Amd §§1310 & 1311, CPLR; amd §§1193 & 401, V & T L
Requires forfeiture of vehicles for six months for a second DWI offense and permanent forfeiture and registration denial for the third DWI offense; prohibits the issuance of a new license where there are two DWI convictions where physical injury has resulted from each offense.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4890
SPONSOR: Pretlow TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
seizure of vehicles after driving while intoxicated convictions; and to
amend the vehicle and traffic law, in relation to the revocation of
licenses for driving while intoxicated offenses and the denial of vehi-
cle registration after three driving while intoxicated offenses
PURPOSE OF BILL:
Requires forfeiture of vehicles for 6 months for second. DWI offenses
and permanent forfeiture and registration denial for third DWI offenses.
SUMMARY OF SPECIFIC PROVISIONS:
This bill will amend Section 1320 of the civil practice law and rules by
adding a new subdivision 15 to read as follows: "Intoxication offense"
means a conviction for a violation of subdivisions two or three of
Section 1192 of the vehicle and traffic law. This bill will also amend
Subdivision 1 of section 1311 of the civil practice law and rules' by
adding a new paragraph (c) to read as follows:
(c) An action relating to an intoxication offense, as provided for by
this paragraph. If a defendant has been convicted of his or her second
intoxication offense, any and all vehicles registered to him or her
shall be forfeited for a period of six months. If such vehicle is used
by a member of the defendant's household, the household shall post a
bond of no less than one thousand dollars to be surrendered in the event
that the defendant is to be found driving such vehicle. If a defendant
has been convicted of his or her third intoxication offense, any and all
vehicles registered to him shall be forfeited and notwithstanding the
provisions of section 1349. of this article, such vehicle or vehicles
shall be sold with the proceeds of such sale going to the county of the
jurisdiction's driving while intoxicated. program. This bill would also
amend paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law as added by chapter 47 section 1193 of the laws of 1988 to .
say that, except as otherwise provided, no new license shall be issued
after the expiration of the minimum period except in the discretion of
the commissioner. In no event shall a new license be issued where a
person has been twice convicted of driving while intoxicated or impaired
by drugs where physical injury has resulted from such offenses in each
instance. Lastly, section 401 of the vehicle and traffic law is amended
by adding subdivision 20 to say: no vehicles may be registered by an
individual who has been convicted three times of a violation of subdivi-
sions two and three of section 1192 of this chapter.
JUSTIFICATION:
Although efforts in recent years to deter drunk driving through stiffer
penalties have been successful, we feel that even greater deterrents are
still needed. By threatening repeat DWI offenders with the loss of their
vehicle(s) as well as the loss of their driver's license, an intoxicated
person would think twice about trying to drive. The added financial
stress of having such a large investment as a motor vehicle taken away
from a person is likely to go a long way to keeping them away from
behind the wheel of a vehicle if they are intoxicated.
LEGISLATIVE HISTORY:
2023-2024 A01377 referred to codes
2021-2022 A1597 referred to Codes
2019-2020 A4132 referred to codes
2017/2018 A995 referred to codes
2015/2016 A1702 referred to Codes
2013-14 A4346 referred to codes
2009/2010 A2601 referred to codes New legislation.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that sections
one, two and four of this act shall take effect on the first day of
November next succeeding the date on which it shall have become a law
and shall apply to offenses committed on or after such date.
STATE OF NEW YORK
________________________________________________________________________
4890
2025-2026 Regular Sessions
IN ASSEMBLY
February 10, 2025
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
seizure of vehicles after driving while intoxicated convictions; and
to amend the vehicle and traffic law, in relation to the revocation of
licenses for driving while intoxicated offenses and the denial of
vehicle registration after three driving while intoxicated offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1310 of the civil practice law and rules is amended
2 by adding a new subdivision 15 to read as follows:
3 15. "Intoxication offense" means a conviction for a violation of
4 subdivision two, two-a or three of section eleven hundred ninety-two of
5 the vehicle and traffic law.
6 § 2. Subdivision 1 of section 1311 of the civil practice law and rules
7 is amended by adding a new paragraph (c) to read as follows:
8 (c) Actions relating to intoxication offenses. An action relating to
9 an intoxication offense must be grounded upon a conviction of an intoxi-
10 cated offense, as provided for by this paragraph. If a defendant has
11 been convicted of such defendant's second intoxication offense, any and
12 all vehicles registered to such defendant shall be forfeited for a peri-
13 od of six months. If such vehicle is also used by a member of the
14 defendant's household, the household member shall post a bond of not
15 less than one thousand dollars to be surrendered in the event that the
16 defendant is found to be driving such vehicle. If a defendant has been
17 convicted of such defendant's third intoxication offense, any and all
18 vehicles registered to such defendant shall be forfeited and notwith-
19 standing the provisions of section thirteen hundred forty-nine of this
20 article, such vehicle or vehicles shall be sold with the proceeds of
21 such sale going to the county of jurisdiction's driving while intoxicat-
22 ed program.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07647-01-5
A. 4890 2
1 § 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
2 traffic law, as amended by chapter 312 of the laws of 1994 and subpara-
3 graph 3 as amended by chapter 732 of the laws of 2006, is amended to
4 read as follows:
5 (c) Reissuance of licenses; restrictions. (1) Except as otherwise
6 provided in this paragraph, where a license is revoked pursuant to para-
7 graph (b) of this subdivision, no new license shall be issued after the
8 expiration of the minimum period specified in such paragraph, except in
9 the discretion of the commissioner.
10 (2) Where a license is revoked pursuant to subparagraph two, three or
11 eight of paragraph (b) of this subdivision for a violation of subdivi-
12 sion four of section eleven hundred ninety-two of this article, and
13 where the individual does not have a driver's license or the individ-
14 ual's license was suspended at the time of conviction or youthful offen-
15 der or other juvenile adjudication, the commissioner shall not issue a
16 new license nor restore the former license for a period of six months
17 after such individual would otherwise have become eligible to obtain a
18 new license or to have the former license restored; provided, however,
19 that during such delay period the commissioner may issue a restricted
20 use license pursuant to section five hundred thirty of this chapter.
21 (3) In no event shall a new license be issued where a person has been
22 twice convicted of a violation of subdivision two, two-a, three, four or
23 four-a of section eleven hundred ninety-two of this article or of driv-
24 ing while intoxicated or of driving while ability is impaired by the use
25 of a drug or of driving while ability is impaired by the combined influ-
26 ence of drugs or of alcohol and any drug or drugs where physical injury,
27 as defined in section 10.00 of the penal law, has resulted from such
28 offense in each instance.
29 § 4. Section 401 of the vehicle and traffic law is amended by adding a
30 new subdivision 24 to read as follows:
31 24. Notwithstanding the provisions of this section or any other law,
32 no vehicle may be registered by an individual who has been convicted
33 three times of a violation of subdivision two, two-a, three, four or
34 four-a of section eleven hundred ninety-two of this chapter.
35 § 5. This act shall take effect immediately; provided, however, that
36 sections one, two and four of this act shall take effect on the first of
37 November next succeeding the date on which it shall have become a law
38 and shall apply to offenses committed on or after such date.
