Relates to revocation of driver's licenses and registrations for multiple driving while intoxicated convictions; automatic 10 year license revocation for 3rd offense.
STATE OF NEW YORK
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S. 2807 A. 4039
2015-2016 Regular Sessions
SENATE - ASSEMBLY
January 29, 2015
___________
IN SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion
IN ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS, CROUCH, RAIA, GALEF,
MARKEY, McKEVITT, BLANKENBUSH, MILLER, JOHNS, FINCH, CURRAN -- Multi-
Sponsored by -- M. of A. BARCLAY, CERETTO, THIELE -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to revocation
of drivers' licenses and registrations for driving while intoxicated
convictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 12 of paragraph (b) of subdivision 2 of
2 section 1193 of the vehicle and traffic law, as added by chapter 732 of
3 the laws of 2006, item (ii) of clause (b) as amended by section 32 and
4 item (iii) of clause (e) as amended by section 33 of part LL of chapter
5 56 of the laws of 2010, is amended to read as follows:
6 (12) Permanent revocation. (a) Notwithstanding any other provision of
7 this chapter to the contrary, whenever a revocation is imposed upon a
8 person for the refusal to submit to a chemical test pursuant to the
9 provisions of section eleven hundred ninety-four of this article or
10 conviction for any violation of section eleven hundred ninety-two of
11 this article [for which a sentence of imprisonment may be imposed], and
12 such person has: (i) [within the previous four years] been twice
13 convicted of any provisions of section eleven hundred ninety-two of this
14 article or a violation of the penal law for which a violation of such
15 section eleven hundred ninety-two is an essential element and at least
16 one such conviction was for a crime, or has twice been found to have
17 refused to submit to a chemical test pursuant to section eleven hundred
18 ninety-four of this article, or has any combination of two such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00687-01-5
S. 2807 2 A. 4039
1 convictions and findings of refusal not arising out of the same inci-
2 dent; or (ii) [within the previous eight years] been convicted [three
3 times of any provision] two times of a violation of subdivision two,
4 two-a, three, four or four-a of section eleven hundred ninety-two of
5 this article for [which a sentence of imprisonment may be imposed or] a
6 violation of the penal law for which a violation of such section eleven
7 hundred ninety-two is an essential element and at least two such
8 convictions were for crimes, or has been found, on three separate occa-
9 sions, to have refused to submit to a chemical test pursuant to section
10 eleven hundred ninety-four of this article, or has any combination of
11 such convictions and findings of refusal not arising out of the same
12 incident, such revocation shall be permanent.
13 (b) The permanent driver's license revocation required by clause (a)
14 of this subparagraph shall be waived by the commissioner after a period
15 of [five] ten years has expired since the imposition of such permanent
16 revocation, provided that during such [five-year] ten-year period such
17 person has not been found to have refused a chemical test pursuant to
18 section eleven hundred ninety-four of this article while operating a
19 motor vehicle and has not been convicted of a violation of any subdivi-
20 sion of section eleven hundred ninety-two of this article or section
21 five hundred eleven of this chapter or a violation of the penal law for
22 which a violation of any subdivision of such section eleven hundred
23 ninety-two is an essential element and either:
24 (i) that such person provides acceptable documentation to the commis-
25 sioner that such person has voluntarily enrolled in and successfully
26 completed an appropriate rehabilitation program; or
27 (ii) that such person is granted a certificate of relief from disabil-
28 ities or a certificate of good conduct pursuant to article twenty-three
29 of the correction law.
30 Provided, however, that the commissioner may, on a case by case basis,
31 refuse to restore a license which otherwise would be restored pursuant
32 to this item, in the interest of the public safety and welfare.
33 (c) For revocations imposed pursuant to clause (a) of this subpara-
34 graph, the commissioner may adopt rules to permit conditional or
35 restricted operation of a motor vehicle by any such person after a
36 mandatory revocation period of not less than three years subject to such
37 criteria, terms and conditions as established by the commissioner.
