Bill Text: NY S05671 | 2019-2020 | General Assembly | Amended
Bill Title: Describes the role of the ignition interlock monitor as well as requirements of people charged with violations that require the installation of an ignition interlock device to comply with court orders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-07-21 - referred to transportation [S05671 Detail]
Download: New_York-2019-S05671-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5671--A Cal. No. 1080 2019-2020 Regular Sessions IN SENATE May 10, 2019 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the vehicle and traffic law and the penal law, in relation to the ignition interlock program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi- 2 cle and traffic law, as amended by chapter 169 of the laws of 2013, and 3 subparagraph (ii-a) as added by chapter 191 of the laws of 2014, is 4 amended to read as follows: 5 (c) Felony offenses. (i) A person who operates a vehicle (A) in 6 violation of subdivision two, two-a, three, four or four-a of section 7 eleven hundred ninety-two of this article after having been convicted of 8 a violation of subdivision two, two-a, three, four or four-a of such 9 section or of vehicular assault in the second or first degree, as 10 defined, respectively, in sections 120.03 and 120.04 and aggravated 11 vehicular assault as defined in section 120.04-a of the penal law or of 12 vehicular manslaughter in the second or first degree, as defined, 13 respectively, in sections 125.12 and 125.13 and aggravated vehicular 14 homicide as defined in section 125.14 of such law, within the preceding 15 ten years, or (B) in violation of paragraph (b) of subdivision two-a of 16 section eleven hundred ninety-two of this article shall be guilty of a 17 class E felony, and shall be punished by a fine of not less than one 18 thousand dollars nor more than five thousand dollars or by a period of 19 imprisonment as provided in the penal law, or by both such fine and 20 imprisonment. 21 (ii) A person who operates a vehicle in violation of subdivision two, 22 two-a, three, four or four-a of section eleven hundred ninety-two of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11389-02-9S. 5671--A 2 1 this article after having been convicted of a violation of subdivision 2 two, two-a, three, four or four-a of such section or of vehicular 3 assault in the second or first degree, as defined, respectively, in 4 sections 120.03 and 120.04 and aggravated vehicular assault as defined 5 in section 120.04-a of the penal law or of vehicular manslaughter in the 6 second or first degree, as defined, respectively, in sections 125.12 and 7 125.13 and aggravated vehicular homicide as defined in section 125.14 of 8 such law, twice within the preceding ten years, shall be guilty of a 9 class D felony, and shall be punished by a fine of not less than two 10 thousand dollars nor more than ten thousand dollars or by a period of 11 imprisonment as provided in the penal law, or by both such fine and 12 imprisonment. 13 (ii-a) A person who operates a vehicle in violation of subdivision 14 two, two-a, three, four or four-a of section eleven hundred ninety-two 15 of this article after having been convicted of a violation of subdivi- 16 sion two, two-a, three, four or four-a of such section or of vehicular 17 assault in the second or first degree, as defined, respectively, in 18 sections 120.03 and 120.04 and aggravated vehicular assault as defined 19 in section 120.04-a of the penal law or of vehicular manslaughter in the 20 second or first degree, as defined, respectively, in sections 125.12 and 21 125.13 and aggravated vehicular homicide as defined in section 125.14 of 22 such law, three or more times within the preceding fifteen years, shall 23 be guilty of a class D felony, and shall be punished by a fine of not 24 less than two thousand dollars nor more than ten thousand dollars or by 25 a period of imprisonment as provided in the penal law, or by both such 26 fine and imprisonment. 27 [(iii) In addition to the imposition of any fine or period of impri-28sonment set forth in this paragraph, the court shall also sentence such29person convicted of, or adjudicated a youthful offender for, a violation30of subdivision two, two-a or three of section eleven hundred ninety-two31of this article to a period of probation or conditional discharge, as a32condition of which it shall order such person to install and maintain,33in accordance with the provisions of section eleven hundred ninety-eight34of this article, an ignition interlock device in any motor vehicle owned35or operated by such person during the term of such probation or condi-36tional discharge imposed for such violation of section eleven