Relates to the circumvention of an ignition interlock device, making the designation and classification of offense for circumventing an interlock device match the underlying offense which required the installation of such device, such offenses shall remain a class A misdemeanor for those that circumvent such device but have no underlying conviction.
STATE OF NEW YORK
________________________________________________________________________
1205
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
___________
Introduced by Sen. RITCHIE -- 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 circum-
vention of an ignition interlock device
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (e) of subdivision 9 of section 1198 of the vehi-
2 cle and traffic law, as amended by chapter 496 of the laws of 2009, is
3 amended to read as follows:
4 (e) In addition to any other provisions of law, any person convicted
5 of a violation of paragraph (a), [(b),] (c), or (d) of this subdivision
6 shall be guilty of [a Class A misdemeanor] an offense of the same desig-
7 nation and classification as the offense for which the installation of
8 such ignition interlock device was ordered, provided, however, if such
9 offense was a felony then the felony classification of the violation
10 pursuant to this paragraph shall be at the discretion of the presiding
11 judge based upon any aggravating factors such judge deems relevant. In
12 addition to any other provisions of law, any person convicted of a
13 violation of paragraph (b) or (c) of this subdivision who has no under-
14 lying conviction which led to the installation of an ignition interlock
15 device shall be guilty of a class A misdemeanor.
16 § 2. This act shall take effect on the thirtieth day after it shall
17 have become a law; provided, that the amendments to section 1198 of the
18 vehicle and traffic law made by section one of this act shall not affect
19 the repeal of such section and shall be deemed repealed therewith.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05222-01-9
