Bill Text: NY A03225 | 2017-2018 | General Assembly | Introduced

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Bill Title: Increases mandatory minimum fines and driver's license revocation periods for second and subsequent alcohol and drug related offenses including provision for a "permanently" probationary license after having one's license permanently revoked.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2017-01-27 - referred to transportation [A03225 Detail]

Download: New_York-2017-A03225-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3225
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
          the Committee on Transportation
        AN  ACT  to amend the vehicle and traffic law, in relation to increasing
          fines and license revocation  periods  for  repeat  alcohol  and  drug
          related offenses
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subparagraph (i) of  paragraph  (c)  of  subdivision  1  of
     2  section  1193  of the vehicle and traffic law, as amended by chapter 169
     3  of the laws of 2013, is amended to read as follows:
     4    (i) A person who operates a vehicle (A) in  violation  of  subdivision
     5  two,  two-a,  three, four or four-a of section eleven hundred ninety-two
     6  of this article after having been convicted of a violation  of  subdivi-
     7  sion  two,  two-a, three, four or four-a of such section or of vehicular
     8  assault in the second or first  degree,  as  defined,  respectively,  in
     9  sections  120.03  and 120.04 and aggravated vehicular assault as defined
    10  in section 120.04-a of the penal law or of vehicular manslaughter in the
    11  second or first degree, as defined, respectively, in sections 125.12 and
    12  125.13 and aggravated vehicular homicide as defined in section 125.14 of
    13  such law, within the preceding ten years, or (B) in violation  of  para-
    14  graph  (b)  of subdivision two-a of section eleven hundred ninety-two of
    15  this article shall be guilty of a class E felony, and shall be  punished
    16  by  a  fine  of  not  less than [one thousand] two thousand five hundred
    17  dollars nor more than five thousand dollars or by a period of  imprison-
    18  ment  as  provided  in the penal law, or by both such fine and imprison-
    19  ment.
    20    § 2. Subparagraph 3 of paragraph (b) of subdivision 2 of section  1193
    21  of the vehicle and traffic law, as amended by chapter 732 of the laws of
    22  2006, is amended to read as follows:
    23    (3)  Driving  while  intoxicated or while ability impaired by drugs or
    24  while ability impaired by the combined influence of drugs or of  alcohol
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04683-01-7
        A. 3225                             2
     1  and  any  drug  or  drugs;  aggravated  driving while intoxicated; prior
     2  offense. [One year] Two years,  where  the  holder  is  convicted  of  a
     3  violation  of  subdivision  two, three, four or four-a of section eleven
     4  hundred  ninety-two  of  this  article  committed  within ten years of a
     5  conviction for a violation of subdivision two, three, four or four-a  of
     6  section  eleven  hundred  ninety-two  of this article. [Eighteen months,
     7  where the holder is convicted of a violation  of  subdivision  two-a  of
     8  section  eleven  hundred ninety-two of this article committed within ten
     9  years of a conviction for a violation of subdivision two, two-a,  three,
    10  four  or four-a of section eleven hundred ninety-two of this article; or
    11  where] Where the holder is convicted of a violation of subdivision  two,
    12  two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
    13  this article [committed] after having been convicted two or  more  times
    14  of  a  violation  of  subdivision  two,  two-a, three, four or four-a of
    15  section eleven hundred ninety-two of this article within  the  preceding
    16  ten  years  [of  a  conviction  for  a violation of subdivision two-a of
    17  section eleven hundred ninety-two of this article], such holder shall be
    18  permanently disqualified from operating a motor vehicle.
    19    § 3. Subparagraph 3 of paragraph (e) of subdivision 2 of section  1193
    20  of the vehicle and traffic law, as amended by chapter 173 of the laws of
    21  1990,  item (iii) of clause a as amended by section 35 and item (iii) of
    22  clause b as amended by section 36 of part LL of chapter 56 of  the  laws
    23  of 2010 and clause b as amended by section 17 of part E of chapter 60 of
    24  the laws of 2005, is amended to read as follows:
    25    (3)  Permanent disqualification from operating certain motor vehicles.
    26  a. Any person sentenced pursuant to subparagraph (ii) of  paragraph  (c)
    27  of  subdivision  one  of  this section shall be permanently disqualified
    28  from operating a motor vehicle. In addition, the commissioner shall  not
    29  issue  such  person  a  license  valid for the operation of any vehicle.