hundred37ninety-two of this article and in no event for a period of less than38twelve months; provided, however, that such period of interlock39restriction shall terminate upon submission of proof that such person40installed and maintained an ignition interlock device for at least six41months, unless the court ordered such person to install and maintain a42ignition interlock device for a longer period as authorized by this43subparagraph and specified in such order. The period of interlock44restriction shall commence from the earlier of the date of sentencing,45or the date that an ignition interlock device was installed in advance46of sentencing. Provided, however, the court may not authorize the opera-47tion of a motor vehicle by any person whose license or privilege to48operate a motor vehicle has been revoked pursuant to the provisions of49this section.] 50 § 2. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and 51 traffic law, as amended by section 57 of part A of chapter 56 of the 52 laws of 2010, is amended to read as follows: 53 (g) Condition of probation and conditional discharge; ignition inter- 54 lock device requirements; alternative sentence. (1) For the purposes of 55 this subdivision, "ignition interlock monitor" shall mean a person 56 designated by the county where a conviction for a violation of sectionS. 5671--A 3 1 eleven hundred ninety-two of this article shall have occurred who moni- 2 tors compliance with the provisions of section eleven hundred ninety- 3 eight of this article and the concurrent regulations related thereto, by 4 participants in the ignition interlock program. 5 (2) In addition to the imposition of any fine or period of imprison- 6 ment as set forth in this subdivision and to any license sanction 7 imposed pursuant to subdivision two of this section, the court shall 8 sentence such person convicted of, or adjudicated a youthful offender 9 for, a violation of subdivision two, two-a, three or four-a of section 10 eleven hundred ninety-two of this article to a period of probation or 11 conditional discharge, the conditions of which shall include the follow- 12 ing: 13 (i) an express prohibition on the operation of any motor vehicle with- 14 out a functioning ignition interlock device for a period of twelve 15 months or longer, as set forth in this paragraph or in paragraph (c) of 16 subdivision one-a of this section; and 17 (ii) such person shall install and maintain in accordance with the 18 provisions of section eleven hundred ninety-eight of this article, an 19 ignition interlock device in the motor vehicle most frequently operated 20 by such person for a period of twelve months or longer as set forth in 21 subparagraph three of this paragraph, including the one hundred eighty 22 days after a license has been restored. A declaration from the ignition 23 interlock monitor on a form provided by the commissioner, certifying 24 that such person has operated such motor vehicle free of any violations 25 as set forth in paragraph (i) of this subdivision for a period of one 26 hundred twenty consecutive days after the restoration of the operator's 27 license, shall be deemed to have satisfied the conditions of probation 28 or conditional discharge relating to the ignition interlock requirements 29 set forth in this paragraph. The period of interlock restriction shall 30 commence on the date that such ignition interlock device shall have been 31 installed. 32 (3) Notwithstanding the provisions of subparagraph two of this para- 33 graph and subdivision two of this section relating to license sanctions, 34 a court may impose an alternative sentence upon such person convicted 35 of, or adjudicated a youthful offender for, a violation of subdivision 36 two, two-a, three or four-a of section eleven hundred ninety-two of this 37 article, a period of probation or conditional discharge, the conditions 38 of which shall include the following: 39 (i) a prohibition from operating any vehicle without a functioning 40 ignition interlock device for a period of twelve months or longer as set 41 forth in subparagraph four of this paragraph; and 42 (ii) an order that such person install and maintain, in accordance 43 with the provisions of section eleven hundred ninety-eight of this arti- 44 cle, an ignition interlock device in the motor vehicle most regularly 45 operated by such person for a period of twelve months. A declaration 46 from the ignition interlock monitor on a form provided by the commis- 47 sioner, certifying that such person has operated the motor vehicle free 48 of any violations as set forth in paragraph (i) of this subdivision for 49 a period of three hundred consecutive days shall be deemed to have 50 satisfied the conditions of probation or conditional discharge relating 51 to the ignition interlock requirements as set forth in this paragraph. 