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2 section 1193 of the vehicle and traffic law is REPEALED.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.