Bill Text: NY A02345 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to revocation of driver's licenses and registrations for multiple driving while intoxicated convictions; automatic 10 year license revocation for 3rd offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A02345 Detail]

Download: New_York-2017-A02345-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 2982                                                  A. 2345
                               2017-2018 Regular Sessions
                SENATE - ASSEMBLY
                                    January 18, 2017
                                       ___________
        IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
          ed, and when printed to be committed to the Committee  on  Transporta-
          tion
        IN  ASSEMBLY  --  Introduced  by  M.  of A. MALLIOTAKIS -- read once and
          referred to the Committee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation  to  revocation
          of  drivers'  licenses and registrations for driving while intoxicated
          convictions
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  12  of  paragraph  (b)  of subdivision 2 of
     2  section 1193 of the vehicle and traffic law, as added by chapter 732  of
     3  the  laws  of 2006, item (ii) of clause (b) as amended by section 32 and
     4  item (iii) of clause (e) as amended by section 33 of part LL of  chapter
     5  56 of the laws of 2010, is amended to read as follows:
     6    (12)  Permanent revocation. (a) Notwithstanding any other provision of
     7  this chapter to the contrary, whenever a revocation is  imposed  upon  a
     8  person  for  the  refusal  to  submit to a chemical test pursuant to the
     9  provisions of section eleven hundred  ninety-four  of  this  article  or
    10  conviction  for  any  violation  of section eleven hundred ninety-two of
    11  this article [for which a sentence of imprisonment may be imposed],  and
    12  such  person  has:    (i)  [within  the  previous four years] been twice
    13  convicted of any provisions of section eleven hundred ninety-two of this
    14  article or a violation of the penal law for which a  violation  of  such
    15  section  eleven  hundred ninety-two is an essential element and at least
    16  one such conviction was for a crime, or has twice  been  found  to  have
    17  refused  to submit to a chemical test pursuant to section eleven hundred
    18  ninety-four of  this  article,  or  has  any  combination  of  two  such
    19  convictions  and  findings  of refusal not arising out of the same inci-
    20  dent; or (ii) [within the previous eight years]  been  convicted  [three

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04245-01-7
        S. 2982                             2                            A. 2345