52 The period of interlock restriction shall commence on the date that such 53 ignition interlock device shall have been installed. The alternative 54 sentence set forth herein shall not be imposed on any offender subject 55 to the additional penalties set forth in subdivision one-a of this 56 section or who shall have also been convicted of a violation of anyS. 5671--A 4 1 provision of article one hundred twenty or one hundred twenty five of 2 the penal law involving the operation of a vehicle. 3 (4) When a sentence is imposed pursuant to subparagraph two or three 4 of this paragraph, in no event shall the commissioner restore the 5 license of any such person until the commissioner receives certification 6 by the ignition interlock monitor that such person shall have operated 7 the motor vehicle free of any violations set forth in paragraph (i) of 8 this subdivision for a period of one hundred twenty days for a sentence 9 imposed pursuant to subparagraph two of this paragraph and for a period 10 of three hundred consecutive days for a sentence imposed pursuant to 11 subparagraph three of this paragraph. A violation of any of the 12 provisions of paragraph (i) of this subdivision shall cause the respec- 13 tive period of operation to reset from the date of any such violation. 14 (h) Driving while ability impaired by alcohol; ignition interlock 15 device requirement. Notwithstanding any other provision of law to the 16 contrary, when a person shall be charged with a violation of subdivision 17 two, two-a, three, or four-a of section eleven hundred ninety-two of 18 this article and a plea of guilty shall have been entered in satisfac- 19 tion of such charge to a violation of subdivision one of section eleven 20 hundred ninety-two of this article, the conditions of such plea shall 21 include an express prohibition on the operation of any motor vehicle 22 without a functioning ignition interlock device for a period of six 23 months, and such person shall install and maintain an ignition interlock 24 device for a period of not less than six months on the motor vehicle 25 operated most frequently by such person. A declaration from the ignition 26 interlock monitor on a form provided by the commissioner, certifying 27 that such person has operated the motor vehicle free of any violations 28 as set forth in paragraph (i) of this subdivision for a period of ninety 29 consecutive days after the date of installation, shall be deemed to have 30 satisfied the conditions of such plea relating to the ignition interlock 31 requirements set forth in this paragraph. The period of interlock 32 restriction shall be deemed to commence from the date such ignition 33 interlock device shall have been installed. If such person is found to 34 have violated the terms of the use of such ignition interlock device as 35 set forth in paragraph (i) of this subdivision, such ninety day period 36 shall reset from the date of any such violation. 37 (i) Violations of ignition interlock requirements. For purposes of 38 paragraphs (g) and (h) of this subdivision, the following shall be 39 deemed a violation of the ignition interlock device requirements: 40 (1) any violation of the provisions of subdivision nine of section 41 eleven hundred ninety-eight of this chapter; or 42 (2) a certified violation on a form provided by the commissioner that 43 such person has: 44 (i) attempted to start his or her vehicle with a blood alcohol concen- 45 tration level of .04 or more, unless a subsequent test performed within 46 ten minutes thereafter registers a blood alcohol concentration level 47 lower than .04 and the digital image provided confirms that the same 48 person provided both samples; 49 (ii) failed to take any random test, unless a review of the digital 50 image confirms that such vehicle was not occupied by the driver at the 51 time of the missed test; 52 (iii) failed to pass any random re-test with a blood alcohol concen- 53 tration level of .025 or lower, unless a subsequent test performed with- 54 in ten minutes registers a blood alcohol concentration level lower than 55 .025, and the digital image confirms that the same person provided both 56 samples; orS. 5671--A 5 1 (iv) failed to appear at the ignition interlock device vendor when 2 required for maintenance, repair, calibration, monitoring, inspection, 3 or replacement of such device. A certificate of violation shall be 4 accompanied by a contemporaneous digital image verifying the identity of 5 the violator. 6 (j) Ignition interlock device requirements; terms of imprisonment. 