Bill S5216-2013

Relates to the restoration of a driver's license in certain cases

Relates to the restoration of a driver's license in certain cases.

Details

Actions

  • May 30, 2013: referred to transportation
  • May 29, 2013: DELIVERED TO ASSEMBLY
  • May 29, 2013: PASSED SENATE
  • May 23, 2013: ADVANCED TO THIRD READING
  • May 22, 2013: 2ND REPORT CAL.
  • May 21, 2013: 1ST REPORT CAL.690
  • May 14, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - May 21, 2013
Ayes (16): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky
Ayes W/R (2): Ranzenhofer, Gipson

Memo

BILL NUMBER:S5216

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the restoration of a driver's license in certain cases

PURPOSE OF THE BILL: To clarify and mandate that, when a person has been convicted of an alcohol/drug-related driving offense resulting in a license suspension or revocation, such person's driver's license may not be restored by the Department of Motor Vehicles unless and until all conditions of the sentence upon conviction have been completed.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends § 510 (license suspensions and revocations generally) and § 1193 (criminal and administrative penalties for alcohol-related offenses)of the Vehicle and Traffic Law (VTL), by adding mirror provisions that require that no license or privilege to operate a motor vehicle, which has been suspended or revoked for the commission of an alcohol/drug-related driving offense, may be restored unless the offender has demonstrated that he or she has complied with and completed all statutory requirements imposed under Article 31 of the VTL or by the court.

The Commissioner of Motor Vehicles, in consultation with the Office of Court Administration, will promulgate any necessary rules and develop any necessary forms to carry out the relicensing process.

JUSTIFICATION: Over the years, the Legislature has enacted several important provisions aimed at those who commit alcohol/drug-related driving. These provisions are directed at the full range of offenders (from the first offender through the habitual offender), and include such things as attendance at and completion of the drinking-driver program (§ 1196), installation and use of the ignition interlock device (§ 1198), and alcohol or drug assessment and treatment ( 1198-a). Additionally, the sentencing court will impose the mandatory fines and surcharges as well as certain discretionary conditions, such as participation in a Victim's Impact Panel, the payment of restitution, and/or community service.

As the number and scope of these requirements and conditions have grown, it has become increasingly difficult for the Department of Motor Vehicles to determine whether an applicant for relicensing has fulfilled his or her obligations imposed as part of the sentence upon conviction. There are numerous examples of offenders who are relicensed before they have completed their conditions of sentence, making a mockery of the statutory and judicial authorities surrounding the sentence.

This measure would authorize the Commissioner of Motor Vehicles to establish the means by which offenders must demonstrate that they have completed all of the conditions of sentence imposed by law before a license can be restored.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal to none. Once the methodology for demonstrating compliance is established, the burden will be on the offenders to meet those terms.

EFFECTIVE DATE: November 1, provided the promulgation of rules to effectuate this statute could commence immediately upon the bill becoming law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5216 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. FUSCHILLO -- 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 restora- tion of a driver's license in certain cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 510 of the vehicle and traffic law is amended by adding a new subdivision 7-a to read as follows: 7-A. LICENSE RESTORATION. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER, WHEN A PERSON HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR VEHICLE AFTER HAVING CONSUMED ALCOHOL IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT TO A REVOCATION OR SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE PURSUANT TO THIS SECTION OR SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER, THE COMMISSIONER SHALL NOT RESTORE SUCH LICENSE OR PRIVILEGE UNLESS SUCH PERSON HAS DEMONSTRATED, ON FORMS PRESCRIBED BY THE COMMISSIONER, THAT HE OR SHE HAS COMPLETELY SATISFIED ALL OF THE APPLICABLE REQUIREMENTS IMPOSED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER, AND HAS COMPLIED IN FULL WITH ANY OTHER CONDITIONS OF SENTENC- ING IMPOSED BY THE COURT, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT IN FULL OF ALL FINES AND MANDATORY SURCHARGES. (B) THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN- ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION AND PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS CHAPTER.
S 2. Subdivision 2 of section 1193 of the vehicle and traffic law is amended by adding a new paragraph (g) to read as follows: (G) LICENSE RESTORATION. (1) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS CHAPTER, WHEN A PERSON HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR VEHICLE AFTER HAVING CONSUMED ALCOHOL IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT TO A REVOCATION OR SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS STATE PURSUANT TO THIS SECTION OR SECTION FIVE HUNDRED TEN OF THIS CHAPTER, THE COMMISSIONER SHALL NOT RESTORE SUCH LICENSE OR PRIVILEGE UNLESS SUCH PERSON HAS DEMONSTRATED, ON FORMS PRESCRIBED BY THE COMMIS- SIONER, THAT HE OR SHE HAS COMPLETELY SATISFIED ALL OF THE APPLICABLE REQUIREMENTS IMPOSED PURSUANT TO ARTICLE THIRTY-ONE OF THIS CHAPTER AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER, AND HAS COMPLIED IN FULL WITH ANY OTHER CONDITIONS OF SENTENCING IMPOSED BY THE COURT, INCLUDING, BUT NOT LIMITED TO, THE PAYMENT IN FULL OF ALL FINES AND MANDATORY SURCHARGES. (2) THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN- ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION AND SUBDIVISION SEVEN-A OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER. S 3. This act shall take effect immediately.

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