Bill Text: NY A06921 | 2021-2022 | General Assembly | Introduced
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) 2022-05-10 - held for consideration in transportation [A06921 Detail]
Download: New_York-2021-A06921-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6921 2021-2022 Regular Sessions IN ASSEMBLY April 13, 2021 ___________ Introduced by M. of A. TANNOUSIS -- 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 [three21times of any provision] two times of a violation of subdivision two, 22 two-a, three, four or four-a of section eleven hundred ninety-two of 23 this article for [which a sentence of imprisonment may be imposed or] a 24 violation of the penal law for which a violation of such section eleven EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10733-01-1A. 6921 2 1 hundred ninety-two is an essential element and at least two such 2 convictions were for crimes, or has been found, on three separate occa- 3 sions, to have refused to submit to a chemical test pursuant to section 4 eleven hundred ninety-four of this article, or has any combination of 5 such convictions and findings of refusal not arising out of the same 6 incident, such revocation shall be permanent. 7 (b) The permanent driver's license revocation required by clause (a) 8 of this subparagraph shall be waived by the commissioner after a period 9 of [five] ten years has expired since the imposition of such permanent 10 revocation, provided that during such [five-year] ten-year period such 11 person has not been found to have refused a chemical test pursuant to 12 section eleven hundred ninety-four of this article while operating a 13 motor vehicle and has not been convicted of a violation of any subdivi- 14 sion of section eleven hundred ninety-two of this article or section 15 five hundred eleven of this chapter or a violation of the penal law for 16 which a violation of any subdivision of such section eleven hundred 17 ninety-two is an essential element and either: 18 (i) that such person provides acceptable documentation to the commis- 19 sioner that such person has voluntarily enrolled in and successfully 20 completed an appropriate rehabilitation program; or 21 (ii) that such person is granted a certificate of relief from disabil- 22 ities or a certificate of good conduct pursuant to article twenty-three 23 of the correction law. 24 Provided, however, that the commissioner may, on a case by case basis, 25 refuse to restore a license which otherwise would be restored pursuant 26 to this item, in the interest of the public safety and welfare. 27 (c) For revocations imposed pursuant to clause (a) of this subpara- 28 graph, the commissioner may adopt rules to permit conditional or 29 restricted operation of a motor vehicle by any such person after a 30 mandatory revocation period of not less than three years subject to such 31 criteria, terms and conditions as established by the commissioner. 32 (d) Upon (i) a finding of refusal after having been convicted three 33 times [within four years] of a violation of any subdivision of section 34 eleven hundred ninety-two of this article or of the penal law for which 35 a violation of any subdivision of such section eleven hundred ninety-two 36 is an essential element or any combination of three such convictions not 37 arising out of the same incident [within four years] or (ii) a [fourth] 38 third conviction of any subdivision of section eleven hundred ninety-two 39 of this article after having been convicted of any such subdivision of 40 such section eleven hundred ninety-two or of the penal law for which a 41 violation of any of such subdivisions of such section eleven hundred 42 ninety-two is an essential element or any combination of three such 43 convictions not arising out of the same incident [within four years] or 44 (iii) a finding of refusal after having been convicted [four] three 45 times [within eight years] of a violation of any subdivision of section 46 eleven hundred ninety-two of this article or of the penal law for which 47 a violation of any of such subdivisions of such section eleven hundred 48 ninety-two is an essential element or any combination of [four] such 49 convictions not arising out of the same incident [within eight years] or 50 (iv) a [fifth] third conviction of any subdivision of section eleven 51 hundred ninety-two of this article after having been convicted of such 52 subdivision or of the penal law for which a violation of any of such 53 subdivisions of such section eleven hundred ninety-two is an essential 54 element or any combination of [four] such convictions not arising out of 55 the same incident [within eight years], such revocation shall be perma- 56 nent.A. 6921 3 1 (e) The permanent driver's license revocation required by clause (d) 2 of this subparagraph may be waived by the commissioner after a period of 3 [eight] ten years has expired since the imposition of such permanent 4 revocation provided: 5 (i) that during such [eight-year] ten-year period such person has not 6 been found to have refused a chemical test pursuant to section eleven 7 hundred ninety-four of this article while operating a motor vehicle and 8 has not been convicted of a violation of any subdivision of section 9 eleven hundred ninety-two of this article or section five hundred eleven 10 of this chapter or a violation of the penal law for which a violation of 11 any such subdivisions of such section eleven hundred ninety-two is an 12 essential element; and 13 (ii) that such person provides acceptable documentation to the commis- 14 sioner that such person has voluntarily enrolled in and successfully 15 completed an appropriate rehabilitation program; and 16 (iii) after such documentation is accepted, that such person is grant- 17 ed a certificate of relief from disabilities or a certificate of good 18 conduct pursuant to article twenty-three of the correction law. 19 Notwithstanding the provisions of this clause, nothing contained in 20 this clause shall be deemed to require the commissioner to restore a 21 license to an applicant who otherwise has complied with the requirements 22 of this item, in the interest of the public safety and welfare. 23 (f) Nothing contained in this subparagraph shall be deemed to reduce a 24 license revocation period imposed pursuant to any other provision of 25 law. 26 § 2. Section 401 of the vehicle and traffic law is amended by adding a 27 new subdivision 5-b to read as follows: 28 5-b. Revocation and denial of registration based on suspended or 29 revoked driver's license or privilege. The registration of any motor 30 vehicle registered to a person who has had their driver's license 31 suspended or revoked as a result of a conviction or criminal penalty for 32 an offense as pursuant to section eleven hundred ninety-three of this 33 chapter shall be revoked and the number plates of any such vehicles 34 shall be surrendered. If at the time of application for a registration, 35 the records of the department indicate that the registrant's license or 36 privilege of operating a motor vehicle in this state or privilege of 37 obtaining a license to operate such motor vehicle issued by the commis- 38 sioner is suspended, revoked or otherwise withdrawn by the commissioner, 39 the commissioner may, pursuant to regulation, deny such registration. 40 Such revocation or denial shall only remain in effect as long as the 41 suspension, revocation or withdrawal of the driver's license has not 42 been terminated. 43 § 3. Section 1193 of the vehicle and traffic law is amended by adding 44 a new subdivision 3 to read as follows: 45 3. Registration sanctions. Any person who has had their license 46 suspended or revoked pursuant to any provision of subdivision two of 47 this section shall surrender the certificates of registration and number 48 plates of all motor vehicles which such person has registered pursuant 49 to article fourteen of this chapter. Upon receipt of such certificates 50 of registration and number plates, the court shall return such to the 51 commissioner. Such revocation of registration shall remain in effect as 52 long as the suspension, revocation or withdrawal of such driver's 53 license. 54 § 4. This act shall take effect on the first of November next succeed- 55 ing the date on which it shall have become a law.