7 When a sentence imposed pursuant to this subdivision includes a term of 8 imprisonment, the satisfaction of such term of imprisonment shall not 9 reduce or otherwise limit the requirements set forth in paragraph (g) of 10 this subdivision. 11 (k) Demonstration of regular and consistent use. During the period of 12 authorized use of a motor vehicle with an ignition interlock device 13 pursuant to the provisions of this subdivision, the person so authorized 14 shall demonstrate regular and consistent use of the ignition interlock 15 device. 16 (l) The office of probation and correctional alternatives shall recom- 17 mend to the commissioner of the division of criminal justice services 18 regulations governing the monitoring of compliance by persons ordered to 19 install and maintain ignition interlock devices to provide standards for 20 monitoring by departments of probation, and options for monitoring of 21 compliance by such persons, that counties may adopt as an alternative to 22 monitoring by a department of probation. 23 § 3. Paragraph (c) of subdivision 1-a of section 1193 of the vehicle 24 and traffic law, as amended by chapter 669 of the laws of 2007, is 25 amended to read as follows: 26 (c) A court sentencing a person pursuant to paragraph (a) or (b) of 27 this subdivision shall: (i) order, as a condition of such sentence, the 28 installation of an ignition interlock device approved pursuant to 29 section eleven hundred ninety-eight of this article in [any] the motor 30 vehicle [owned or] most frequently operated by the person so sentenced. 31 Such devices shall remain installed during any period of license revoca- 32 tion required to be imposed pursuant to paragraph (b) of subdivision two 33 of this section, and, upon the termination of such revocation period, 34 for an additional period as determined by the court, but in no event 35 less than twelve months; and (ii) order that such person receive an 36 assessment of the degree of their alcohol or substance abuse and depend- 37 ency pursuant to the provisions of section eleven hundred ninety-eight-a 38 of this article. Where such assessment indicates the need for treat- 39 ment, such court is authorized to impose treatment as a condition of 40 such sentence except that such court shall impose treatment as a condi- 41 tion of a sentence of probation or conditional discharge pursuant to the 42 provisions of subdivision three of section eleven hundred ninety-eight-a 43 of this article. Any person ordered to install an ignition interlock 44 device pursuant to this paragraph shall be subject to paragraph (j) of 45 subdivision one of this section and the provisions of subdivisions four, 46 five, seven, eight and nine of section eleven hundred ninety-eight of 47 this article. 48 § 4. Subdivisions 1, 2, 3, 4 and 5 of section 1198 of the vehicle and 49 traffic law, subdivisions 1, 2, 3, 4 and paragraph (a) of subdivision 5 50 as amended by chapter 496 of the laws of 2009, paragraph (a) of subdivi- 51 sion 4 as amended by chapter 169 of the laws of 2013, and subdivision 5 52 as amended by chapter 669 of the laws of 2007, are amended to read as 53 follows: 54 1. Applicability. The provisions of this section shall apply through- 55 out the state to each person required or otherwise ordered by a court as 56 a condition of sentence, plea, probation or conditional discharge, whichS. 5671--A 6 1 shall prohibit the operation of a motor vehicle without a functioning 2 ignition interlock device and requires such person to install and [oper-3ate] maintain an ignition interlock device in [any] the vehicle [which4he or she owns or operates] most frequently operated by such person. 5 2. Requirements. (a) In addition to any other penalties prescribed by 6 law, the court shall require that any person who has been convicted [of] 7 or adjudicated a youthful offender for a violation of subdivision two, 8 two-a [or], three or four-a of section eleven hundred ninety-two of this 9 article, or any crime defined by this chapter or the penal law of which 10 an alcohol-related violation of any provision of section eleven hundred 11 ninety-two of this article is an essential element, [to] shall not oper- 12 ate a motor vehicle without an ignition interlock device and shall 13 install and maintain, as a condition of plea, sentence, probation or 14 conditional discharge, a functioning ignition interlock device in 15 accordance with the provisions of this section and, as applicable, in 16 accordance with the provisions of subdivisions one and one-a of section 17 eleven hundred ninety-three of this article; provided, however, the 18 court may not authorize the operation of a motor vehicle by any person 19 whose license or privilege to operate a motor vehicle has been revoked 20 except as provided herein. For any such individual subject to a sentence 21 of probation, installation and maintenance of such ignition interlock 22 device shall be a condition of probation. 