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.
LBD11389-02-9
S. 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-
28 sonment set forth in this paragraph, the court shall also sentence such
29 person convicted of, or adjudicated a youthful offender for, a violation
30 of subdivision two, two-a or three of section eleven hundred ninety-two
31 of this article to a period of probation or conditional discharge, as a
32 condition of which it shall order such person to install and maintain,
33 in accordance with the provisions of section eleven hundred ninety-eight
34 of this article, an ignition interlock device in any motor vehicle owned
35 or operated by such person during the term of such probation or condi-
36 tional discharge imposed for such violation of section eleven hundred
37 ninety-two of this article and in no event for a period of less than
38 twelve months; provided, however, that such period of interlock
39 restriction shall terminate upon submission of proof that such person
40 installed and maintained an ignition interlock device for at least six
41 months, unless the court ordered such person to install and maintain a
42 ignition interlock device for a longer period as authorized by this
43 subparagraph and specified in such order. The period of interlock
44 restriction shall commence from the earlier of the date of sentencing,
45 or the date that an ignition interlock device was installed in advance
46 of sentencing. Provided, however, the court may not authorize the opera-
47 tion of a motor vehicle by any person whose license or privilege to
48 operate a motor vehicle has been revoked pursuant to the provisions of
49 this 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 section
S. 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 any
S. 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; or
S. 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, which
S. 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-
3 ate] maintain an ignition interlock device in [any] the vehicle [which
4 he 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 to
31 sentence any person to a period of probation or conditional discharge
32 for the purpose of subjecting such person to the provisions of this
33 section, unless such person would have otherwise been so eligible for a
34 sentence 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-
46 ter] 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 a
46 finding that the person is not the owner of a motor vehicle if such
47 person asserts under oath that such person is not the owner of any motor
48 vehicle and that he or she will not operate any motor vehicle during the
49 period of interlock restriction except as may be otherwise authorized
50 pursuant 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 [if
29 the court in its discretion determines that such a condition is neces-
30 sary to ensure the public safety. The court may require such condition
31 only where a person has been convicted of a violation of subdivision
32 two, two-a or three of section eleven hundred ninety-two of the vehicle
33 and traffic law, or any crime defined by the vehicle and traffic law or
34 this chapter of which an alcohol-related violation of any provision of
35 section eleven hundred ninety-two of the vehicle and traffic law is an
36 essential 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.