Increases mandatory minimum fines and driver's license revocation periods for second and subsequent alcohol and drug related offenses including provision for a "permanently" probationary license after having one's license permanently revoked.
STATE OF NEW YORK
________________________________________________________________________
3225
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
___________
Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to increasing
fines and license revocation periods for repeat alcohol and drug
related offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (i) of paragraph (c) of subdivision 1 of
2 section 1193 of the vehicle and traffic law, as amended by chapter 169
3 of the laws of 2013, is amended to read as follows:
4 (i) A person who operates a vehicle (A) in violation of subdivision
5 two, two-a, three, four or four-a of section eleven hundred ninety-two
6 of this article after having been convicted of a violation of subdivi-
7 sion two, two-a, three, four or four-a of such section or of vehicular
8 assault in the second or first degree, as defined, respectively, in
9 sections 120.03 and 120.04 and aggravated vehicular assault as defined
10 in section 120.04-a of the penal law or of vehicular manslaughter in the
11 second or first degree, as defined, respectively, in sections 125.12 and
12 125.13 and aggravated vehicular homicide as defined in section 125.14 of
13 such law, within the preceding ten years, or (B) in violation of para-
14 graph (b) of subdivision two-a of section eleven hundred ninety-two of
15 this article shall be guilty of a class E felony, and shall be punished
16 by a fine of not less than [one thousand] two thousand five hundred
17 dollars nor more than five thousand dollars or by a period of imprison-
18 ment as provided in the penal law, or by both such fine and imprison-
19 ment.
20 § 2. Subparagraph 3 of paragraph (b) of subdivision 2 of section 1193
21 of the vehicle and traffic law, as amended by chapter 732 of the laws of
22 2006, is amended to read as follows:
23 (3) Driving while intoxicated or while ability impaired by drugs or
24 while ability impaired by the combined influence of drugs or of alcohol
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04683-01-7
A. 3225 2
1 and any drug or drugs; aggravated driving while intoxicated; prior
2 offense. [One year] Two years, where the holder is convicted of a
3 violation of subdivision two, three, four or four-a of section eleven
4 hundred ninety-two of this article committed within ten years of a
5 conviction for a violation of subdivision two, three, four or four-a of
6 section eleven hundred ninety-two of this article. [Eighteen months,
7 where the holder is convicted of a violation of subdivision two-a of
8 section eleven hundred ninety-two of this article committed within ten
9 years of a conviction for a violation of subdivision two, two-a, three,
10 four or four-a of section eleven hundred ninety-two of this article; or
11 where] Where the holder is convicted of a violation of subdivision two,
12 two-a, three, four or four-a of section eleven hundred ninety-two of
13 this article [committed] after having been convicted two or more times
14 of a violation of subdivision two, two-a, three, four or four-a of
15 section eleven hundred ninety-two of this article within the preceding
16 ten years [of a conviction for a violation of subdivision two-a of
17 section eleven hundred ninety-two of this article], such holder shall be
18 permanently disqualified from operating a motor vehicle.
19 § 3. Subparagraph 3 of paragraph (e) of subdivision 2 of section 1193
20 of the vehicle and traffic law, as amended by chapter 173 of the laws of
21 1990, item (iii) of clause a as amended by section 35 and item (iii) of
22 clause b as amended by section 36 of part LL of chapter 56 of the laws
23 of 2010 and clause b as amended by section 17 of part E of chapter 60 of
24 the laws of 2005, is amended to read as follows:
25 (3) Permanent disqualification from operating certain motor vehicles.
26 a. Any person sentenced pursuant to subparagraph (ii) of paragraph (c)
27 of subdivision one of this section shall be permanently disqualified
28 from operating a motor vehicle. In addition, the commissioner shall not
29 issue such person a license valid for the operation of any vehicle.