23 (b) Nothing contained in this section shall prohibit a court, upon 24 application by a probation department, from modifying the conditions of 25 probation of any person convicted of any violation set forth in para- 26 graph (a) of this subdivision prior to the effective date of this 27 section, to require the installation and maintenance of a functioning 28 ignition interlock device, and such person shall thereafter be subject 29 to the provisions of this section. 30 [(c) Nothing contained in this section shall authorize a court to31sentence any person to a period of probation or conditional discharge32for the purpose of subjecting such person to the provisions of this33section, unless such person would have otherwise been so eligible for a34sentence of probation or conditional discharge.] 35 3. Conditions. (a) [Notwithstanding any other provision of law] Except 36 as provided for sentences imposed pursuant to paragraph (g) of subdivi- 37 sion one of section eleven hundred ninety-three of this chapter, the 38 commissioner may grant a post-revocation conditional license, as set 39 forth in paragraph (b) of this subdivision, to a person who has been 40 convicted of a violation of subdivision two, two-a [or], three or four-a 41 of section eleven hundred ninety-two of this article and who has been 42 sentenced to a period of probation or conditional discharge, provided 43 the person has satisfied the minimum period of license revocation estab- 44 lished by law and the commissioner has been notified that such person 45 may operate only a motor vehicle equipped with a functioning ignition 46 interlock device. No such request shall be made nor shall such a 47 license be granted, however, if such person has been found by a court to 48 have committed a violation of section five hundred eleven of this chap- 49 ter during the license revocation period or deemed by a court to have 50 violated any condition of probation or conditional discharge set forth 51 by the court relating to the operation of a motor vehicle or the 52 consumption of alcohol. In exercising discretion relating to the issu- 53 ance of a post-revocation conditional license pursuant to this subdivi- 54 sion, the commissioner shall not deny such issuance based solely upon 55 the number of convictions for violations of any subdivision of section 56 eleven hundred ninety-two of this article committed by such person with-S. 5671--A 7 1 in the ten years prior to application for such license. Upon the termi- 2 nation of the period of probation or conditional discharge set by the 3 court, the person may apply to the commissioner for restoration of a 4 license or privilege to operate a motor vehicle in accordance with this 5 chapter. 6 (b) Notwithstanding any inconsistent provision of this chapter, a 7 post-revocation conditional license granted pursuant to paragraph (a) of 8 this subdivision shall be valid only for use by the holder thereof, (1) 9 [enroute] en route to and from the holder's place of employment, (2) if 10 the holder's employment requires the operation of a motor vehicle then 11 during the hours thereof, (3) [enroute] en route to and from a class or 12 course at an accredited school, college or university or at a state 13 approved institution of vocational or technical training, (4) to and 14 from court ordered probation activities, (5) to and from a motor vehicle 15 office for the transaction of business relating to such license, (6) for 16 a three hour consecutive daytime period, chosen by the department, on a 17 day during which the participant is not engaged in usual employment or 18 vocation, (7) [enroute] en route to and from a medical examination or 19 treatment as part of a necessary medical treatment for such participant 20 or member of the participant's household, as evidenced by a written 21 statement to that effect from a licensed medical practitioner, (8) 22 [enroute] en route to and from a class or an activity which is an 23 authorized part of the alcohol and drug rehabilitation program and at 24 which participant's attendance is required, and (9) [enroute] en route 25 to and from a place, including a school, at which a child or children of 26 the participant are cared for on a regular basis and which is necessary 27 for the participant to maintain such participant's employment or enroll- 28 ment at an accredited school, college or university or at a state 29 approved institution of vocational or technical training. 