     1  times  of  any  provision]  two times of a violation of subdivision two,
     2  two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
     3  this  article for [which a sentence of imprisonment may be imposed or] a
     4  violation  of the penal law for which a violation of such section eleven
     5  hundred ninety-two is  an  essential  element  and  at  least  two  such
     6  convictions  were for crimes, or has been found, on three separate occa-
     7  sions, to have refused to submit to a chemical test pursuant to  section
     8  eleven  hundred  ninety-four  of this article, or has any combination of
     9  such convictions and findings of refusal not arising  out  of  the  same
    10  incident, such revocation shall be permanent.
    11    (b)  The  permanent driver's license revocation required by clause (a)
    12  of this subparagraph shall be waived by the commissioner after a  period
    13  of  [five]  ten years has expired since the imposition of such permanent
    14  revocation, provided that during such [five-year] ten-year  period  such
    15  person  has  not  been found to have refused a chemical test pursuant to
    16  section eleven hundred ninety-four of this  article  while  operating  a
    17  motor  vehicle and has not been convicted of a violation of any subdivi-
    18  sion of section eleven hundred ninety-two of  this  article  or  section
    19  five  hundred eleven of this chapter or a violation of the penal law for
    20  which a violation of any subdivision  of  such  section  eleven  hundred
    21  ninety-two is an essential element and either:
    22    (i)  that such person provides acceptable documentation to the commis-
    23  sioner that such person has voluntarily  enrolled  in  and  successfully
    24  completed an appropriate rehabilitation program; or
    25    (ii) that such person is granted a certificate of relief from disabil-
    26  ities  or a certificate of good conduct pursuant to article twenty-three
    27  of the correction law.
    28    Provided, however, that the commissioner may, on a case by case basis,
    29  refuse to restore a license which otherwise would be  restored  pursuant
    30  to this item, in the interest of the public safety and welfare.
    31    (c)  For  revocations  imposed pursuant to clause (a) of this subpara-
    32  graph, the  commissioner  may  adopt  rules  to  permit  conditional  or
    33  restricted  operation  of  a  motor  vehicle  by any such person after a
    34  mandatory revocation period of not less than three years subject to such
    35  criteria, terms and conditions as established by the commissioner.
    36    (d) Upon (i) a finding of refusal after having  been  convicted  three
    37  times  [within  four years] of a violation of any subdivision of section
    38  eleven hundred ninety-two of this article or of the penal law for  which
    39  a violation of any subdivision of such section eleven hundred ninety-two
    40  is an essential element or any combination of three such convictions not
    41  arising  out of the same incident [within four years] or (ii) a [fourth]
    42  third conviction of any subdivision of section eleven hundred ninety-two
    43  of this article after having been convicted of any such  subdivision  of
    44  such  section  eleven hundred ninety-two or of the penal law for which a
    45  violation of any of such subdivisions of  such  section  eleven  hundred
    46  ninety-two  is  an  essential  element  or any combination of three such
    47  convictions not arising out of the same incident [within four years]  or
    48  (iii)  a  finding  of  refusal  after having been convicted [four] three
    49  times [within eight years] of a violation of any subdivision of  section
    50  eleven  hundred ninety-two of this article or of the penal law for which
    51  a violation of any of such subdivisions of such section  eleven  hundred
    52  ninety-two  is  an  essential  element or any combination of [four] such
    53  convictions not arising out of the same incident [within eight years] or
    54  (iv) a [fifth] third conviction of any  subdivision  of  section  eleven
    55  hundred  ninety-two  of this article after having been convicted of such
    56  subdivision or of the penal law for which a violation  of  any  of  such
        S. 2982                             3                            A. 2345
     1  subdivisions  of  such section eleven hundred ninety-two is an essential
     2  element or any combination of [four] such convictions not arising out of
     3  the same incident [within eight years], such revocation shall be  perma-
     4  nent.
     5    (e)  The  permanent driver's license revocation required by clause (d)
     6  of this subparagraph may be waived by the commissioner after a period of
     7  [eight] ten years has expired since the  imposition  of  such  permanent
     8  revocation provided:
     9    (i)  that during such [eight-year] ten-year period such person has not
    10  been found to have refused a chemical test pursuant  to  section  eleven
    11  hundred  ninety-four of this article while operating a motor vehicle and
    12  has not been convicted of a violation  of  any  subdivision  of  section
    13  eleven hundred ninety-two of this article or section five hundred eleven
    14  of this chapter or a violation of the penal law for which a violation of
    15  any  such  subdivisions  of such section eleven hundred ninety-two is an
    16  essential element; and
    17    (ii) that such person provides acceptable documentation to the commis-
    18  sioner that such person has voluntarily  enrolled  in  and  successfully
    19  completed an appropriate rehabilitation program; and
    20    (iii) after such documentation is accepted, that such person is grant-
    21  ed  a  certificate  of relief from disabilities or a certificate of good
    22  conduct pursuant to article twenty-three of the correction law.
    23    Notwithstanding the provisions of this clause,  nothing  contained  in
    24  this  clause  shall  be  deemed to require the commissioner to restore a
    25  license to an applicant who otherwise has complied with the requirements
    26  of this item, in the interest of the public safety and welfare.
    27    (f) Nothing contained in this subparagraph shall be deemed to reduce a
    28  license revocation period imposed pursuant to  any  other  provision  of
    29  law.
    30    § 2. Section 401 of the vehicle and traffic law is amended by adding a
    31  new subdivision 5-b to read as follows:
    32    5-b.  Revocation  and  denial  of  registration  based on suspended or
    33  revoked driver's license or privilege. The  registration  of  any  motor
    34  vehicle  registered  to  a  person  who  has  had their driver's license
    35  suspended or revoked as a result of a conviction or criminal penalty for
    36  an offense as pursuant to section eleven hundred  ninety-three  of  this
    37  chapter  shall  be  revoked  and  the number plates of any such vehicles
    38  shall be surrendered. If at the time of application for a  registration,
    39  the  records of the department indicate that the registrant's license or
    40  privilege of operating a motor vehicle in this  state  or  privilege  of
    41  obtaining  a license to operate such motor vehicle issued by the commis-
    42  sioner is suspended, revoked or otherwise withdrawn by the commissioner,
    43  the commissioner may, pursuant to regulation,  deny  such  registration.
    44  Such  revocation  or  denial  shall only remain in effect as long as the
    45  suspension, revocation or withdrawal of the  driver's  license  has  not
    46  been terminated.
    47    §  3. Section 1193 of the vehicle and traffic law is amended by adding
    48  a new subdivision 3 to read as follows:
    49    3. Registration sanctions.  Any  person  who  has  had  their  license
    50  suspended  or  revoked  pursuant  to any provision of subdivision two of
    51  this section shall surrender the certificates of registration and number
    52  plates of all motor vehicles which such person has  registered  pursuant
    53  to  article  fourteen of this chapter. Upon receipt of such certificates
    54  of registration and number plates, the court shall return  such  to  the
    55  commissioner.  Such revocation of registration shall remain in effect as
        S. 2982                             4                            A. 2345
     1  long as the  suspension,  revocation  or  withdrawal  of  such  driver's
     2  license.
     3    § 4. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.