Bill Text: NY S06029 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Enacts the "support technology options preventing driving while intoxicated (STOP DWI) act" mandating the installation of alcohol detection devices in motor vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO TRANSPORTATION [S06029 Detail]

Download: New_York-2015-S06029-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6029
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    August 7, 2015
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the vehicle and traffic law, in relation to enacting the
         "support technology options preventing driving while intoxicated (STOP
         DWI) act" mandating the installation of alcohol detection  devices  in
         motor vehicles
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the  "support  technology  options  preventing driving while intoxicated
    3  (STOP DWI) act".
    4    S 2.  The vehicle and traffic law is amended by adding a  new  section
    5  1198-b to read as follows:
    6    S  1198-B. INSTALLATION OF ALCOHOL DETECTION DEVICES. 1.  DEFINITIONS.
    7  FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
    8  ING MEANINGS:
    9    A. "ALCOHOL DETECTION DEVICE" SHALL MEAN  ANY  BLOOD  ALCOHOL  CONCEN-
   10  TRATION (BAC) MEASURING DEVICE WHICH UTILIZES TISSUE SPECTROMETRY, ELEC-
   11  TROCHEMICAL SENSORS OR OTHER TECHNOLOGY CAPABLE OF DETECTING BAC THROUGH
   12  THE  SKIN  WHICH  IS  CONNECTED  TO A MOTOR VEHICLE IGNITION SYSTEM THAT
   13  PREVENTS A MOTOR VEHICLE FROM BEING STARTED  WITHOUT  FIRST  DETERMINING
   14  THAT  THE  OPERATOR'S BAC DOES NOT EXCEED THE CALIBRATED SETTING ON SUCH
   15  DEVICE; AND
   16    B. "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
   17  ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
   18    2. ALCOHOL DETECTION DEVICE.  EVERY NEW MOTOR VEHICLE SOLD AND  REGIS-
   19  TERED  IN  THIS  STATE ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN
   20  SHALL BE EQUIPPED WITH A FUNCTIONAL ALCOHOL DETECTION DEVICE.
   21    3. CIRCUMVENTION OF ALCOHOL  DETECTION  DEVICE.  A.  NO  PERSON  SHALL
   22  REQUEST,  SOLICIT OR ALLOW ANY OTHER PERSON TO TOUCH, START OR OTHERWISE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11807-03-5
       S. 6029                             2
    1  OPERATE AN IGNITION SYSTEM EQUIPPED WITH AN ALCOHOL DETECTION DEVICE FOR
    2  THE PURPOSE OF PROVIDING SUCH PERSON WITH AN OPERABLE MOTOR VEHICLE.
    3    B.  NO  PERSON  SHALL  TAMPER WITH OR CIRCUMVENT AN OTHERWISE OPERABLE
    4  ALCOHOL DETECTION DEVICE.
    5    C. IN ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY PERSON CONVICTED OF
    6  A VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS  A  MISDEMEA-
    7  NOR.
    8    S 3. This act shall take effect immediately; provided that subdivision
    9  3  of  section 1198-b of the vehicle and traffic law as added by section
   10  two of this act shall take effect January 1, 2018.