    30  However, the commissioner may waive such disqualification  and  prohibi-
    31  tion  hereinbefore provided after a period of ten years has expired from
    32  such sentence and may issue a permanently probationary license provided:
    33    (i) that during such ten year period such person has not violated  any
    34  of  the  provisions of section eleven hundred ninety-two of this article
    35  or any alcohol or drug related traffic offense in this state or  in  any
    36  jurisdiction outside this state;
    37    (ii) that such person provides acceptable documentation to the commis-
    38  sioner  that  such person is not in need of alcohol or drug treatment or
    39  has satisfactorily completed a prescribed course of such treatment; and
    40    (iii) after such documentation is accepted, that such person is grant-
    41  ed a certificate of relief from disabilities as provided for in  section
    42  seven  hundred  one  of  the  correction  law by the court in which such
    43  person was last penalized pursuant to paragraph (d) of  subdivision  one
    44  of this section.
    45    b.  Except as otherwise provided herein, in addition to any revocation
    46  set forth in subparagraph four or five of paragraph (b) of this subdivi-
    47  sion, any person sentenced pursuant to subparagraph three  of  paragraph
    48  (d) of subdivision one of this section shall be permanently disqualified
    49  from operating any vehicle set forth in such paragraph. In addition, the
    50  commissioner  shall not issue such person a license valid for the opera-
    51  tion of any vehicle set forth therein by such person.  The  commissioner
    52  may  waive  such  disqualification and prohibition hereinbefore provided
    53  after a period of five years has expired from such sentencing provided:
    54    (i) that during such five year period such person has not violated any
    55  of the provisions of section eleven hundred ninety-two of  this  article
        A. 3225                             3
     1  or  any  alcohol or drug related traffic offense in this state or in any
     2  jurisdiction outside this state;
     3    (ii) that such person provides acceptable documentation to the commis-
     4  sioner  that  such person is not in need of alcohol or drug treatment or
     5  has satisfactorily completed a prescribed course of such treatment; and
     6    (iii) after such documentation is accepted, that such person is grant-
     7  ed a certificate of relief from disabilities or a  certificate  of  good
     8  conduct pursuant to article twenty-three of the correction law.
     9    [b]  c.    Any  person  who holds a commercial driver's license and is
    10  convicted of a violation of any subdivision of  section  eleven  hundred
    11  ninety-two  of  this  article  who has had a prior finding of refusal to
    12  submit to a chemical test pursuant to section eleven hundred ninety-four
    13  of this article or has had a prior conviction of any  of  the  following
    14  offenses:    any  violation of section eleven hundred ninety-two of this
    15  article; any violation of subdivision one or two of section six  hundred
    16  of  this  chapter; or has a prior conviction of any felony involving the
    17  use of a motor vehicle pursuant to paragraph (a) of subdivision  one  of
    18  section  five  hundred  ten-a  of  this  chapter,  shall  be permanently
    19  disqualified from operating a commercial motor vehicle. The commissioner
    20  may waive such disqualification and  prohibition  hereinbefore  provided
    21  after a period of ten years has expired from such sentence provided:
    22    (i) that during such ten year period such person has not been found to
    23  have  refused a chemical test pursuant to section eleven hundred ninety-
    24  four of this article while operating a motor vehicle and  has  not  been
    25  convicted  of  any one of the following offenses while operating a motor
    26  vehicle: any violation of section  eleven  hundred  ninety-two  of  this
    27  article;  any violation of subdivision one or two of section six hundred
    28  of this chapter; or has a prior conviction of any felony  involving  the
    29  use  of  a motor vehicle pursuant to paragraph (a) of subdivision one of
    30  section five hundred ten-a of this chapter;
    31    (ii) that such person provides acceptable documentation to the commis-
    32  sioner that such person is not in need of alcohol or drug  treatment  or
    33  has satisfactorily completed a prescribed course of such treatment; and
    34    (iii) after such documentation is accepted, that such person is grant-
    35  ed  a  certificate  of relief from disabilities or a certificate of good
    36  conduct pursuant to article twenty-three of the correction law.
    37    [c] d.  Upon a third finding of refusal and/or conviction  of  any  of
    38  the offenses which require a permanent commercial driver's license revo-
    39  cation,  such permanent revocation may not be waived by the commissioner
    40  under any circumstances.
    41    § 4. This act shall take effect on the first of November next succeed-
    42  ing the date on which it shall have become a law.