Bill Text: NY A03228 | 2017-2018 | General Assembly | Introduced
Bill Title: Provides for a two year suspension of a person's driver's license upon second driving while intoxicated conviction and authorizes the commissioner of motor vehicles to issue a conditional license for up to one year as an alternative to restoration of such license.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2017-06-07 - held for consideration in transportation [A03228 Detail]
Download: New_York-2017-A03228-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3228 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 the suspen- sion and restoration of a driver's license following a second or subsequent DWI conviction The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 3 of paragraph (b) of subdivision 2 of section 2 1193 of the vehicle and traffic law, as amended by chapter 732 of the 3 laws of 2006, is amended to read as follows: 4 (3) Driving while intoxicated or while ability impaired by drugs or 5 while ability impaired by the combined influence of drugs or of alcohol 6 and any drug or drugs; aggravated driving while intoxicated; prior 7 offense. [One year] Two years, where the holder is convicted of a 8 violation of subdivision two, three, four or four-a of section eleven 9 hundred ninety-two of this article committed within ten years of a 10 conviction for a violation of subdivision two, three, four or four-a of 11 section eleven hundred ninety-two of this article. Eighteen months, 12 where the holder is convicted of a violation of subdivision two-a of 13 section eleven hundred ninety-two of this article committed within ten 14 years of a conviction for a violation of subdivision two, two-a, three, 15 four or four-a of section eleven hundred ninety-two of this article; or 16 where the holder is convicted of a violation of subdivision two, three, 17 four or four-a of section eleven hundred ninety-two of this article 18 committed within ten years of a conviction for a violation of subdivi- 19 sion two-a of section eleven hundred ninety-two of this article. 20 § 2. Section 1196 of the vehicle and traffic law is amended by adding 21 a new subdivision 8 to read as follows: 22 8. Restoration of license. Notwithstanding any inconsistent provision 23 of this chapter, when restoring a license which has been revoked follow- 24 ing a second or subsequent conviction of a violation of subdivision two, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04685-01-7A. 3228 2 1 three, four or four-a of section eleven hundred ninety-two of this arti- 2 cle or a finding of refusal to submit to a chemical test pursuant to 3 section eleven hundred ninety-four of this article, which was committed 4 within ten years of any such prior conviction or finding of chemical 5 test refusal, the commissioner may, in lieu of issuing a driver's 6 license pursuant to article nineteen of this chapter, issue a condi- 7 tional driver's license as described in subdivision seven of this 8 section. In addition to the conditions set forth in such subdivision, 9 the commissioner may establish other reasonable conditions to the 10 continued holding of such license, including, but not limited to, the 11 holder's periodic demonstration that the holder is continuing to partic- 12 ipate satisfactorily in alcoholism or substance abuse counseling or 13 treatment. The provisions of paragraph (e) of subdivision seven of this 14 section shall be applicable to any such license. The commissioner shall 15 determine the period of validity of such license, which in no event 16 shall be greater than one year, after which time the commissioner may 17 issue the holder a license pursuant to article nineteen of this chapter. 18 § 3. This act shall take effect on the first of November next succeed- 19 ing the date on which it shall have become a law.