30 (c) The post-revocation conditional license described in this subdivi- 31 sion may be revoked by the commissioner for sufficient cause including 32 but not limited to, failure to comply with the terms of the condition of 33 probation or conditional discharge set forth by the court, conviction of 34 any traffic offense other than one involving parking, stopping or stand- 35 ing [or], conviction of any alcohol or drug related offense, misdemeanor 36 or felony, any violation of section five hundred eleven of this chapter 37 or section eleven hundred ninety-two of this article with respect to 38 operating a motor vehicle without an ignition interlock device when 39 required to do so, or failure to install or maintain a court ordered 40 ignition interlock device. 41 (d) Nothing contained herein shall prohibit the court from requiring, 42 as a condition of probation or conditional discharge, the installation 43 of a functioning ignition interlock device in any vehicle owned or oper- 44 ated by a person sentenced for a violation of subdivision two, two-a, 45 [or] three or four-a of section eleven hundred ninety-two of this [chap-46ter] article, or any crime defined by this chapter or the penal law of 47 which an alcohol-related violation of any provision of section eleven 48 hundred ninety-two of this [chapter] article is an essential element, if 49 the court in its discretion, determines that such a condition is neces- 50 sary to ensure the public safety. Imposition of an ignition interlock 51 condition shall in no way limit the effect of any period of license 52 suspension or revocation set forth by the commissioner or the court. 53 (e) Nothing contained herein shall prevent the court from applying any 54 other conditions of probation or conditional discharge allowed by law, 55 including treatment for alcohol or drug abuse, restitution and community 56 service.S. 5671--A 8 1 (f) The commissioner shall note on the operator's record of any person 2 restricted pursuant to this section that, in addition to any other 3 restrictions, conditions or limitations, such person may operate only a 4 motor vehicle equipped with an ignition interlock device. 5 4. Proof of compliance and recording of condition. (a) Following 6 imposition by the court of the use of an ignition interlock device as a 7 condition plea, sentence, of probation or conditional discharge it shall 8 require the person to provide proof of compliance with this section to 9 the court and the probation department or other monitor where such 10 person is under probation or conditional discharge supervision. A claim 11 by such person that he or she has good cause for not installing an 12 ignition interlock device shall be made to the court at or before 13 sentencing, in writing in the form of a sworn affidavit signed by such 14 person asserting under oath that he or she is not the registered or 15 titled owner of any motor vehicle and will not operate any motor vehicle 16 during the period of restriction, or that such person does not have 17 access to the vehicle operated by such person at the time of the 18 violation of section eleven hundred ninety-two of this article, or that 19 the registered owner of that vehicle or any vehicle registered to such 20 person's household will not give consent for the installation of an 21 interlock device on his or her vehicle. The affidavit shall include a 22 statement regarding whether such person owned any motor vehicle on the 23 date of the underlying violation of section eleven hundred ninety-two of 24 this article and whether ownership of any of those vehicles has been 25 transferred to another party by sale, gift or any other means since the 26 date of said violation. The affidavit shall also include a statement 27 from such person that he or she has not and will not transfer ownership 28 of any vehicle to evade installation of an ignition interlock device, 29 the address of such person's employment, if applicable, and how such 30 person intends to travel to that location during the period of 31 restriction. The person also may include any other facts and circum- 32 stances he or she believes to be relevant to the claim of good cause. 