38 (d) Upon (i) a finding of refusal after having been convicted three
39 times [within four years] of a violation of any subdivision of section
40 eleven hundred ninety-two of this article or of the penal law for which
41 a violation of any subdivision of such section eleven hundred ninety-two
42 is an essential element or any combination of three such convictions not
43 arising out of the same incident [within four years] or (ii) a [fourth]
44 third conviction of any subdivision of section eleven hundred ninety-two
45 of this article after having been convicted of any such subdivision of
46 such section eleven hundred ninety-two or of the penal law for which a
47 violation of any of such subdivisions of such section eleven hundred
48 ninety-two is an essential element or any combination of three such
49 convictions not arising out of the same incident [within four years] or
50 (iii) a finding of refusal after having been convicted [four] three
51 times [within eight years] of a violation of any subdivision of section
52 eleven hundred ninety-two of this article or of the penal law for which
53 a violation of any of such subdivisions of such section eleven hundred
54 ninety-two is an essential element or any combination of [four] such
55 convictions not arising out of the same incident [within eight years] or
56 (iv) a [fifth] third conviction of any subdivision of section eleven
S. 2807 3 A. 4039
1 hundred ninety-two of this article after having been convicted of such
2 subdivision or of the penal law for which a violation of any of such
3 subdivisions of such section eleven hundred ninety-two is an essential
4 element or any combination of [four] such convictions not arising out of
5 the same incident [within eight years], such revocation shall be perma-
6 nent.
7 (e) The permanent driver's license revocation required by clause (d)
8 of this subparagraph may be waived by the commissioner after a period of
9 [eight] ten years has expired since the imposition of such permanent
10 revocation provided:
11 (i) that during such [eight-year] ten-year period such person has not
12 been found to have refused a chemical test pursuant to section eleven
13 hundred ninety-four of this article while operating a motor vehicle and
14 has not been convicted of a violation of any subdivision of section
15 eleven hundred ninety-two of this article or section five hundred eleven
16 of this chapter or a violation of the penal law for which a violation of
17 any such subdivisions of such section eleven hundred ninety-two is an
18 essential element; and
19 (ii) that such person provides acceptable documentation to the commis-
20 sioner that such person has voluntarily enrolled in and successfully
21 completed an appropriate rehabilitation program; and
22 (iii) after such documentation is accepted, that such person is grant-
23 ed a certificate of relief from disabilities or a certificate of good
24 conduct pursuant to article twenty-three of the correction law.
25 Notwithstanding the provisions of this clause, nothing contained in
26 this clause shall be deemed to require the commissioner to restore a
27 license to an applicant who otherwise has complied with the requirements
28 of this item, in the interest of the public safety and welfare.
29 (f) Nothing contained in this subparagraph shall be deemed to reduce a
30 license revocation period imposed pursuant to any other provision of
31 law.
32 § 2. Section 401 of the vehicle and traffic law is amended by adding a
33 new subdivision 5-b to read as follows:
34 5-b. Revocation and denial of registration based on suspended or
35 revoked driver's license or privilege. The registration of any motor
36 vehicle registered to a person who has had their driver's license
37 suspended or revoked as a result of a conviction or criminal penalty for
38 an offense as pursuant to section eleven hundred ninety-three of this
39 chapter shall be revoked and the number plates of any such vehicles
40 shall be surrendered. If at the time of application for a registration,
41 the records of the department indicate that the registrant's license or
42 privilege of operating a motor vehicle in this state or privilege of
43 obtaining a license to operate such motor vehicle issued by the commis-
44 sioner is suspended, revoked or otherwise withdrawn by the commissioner,
45 the commissioner may, pursuant to regulation, deny such registration.
46 Such revocation or denial shall only remain in effect as long as the
47 suspension, revocation or withdrawal of the driver's license has not
48 been terminated.
49 § 3. Section 1193 of the vehicle and traffic law is amended by adding
50 a new subdivision 3 to read as follows:
51 3. Registration sanctions. Any person who has had their license
52 suspended or revoked pursuant to any provision of subdivision two of
53 this section shall surrender the certificates of registration and number
54 plates of all motor vehicles which such person has registered pursuant
55 to article fourteen of this chapter. Upon receipt of such certificates
56 of registration and number plates, the court shall return such to the
S. 2807 4 A. 4039
1 commissioner. Such revocation of registration shall remain in effect as
2 long as the suspension, revocation or withdrawal of such driver's
3 license.
4 § 4. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.