30 However, the commissioner may waive such disqualification and prohibi-
31 tion hereinbefore provided after a period of ten years has expired from
32 such sentence and may issue a permanently probationary license provided:
33 (i) that during such ten year period such person has not violated any
34 of the provisions of section eleven hundred ninety-two of this article
35 or any alcohol or drug related traffic offense in this state or in any
36 jurisdiction outside this state;
37 (ii) that such person provides acceptable documentation to the commis-
38 sioner that such person is not in need of alcohol or drug treatment or
39 has satisfactorily completed a prescribed course of such treatment; and
40 (iii) after such documentation is accepted, that such person is grant-
41 ed a certificate of relief from disabilities as provided for in section
42 seven hundred one of the correction law by the court in which such
43 person was last penalized pursuant to paragraph (d) of subdivision one
44 of this section.
45 b. Except as otherwise provided herein, in addition to any revocation
46 set forth in subparagraph four or five of paragraph (b) of this subdivi-
47 sion, any person sentenced pursuant to subparagraph three of paragraph
48 (d) of subdivision one of this section shall be permanently disqualified
49 from operating any vehicle set forth in such paragraph. In addition, the
50 commissioner shall not issue such person a license valid for the opera-
51 tion of any vehicle set forth therein by such person. The commissioner
52 may waive such disqualification and prohibition hereinbefore provided
53 after a period of five years has expired from such sentencing provided:
54 (i) that during such five year period such person has not violated any
55 of the provisions of section eleven hundred ninety-two of this article
A. 3225 3
1 or any alcohol or drug related traffic offense in this state or in any
2 jurisdiction outside this state;
3 (ii) that such person provides acceptable documentation to the commis-
4 sioner that such person is not in need of alcohol or drug treatment or
5 has satisfactorily completed a prescribed course of such treatment; and
6 (iii) after such documentation is accepted, that such person is grant-
7 ed a certificate of relief from disabilities or a certificate of good
8 conduct pursuant to article twenty-three of the correction law.
9 [b] c. Any person who holds a commercial driver's license and is
10 convicted of a violation of any subdivision of section eleven hundred
11 ninety-two of this article who has had a prior finding of refusal to
12 submit to a chemical test pursuant to section eleven hundred ninety-four
13 of this article or has had a prior conviction of any of the following
14 offenses: any violation of section eleven hundred ninety-two of this
15 article; any violation of subdivision one or two of section six hundred
16 of this chapter; or has a prior conviction of any felony involving the
17 use of a motor vehicle pursuant to paragraph (a) of subdivision one of
18 section five hundred ten-a of this chapter, shall be permanently
19 disqualified from operating a commercial motor vehicle. The commissioner
20 may waive such disqualification and prohibition hereinbefore provided
21 after a period of ten years has expired from such sentence provided:
22 (i) that during such ten year period such person has not been found to
23 have refused a chemical test pursuant to section eleven hundred ninety-
24 four of this article while operating a motor vehicle and has not been
25 convicted of any one of the following offenses while operating a motor
26 vehicle: any violation of section eleven hundred ninety-two of this
27 article; any violation of subdivision one or two of section six hundred
28 of this chapter; or has a prior conviction of any felony involving the
29 use of a motor vehicle pursuant to paragraph (a) of subdivision one of
30 section five hundred ten-a of this chapter;
31 (ii) that such person provides acceptable documentation to the commis-
32 sioner that such person is not in need of alcohol or drug treatment or
33 has satisfactorily completed a prescribed course of such treatment; and
34 (iii) after such documentation is accepted, that such person is grant-
35 ed a certificate of relief from disabilities or a certificate of good
36 conduct pursuant to article twenty-three of the correction law.
37 [c] d. Upon a third finding of refusal and/or conviction of any of
38 the offenses which require a permanent commercial driver's license revo-
39 cation, such permanent revocation may not be waived by the commissioner
40 under any circumstances.
41 § 4. This act shall take effect on the first of November next succeed-
42 ing the date on which it shall have become a law.
