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A02285 Summary:

A02285 Actions:

A02285 Floor Votes:

A02285 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2285--A
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M.  of A. WEISENBERG, ROBERTS, STEVENSON, GUNTHER, McDO-
          NOUGH,  RAIA,  TITUS,  SWEENEY,  SALADINO,  McKEVITT,  PERRY,  JAFFEE,
          COLTON,  SCHIMEL, HOOPER, GALEF, JORDAN -- Multi-Sponsored by -- M. of
          A. BRENNAN, CERETTO, CURRAN, FINCH,  MALLIOTAKIS,  McLAUGHLIN,  ROSEN-

          THAL, THIELE -- read once and referred to the Committee on Transporta-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic  law,  in  relation  to  driving
          while intoxicated and ignition interlock devices
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  3  of
     2  section 511 of the vehicle and traffic law, as amended by chapter 746 of
     3  the  laws  of  2006,  is amended and a new subparagraph (iv) is added to
     4  read as follows:
     5    (iii) commits the offense of  aggravated  unlicensed  operation  of  a
     6  motor  vehicle in the third degree as defined in subdivision one of this

     7  section; and is operating a motor vehicle while under permanent  revoca-
     8  tion as set forth in subparagraph twelve of paragraph (b) of subdivision
     9  two of section eleven hundred ninety-three of this chapter[.]; or
    10    (iv)  operates  a  motor vehicle upon a public highway while holding a
    11  conditional license issued pursuant  to  paragraph  (a)  of  subdivision
    12  seven  of  section eleven hundred ninety-six of this chapter while under
    13  the influence of alcohol or a drug in violation of subdivision one, two,
    14  two-a, three, four, four-a or five of section eleven hundred  ninety-two
    15  of this chapter.
    16    §  2.  Paragraphs  (b) and (c) of subdivision 1 of section 1193 of the
    17  vehicle and traffic law, as amended by chapter 496 of the laws of  2009,
    18  are amended to read as follows:

    19    (b)  Driving  while  intoxicated or while ability impaired by drugs or
    20  while ability impaired by the combined influence of drugs or of  alcohol
    21  and any drug or drugs; aggravated driving while intoxicated; misdemeanor
    22  offenses.  (i)  A violation of subdivision two, three, four or four-a of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01426-07-3
        A. 2285--A                          2
 
     1  section eleven hundred ninety-two of this article shall be a misdemeanor
     2  and shall be punishable by a fine of not less than five hundred  dollars
     3  nor more than one thousand dollars, or by imprisonment in a penitentiary
     4  or  county  jail  for  not  more than one year, or by both such fine and

     5  imprisonment. A violation of  paragraph  (a)  of  subdivision  two-a  of
     6  section eleven hundred ninety-two of this article shall be a misdemeanor
     7  and  shall be punishable by a fine of not less than one thousand dollars
     8  nor more than two thousand five hundred dollars or by imprisonment in  a
     9  penitentiary  or county jail for not more than one year, or by both such
    10  fine and imprisonment.
    11    (ii) In addition to the imposition of any fine or period of  imprison-
    12  ment  set  forth  in  this paragraph, the court shall also sentence such
    13  person convicted of, or adjudicated a youthful offender for, a violation
    14  of subdivision two, two-a or three of section eleven hundred  ninety-two
    15  of  this  article  to  a  [period]  term  of  probation  or  conditional
    16  discharge, as a condition of which it shall order such person to install

    17  and maintain, in  accordance  with  the  provisions  of  section  eleven
    18  hundred  ninety-eight  of  this article, an ignition interlock device in
    19  any motor vehicle owned or operated by such person during  the  term  of
    20  such  probation  or  conditional discharge imposed for such violation of
    21  section eleven hundred ninety-two of this article and in no event for  a
    22  period  of  less  than [six] twelve months; provided, however, that such
    23  period of interlock restriction shall terminate upon submission of proof
    24  that such person installed and maintained an ignition  interlock  device
    25  for at least six months, unless the court ordered such person to install
    26  and maintain an ignition interlock device for a longer period as author-

    27  ized  by  this  subparagraph and specified in such order.  The period of
    28  interlock restriction shall commence from the earlier  of  the  date  of
    29  sentencing,  or the date that an ignition interlock device was installed
    30  in advance of sentencing. Provided, however, the court may not authorize
    31  the operation of a motor vehicle by any person whose license  or  privi-
    32  lege  to  operate  a  motor  vehicle  has  been  revoked pursuant to the
    33  provisions of this section.
    34    (c) Felony offenses. (i) A  person  who  operates  a  vehicle  (A)  in
    35  violation  of  subdivision  two, two-a, three, four or four-a of section
    36  eleven hundred ninety-two of this article after having been convicted of
    37  a violation of subdivision two, two-a, three, four  or  four-a  of  such
    38  section  or  of  vehicular  assault  in  the  second or first degree, as