33 The court shall make a finding whether good cause exists on the record 34 and, if good cause shall be found, issue such finding in writing to be 35 filed by such person with the probation department or the ignition 36 interlock monitor, as appropriate. In the event the court denies such 37 person's claim of good cause on the basis of the affidavit filed with 38 the court, such persons shall be given an opportunity to be heard. Such 39 person shall also be permitted to waive the opportunity to be heard, if 40 he or she chooses to do so. If [the] a person shall be ordered to 41 install and maintain an ignition interlock device, and such person fails 42 to provide for such proof of installation, absent a finding by the court 43 of good cause for that failure which is entered in the record, the court 44 may revoke, modify, or terminate the person's sentence of probation or 45 conditional discharge as provided under law. [Good cause may include a46finding that the person is not the owner of a motor vehicle if such47person asserts under oath that such person is not the owner of any motor48vehicle and that he or she will not operate any motor vehicle during the49period of interlock restriction except as may be otherwise authorized50pursuant to law.] "Owner" shall have the same meaning as provided in 51 section one hundred twenty-eight of this chapter. 52 (b) When a court imposes the condition specified in subdivision one of 53 this section, the court shall notify the commissioner in such manner as 54 the commissioner may prescribe, and the commissioner shall note such 55 condition on the operating record of the person subject to such condi- 56 tions.S. 5671--A 9 1 5. Cost, installation and maintenance. (a) The cost of installing and 2 maintaining the ignition interlock device shall be borne by the person 3 subject to such condition unless the court determines such person is 4 financially unable to afford such cost whereupon such cost may be 5 imposed pursuant to a payment plan or waived. In the event of such 6 waiver, the cost of the device shall be borne in accordance with regu- 7 lations issued under paragraph (g) of subdivision one of section eleven 8 hundred ninety-three of this article or pursuant to such other agreement 9 as may be entered into for provision of the device. Such cost shall be 10 considered a fine for the purposes of subdivision five of section 420.10 11 of the criminal procedure law. Such cost shall not replace, but shall 12 instead be in addition to, any fines, surcharges, or other costs imposed 13 pursuant to this chapter or other applicable laws. 14 (b) The installation and service provider of the device shall be 15 responsible for the installation, calibration, and maintenance of such 16 device. 17 (c) Failure to install such device, failure to appear for a service 18 visit or failure to comply with service instructions or circumvention of 19 or tampering with the device, in violation of regulations promulgated by 20 the division of criminal justice services, shall constitute a violation 21 of the conditions of a person's sentence, probation or conditional 22 discharge. 23 § 5. Paragraph (k-1) of subdivision 2 of section 65.10 of the penal 24 law, as amended by chapter 669 of the laws of 2007, is amended to read 25 as follows: 26 (k-1) Install and maintain a functioning ignition interlock device, as 27 that term is defined in section one hundred nineteen-a of the vehicle 28 and traffic law, in any vehicle owned or operated by the defendant [if29the court in its discretion determines that such a condition is neces-30sary to ensure the public safety. The court may require such condition31only where a person has been convicted of a violation of subdivision32two, two-a or three of section eleven hundred ninety-two of the vehicle33and traffic law, or any crime defined by the vehicle and traffic law or34this chapter of which an alcohol-related violation of any provision of35section eleven hundred ninety-two of the vehicle and traffic law is an36essential element]. The offender shall be required to install and oper- 37 ate the ignition interlock device only in accordance with the provisions 38 of paragraphs (g), (h), (i) and (j) of subdivision one of section eleven 39 hundred ninety-three and section eleven hundred ninety-eight of the 40 vehicle and traffic law. 41 § 6. The division of criminal justice services is authorized and 42 directed to compile and publish annually a report on its website of the 43 total number of repeat convictions with respect to violations of section 44 1192 of the vehicle and traffic law for the five years succeeding the 45 effective date of this act, and shall also include the total number of 46 repeat convictions for the five years preceding the effective date in 47 such report. The division is authorized and directed to coordinate with 48 any other agency, authority, department, division, bureau, or political 49 subdivision to compile this information, including without limitation 50 the governor's highway traffic safety committee. 51 § 7. This act shall take effect on the first of November next succeed- 52 ing the date on which it shall have become a law, provided, however, 53 that the amendments to section 1198 of the vehicle and traffic law made 54 by section four of this act shall not affect the repeal of such section 55 and shall be deemed repealed therewith.