Bill Text: NY S00165 | 2011-2012 | General Assembly | Introduced
Bill Title: Expands the requirement of mandatory imprisonment or community service for repeat convictions of driving while intoxicated, driving while impaired by drugs and commercial vehicle alcohol offenses; increases the period of revocation of an operator's license and registration to 2 years for the first repeat conviction within 10 years, and 4 years for the second and subsequent convictions within such period of time.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S00165 Detail]
Download: New_York-2011-S00165-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
165
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. MAZIARZ, ALESI, BONACIC, FLANAGAN, GOLDEN, LANZA,
LAVALLE, SALAND -- read twice and ordered printed, and when printed to
be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to repeat
convictions of 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. Subdivision 1-a of section 1193 of the vehicle and traffic
2 law, as added by chapter 691 of the laws of 2002, paragraph (c) as
3 amended by chapter 669 of the laws of 2007 and paragraph (d) as added by
4 chapter 732 of the laws of 2006, is amended to read as follows:
5 1-a. Additional penalties. (a) Except as provided for in paragraph (b)
6 of this subdivision, a person who operates a vehicle in violation of
7 subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred
8 ninety-two of this article after having been convicted of a violation of
9 subdivision two [or], three, FOUR, FIVE OR SIX of such section within
10 the preceding five years shall, in addition to any other penalties which
11 may be imposed pursuant to subdivision one of this section, be sentenced
12 to a term of imprisonment of five days or, as an alternative to such
13 imprisonment, be required to perform thirty days of service for a public
14 or not-for-profit corporation, association, institution or agency as set
15 forth in paragraph (h) of subdivision two of section 65.10 of the penal
16 law as a condition of sentencing for such violation. Notwithstanding the
17 provisions of this paragraph, a sentence of a term of imprisonment of
18 five days or more pursuant to the provisions of subdivision one of this
19 section shall be deemed to be in compliance with this subdivision.
20 (b) A person who operates a vehicle in violation of subdivision two
21 [or], three, FOUR, FIVE OR SIX of section eleven hundred ninety-two of
22 this article after having been convicted on two or more occasions of a
23 violation of any of such subdivisions within the preceding five years
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01573-01-1
S. 165 2
1 shall, in addition to any other penalties which may be imposed pursuant
2 to subdivision one of this section, be sentenced to a term of imprison-
3 ment of ten days or, as an alternative to such imprisonment, be required
4 to perform sixty days of service for a public or not-for-profit corpo-
5 ration, association, institution or agency as set forth in paragraph (h)
6 of subdivision two of section 65.10 of the penal law as a condition of
7 sentencing for such violation. Notwithstanding the provisions of this
8 paragraph, a sentence of a term of imprisonment of ten days or more
9 pursuant to the provisions of subdivision one of this section shall be
10 deemed to be in compliance with this subdivision.
11 (c) A court sentencing a person pursuant to paragraph (a) or (b) of
12 this subdivision shall: (i) order the installation of an ignition inter-
13 lock device approved pursuant to section eleven hundred ninety-eight of
14 this article in any motor vehicle owned or operated by the person so
15 sentenced. Such devices shall remain installed during any period of
16 license revocation required to be imposed pursuant to paragraph (b) of
17 subdivision two of this section, and, upon the termination of such revo-
18 cation period, for an additional period as determined by the court;
19 [and] (ii) order that such person receive an assessment of the degree of
20 their alcohol or substance abuse and dependency pursuant to the
21 provisions of section eleven hundred ninety-eight-a of this article.
22 Where such assessment indicates the need for treatment, such court is
23 authorized to impose treatment as a condition of such sentence except
24 that such court shall impose treatment as a condition of a sentence of
25 probation or conditional discharge pursuant to the provisions of subdi-
26 vision three of section eleven hundred ninety-eight-a of this article.
27 Any person ordered to install an ignition interlock device pursuant to
28 this paragraph shall be subject to the provisions of subdivisions four,
29 five, seven, eight and nine of section eleven hundred ninety-eight of
30 this article; AND (III) ORDER THAT, DURING ANY PERIOD OF LICENSE REVOCA-
31 TION REQUIRED TO BE IMPOSED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
32 OF THIS SECTION, THE REGISTRATION OF EACH MOTOR VEHICLE OWNED BY SUCH
33 PERSON BE REVOKED; PROVIDED, HOWEVER, THAT THE COURT MAY GRANT RELIEF
34 FROM SUCH REGISTRATION REVOCATION IF AN INDIVIDUAL, OTHER THAN THE
35 PERSON SENTENCED, WOULD BE SUBJECTED TO UNDUE HARDSHIP DUE TO SUCH REVO-
36 CATION.
37 (d) Confidentiality of records. The provisions of subdivision six of
38 section eleven hundred ninety-eight-a of this article shall apply to the
39 records and content of all assessments and treatment conducted pursuant
40 to this subdivision.
41 S 2. Subparagraph 3 of paragraph (b) of subdivision 2 of section 1193
42 of the vehicle and traffic law, as amended by chapter 732 of the laws of
43 2006, is amended to read as follows:
44 (3) Driving while intoxicated or while ability impaired by drugs or
45 while ability impaired by the combined influence of drugs or of alcohol
46 and any drug or drugs; aggravated driving while intoxicated; prior
47 offense. [One year] TWO YEARS, where the holder is convicted of a
48 violation of subdivision two, three, four or four-a of section eleven
49 hundred ninety-two of this article committed within ten years of a
50 conviction for a violation of subdivision two, three, four or four-a of
51 section eleven hundred ninety-two of this article. [Eighteen months]
52 FOUR YEARS, where the holder is convicted of a violation of subdivision
53 two-a of section eleven hundred ninety-two of this article committed
54 within ten years of a conviction for a violation of subdivision two,
55 two-a, three, four or four-a of section eleven hundred ninety-two of
56 this article; or where the holder is convicted of a violation of subdi-
S. 165 3
1 vision two, three, four or four-a of section eleven hundred ninety-two
2 of this article committed within ten years of a conviction for a
3 violation of subdivision two-a of section eleven hundred ninety-two of
4 this article. FOUR YEARS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION
5 OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO
6 OF THIS ARTICLE AFTER HAVING BEEN CONVICTED TWO OR MORE TIMES OF A
7 VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED
8 NINETY-TWO OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
9 S 3. This act shall take effect immediately, provided that section two
10 of this act shall take effect on the first of March next succeeding the
11 date on which it shall have become a law.