    39  defined, respectively, in sections  120.03  and  120.04  and  aggravated
    40  vehicular  assault as defined in section 120.04-a of the penal law or of
    41  vehicular manslaughter in  the  second  or  first  degree,  as  defined,
    42  respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
    43  homicide as defined in section 125.14 of such law, within the  preceding
    44  ten  years, or (B) in violation of paragraph (b) of subdivision two-a of
    45  section eleven hundred ninety-two of this article shall be guilty  of  a
    46  class  E  felony,  and  shall be punished by a fine of not less than one
    47  thousand dollars nor more than five thousand dollars or by a  period  of
    48  imprisonment  as  provided  in  the  penal law, or by both such fine and
    49  imprisonment.
    50    (ii) A person who operates a vehicle in violation of subdivision  two,
    51  two-a,  three,  four  or  four-a of section eleven hundred ninety-two of

    52  this article after having been convicted of a violation  of  subdivision
    53  two,  two-a,  three,  four  or  four-a  of  such section or of vehicular
    54  assault in the second or first  degree,  as  defined,  respectively,  in
    55  sections  120.03  and 120.04 and aggravated vehicular assault as defined
    56  in section 120.04-a of the penal law or of vehicular manslaughter in the
        A. 2285--A                          3
 
     1  second or first degree, as defined, respectively, in sections 125.12 and
     2  125.13 and aggravated vehicular homicide as defined in section 125.14 of
     3  such law, twice within the preceding ten years, shall  be  guilty  of  a
     4  class  D  felony,  and  shall be punished by a fine of not less than two
     5  thousand dollars nor more than ten thousand dollars or by  a  period  of
     6  imprisonment  as  provided  in  the  penal law, or by both such fine and
     7  imprisonment.

     8    (iii) In addition to the imposition of any fine or period of imprison-
     9  ment set forth in this paragraph, the court  shall  also  sentence  such
    10  person convicted of, or adjudicated a youthful offender for, a violation
    11  of  subdivision two, two-a or three of section eleven hundred ninety-two
    12  of this article to a period of probation or conditional discharge, as  a
    13  condition  of  which it shall order such person to install and maintain,
    14  in accordance with the provisions of section eleven hundred ninety-eight
    15  of this article, an ignition interlock device in any motor vehicle owned
    16  or operated by such person during the term of such probation  or  condi-
    17  tional  discharge  imposed  for such violation of section eleven hundred
    18  ninety-two of this article and in no event for a  period  of  less  than

    19  [six]  twelve  months;  provided, however, that such period of interlock
    20  restriction shall terminate upon submission of proof  that  such  person
    21  installed  and  maintained an ignition interlock device for at least six
    22  months, unless the court ordered such person to install and  maintain  a
    23  ignition  interlock  device  for  a  longer period as authorized by this
    24  subparagraph and specified in such  order.    The  period  of  interlock
    25  restriction  shall  commence from the earlier of the date of sentencing,
    26  or the date that an ignition interlock device was installed  in  advance
    27  of sentencing. Provided, however, the court may not authorize the opera-
    28  tion  of  a  motor  vehicle  by any person whose license or privilege to

    29  operate a motor vehicle has been revoked pursuant to the  provisions  of
    30  this section.
    31    § 3. Paragraph (a) of subdivision 4 of section 1198 of the vehicle and
    32  traffic  law,  as amended by chapter 496 of the laws of 2009, is amended
    33  to read as follows:
    34    (a) Following imposition by the court of the use of an ignition inter-
    35  lock device as a condition of  probation  or  conditional  discharge  it
    36  shall  require  the  person  to  provide  proof  of compliance with this
    37  section to the court and the probation department or other monitor where
    38  such person is under probation or conditional discharge supervision.  If
    39  the  person  fails  to  provide for such proof of installation, absent a
    40  finding by the court of good cause for that failure which is entered  in
    41  the  record,  the  court  may  revoke, modify, or terminate the person's

    42  sentence of probation or conditional discharge as  provided  under  law.
    43  Good  cause  may include a finding that the person is not the owner of a
    44  motor vehicle if such person asserts under oath that such person is  not
    45  the  owner  of any motor vehicle and that he or she will not operate any
    46  motor vehicle during the period of interlock restriction except  as  may
    47  be  otherwise  authorized  pursuant  to law. "Owner" shall have the same
    48  meaning as provided in section one hundred twenty-eight of this chapter.
    49    § 4. This act shall take effect on the first of November next succeed-
    50  ing the date on which it shall have become a  law  and  shall  apply  to
    51  violations committed on and after such date; provided, however, that the
    52  amendments  to  paragraph  (a)  of  subdivision 4 of section 1198 of the

    53  vehicle and traffic law made by section three  of  this  act  shall  not
    54  affect  the  repeal  of such section and shall be deemed repealed there-
    55  with.