Bill Text: NY S01738 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the revocation and reissuance of licenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2016-06-16 - referred to transportation [S01738 Detail]

Download: New_York-2015-S01738-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1738
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2015
                                      ___________
       Introduced  by Sen. CARLUCCI -- 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 the  revoca-
         tion  and the reissuance of licenses; and to repeal subparagraph 12 of
         paragraph (b) of subdivision 2 of section 1193 of such  law,  relating
         to permanent revocation
         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    2  section 1193 of the vehicle and traffic law is REPEALED.
    3    S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
    4  traffic law, as amended by chapter 312 of the laws of 1994, subparagraph
    5  3  as  amended by chapter 732 of the laws of 2006, is amended to read as
    6  follows:
    7    (c) Reissuance of licenses;  restrictions.  (1)  Except  as  otherwise
    8  provided in this paragraph, where a license is revoked pursuant to para-
    9  graph  (b) of this subdivision, no new license shall be issued after the
   10  expiration of the minimum period specified in such paragraph, except  in
   11  the discretion of the commissioner.
   12    (2)  Where a license is revoked pursuant to subparagraph two, three or
   13  eight of paragraph (b) of this subdivision for a violation  of  subdivi-
   14  sion  four  of  section  eleven  hundred ninety-two of this article, and
   15  where the individual does not have a driver's license  or  the  individ-
   16  ual's license was suspended at the time of conviction or youthful offen-
   17  der  or  other juvenile adjudication, the commissioner shall not issue a
   18  new license nor restore the former license for a period  of  six  months
   19  after  such  individual would otherwise have become eligible to obtain a
   20  new license or to have the former license restored;  provided,  however,
   21  that  during  such  delay period the commissioner may issue a restricted
   22  use license pursuant to section five hundred thirty of this chapter.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03071-01-5
       S. 1738                             2
    1    (3) In no event shall a new license be issued where a person has  been
    2  [twice] convicted THREE TIMES of a violation of [subdivision three, four
    3  or  four-a  of]  section eleven hundred ninety-two of this article or of
    4  [driving while intoxicated or of driving while ability  is  impaired  by
    5  the  use  of  a  drug  or  of  driving  while ability is impaired by the
    6  combined influence of drugs or of alcohol and any  drug  or  drugs]  ANY
    7  VIOLATION  OF  THE  PENAL  LAW  FOR  WHICH A VIOLATION OF SECTION ELEVEN
    8  HUNDRED NINETY-TWO OF THIS ARTICLE IS AN ESSENTIAL ELEMENT OR HAS  THREE
    9  TIMES  BEEN  FOUND TO HAVE REFUSED TO SUBMIT TO A CHEMICAL TEST PURSUANT
   10  TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR HAS ANY COMBI-
   11  NATION OF THREE SUCH CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING OUT
   12  OF THE SAME INCIDENT, OR HAS BEEN CONVICTED TWICE where physical injury,
   13  as defined in section 10.00 of the penal law,  has  resulted  from  such
   14  offense in each instance.
   15    S  3.  Subparagraph (iii) of paragraph (a) of subdivision 3 of section
   16  511 of the vehicle and traffic law, as amended by  chapter  169  of  the
   17  laws of 2013, is amended to read as follows:
   18    (iii)  commits  the  offense  of  aggravated unlicensed operation of a
   19  motor vehicle in the third degree as defined in subdivision one of  this
   20  section;  and is operating a motor vehicle while under permanent revoca-
   21  tion as set forth in subparagraph [twelve] THREE of paragraph [(b)]  (C)
   22  of  subdivision two of section eleven hundred ninety-three of this chap-
   23  ter; or
   24    S 4. This act shall take effect on the ninetieth day  after  it  shall
   25  have become a law.