Bill Text: NY S06625 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for the establishment of standards for the permanent revocation of a license or operating privileges for persistent vehicle and traffic law offenders.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-02-19 - REFERRED TO TRANSPORTATION [S06625 Detail]

Download: New_York-2013-S06625-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6625
                                   I N  S E N A T E
                                   February 19, 2014
                                      ___________
       Introduced by Sens. FARLEY, MARCHIONE -- 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 estab-
         lishment of standards for the permanent revocation  of  a  license  or
         operating privileges for persistent vehicle and traffic law offenders
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 510 of the vehicle and traffic law  is  amended  by
    2  adding a new subdivision 12 to read as follows:
    3    12.  A.  THE  COMMISSIONER  SHALL ESTABLISH BY RULE, STANDARDS FOR THE
    4  PERMANENT REVOCATION OF DRIVING PRIVILEGES FOR OPERATORS WHO  HAVE  BEEN
    5  DEEMED TO HAVE ACCUMULATED AN UNACCEPTABLE NUMBER OF SERIOUS MOTOR VEHI-
    6  CLE OFFENSES WITHIN ESTABLISHED TIME FRAMES WHICH SHALL BE CALCULATED IN
    7  INCREMENTS  OF NOT LESS THAN FIVE YEARS. THE TERM "SERIOUS MOTOR VEHICLE
    8  OFFENSE" SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
    9    (I) A CONVICTION FOR VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OR
   10  SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER AND ANY VIOLATION OF
   11  ARTICLE THIRTY-ONE OF THIS CHAPTER FOR WHICH REVOCATION OR SUSPENSION OF
   12  A LICENSE OR OPERATING PRIVILEGES IS  MANDATORY,  INCLUDING  FAILURE  TO
   13  SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR
   14  OF THIS CHAPTER;
   15    (II)  A  CONVICTION  FOR A FELONY, CLASS A OR UNCLASSIFIED MISDEMEANOR
   16  SET FORTH IN THIS CHAPTER INVOLVING THE OPERATION OF  A  MOTOR  VEHICLE,
   17  EXCEPT  FOR  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION FIVE HUNDRED
   18  ELEVEN OF THIS ARTICLE;
   19    (III) A CONVICTION FOR A VIOLATION OF SECTION FIVE HUNDRED ELEVEN-D OF
   20  THIS ARTICLE;
   21    (IV) CONVICTION OF ANY VIOLATION FOR WHICH REVOCATION OR SUSPENSION OF
   22  A LICENSE OR DRIVING PRIVILEGES IS MANDATORY PURSUANT TO THIS CHAPTER;
   23    (V) CONVICTION FOR A VIOLATION OF ANY PROVISION OF ARTICLE ONE HUNDRED
   24  TWENTY OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW INVOLVING THE
   25  OPERATION OF A MOTOR VEHICLE; AND
   26    (VI) ANY OTHER VIOLATION DESIGNATED BY THE COMMISSIONER TO BE A  SERI-
   27  OUS MOTOR VEHICLE OFFENSE, PURSUANT TO ADOPTION BY RULE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07897-03-4
       S. 6625                             2
    1    B.  THE RULE FOR ADOPTION OF THE STANDARDS SET FORTH IN PARAGRAPH A OF
    2  THIS SUBDIVISION SHALL INCLUDE  THE  ESTABLISHMENT  OF  CRITERIA  FOR  A
    3  SINGLE  OPPORTUNITY FOR RESTORATION OF A RESTRICTED LICENSE OR OPERATING
    4  PRIVILEGES AFTER A PERIOD OF NOT LESS THAN FIVE YEARS FROM THE  DATE  OF
    5  THE  IMPOSITION  OF A PERMANENT REVOCATION AND FULL OPERATING PRIVILEGES
    6  AFTER A PERIOD OF NOT LESS THAN TEN YEARS. SUCH CRITERIA SHALL, AT MINI-
    7  MUM, REQUIRE THE ABSENCE OF: (I) ANY VIOLATION OF ARTICLE THIRTY-ONE  OF
    8  THIS CHAPTER, INCLUDING FAILURE TO SUBMIT TO A CHEMICAL TEST PURSUANT TO
    9  SECTION  ELEVEN  HUNDRED NINETY-FOUR OF THIS CHAPTER; (II) ANY VIOLATION
   10  OF SECTION FIVE HUNDRED ELEVEN OF THIS ARTICLE; (III) ANY  VIOLATION  OF
   11  ARTICLE  ONE  HUNDRED  TWENTY  OR ARTICLE ONE HUNDRED TWENTY-FIVE OF THE
   12  PENAL LAW INVOLVING THE OPERATION  OF  A  MOTOR  VEHICLE;  OR  (IV)  ANY
   13  VIOLATION OF THIS CHAPTER RESULTING IN PERSONAL INJURY TO A THIRD PARTY;
   14  AND  SHALL CONSIDER FAIRNESS, REHABILITATIVE EFFORT AND PUBLIC SAFETY IN
   15  THE ESTABLISHMENT OF SUCH CRITERIA. IN ADDITION TO THE REQUIREMENTS  SET
   16  FORTH  IN  THIS  PARAGRAPH, ANY SUCH RULE SHALL NOT BE INCONSISTENT WITH
   17  THE PROVISIONS OF CLAUSE (B) OF SUBPARAGRAPH TWELVE OF PARAGRAPH (B)  OF
   18  SUBDIVISION  TWO  OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER
   19  RELATED TO PERMANENT REVOCATION FOR MULTIPLE ALCOHOL-RELATED OFFENSES.
   20    S 2. Subparagraph (iii) of paragraph (a) of subdivision 3  of  section
   21  511  of  the  vehicle  and traffic law, as amended by chapter 169 of the
   22  laws of 2013, is amended to read as follows:
   23    (iii) commits the offense of  aggravated  unlicensed  operation  of  a
   24  motor  vehicle in the third degree as defined in subdivision one of this
   25  section; and is operating a motor vehicle while under permanent  revoca-
   26  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
   27  two  of  section eleven hundred ninety-three of this chapter OR PURSUANT
   28  TO RULE OF THE COMMISSIONER  AS  AUTHORIZED  BY  SUBDIVISION  TWELVE  OF
   29  SECTION FIVE HUNDRED TEN OF THIS ARTICLE; or
   30    S 3. This act shall take effect immediately.