This bill has been amended

Bill S526-2011

Relates to sanctions for driving while ability impaired while holding a conditional license

Relates to sanctions for driving while ability impaired while holding a conditional license.

Details

Actions

  • Feb 1, 2011: ADVANCED TO THIRD READING
  • Jan 31, 2011: 2ND REPORT CAL.
  • Jan 25, 2011: 1ST REPORT CAL.20
  • Jan 19, 2011: REPORTED AND COMMITTED TO CODES
  • Jan 5, 2011: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Jan 19, 2011
Ayes (18): Fuschillo, Johnson, Lanza, Larkin, Maziarz, McDonald, Nozzolio, Robach, Young, Zeldin, Dilan, Adams, Addabbo, Kennedy, Perkins, Smith, Squadron, Stavisky
Nays (1): Diaz
VOTE: COMMITTEE VOTE: - Codes - Jan 25, 2011
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (2): Duane, Perkins
Nays (1): Parker

Memo

BILL NUMBER:S526

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to sanctions for driving while ability impaired while holding a conditional license

PURPOSE: Requires judicial discretion for the issuance of a conditional license.

SUMMARY OF PROVISIONS: Section 1. provides for judicial consent at the time of issuance of a conditional license and the use of an ignition interlock as a condition of receiving a hardship license.

Section 2. Effective date

JUSTIFICATION: Currently 30 days following arraignment of a Driving While Intoxicated charge offenders receive a conditional license granting them the privilege to again operate a motor vehicle. The only provision to disqualify a person from receiving a conditional license is if that offender was enrolled in a Drinking Driver Program within the last five years.

On February 22, 2009 Suffolk County Police Officer Glen Ciano was killed after being hit by a vehicle driven by Jose Borbon, who earlier in the year was charged with Driving While Intoxicated. Due to the lackadaisical process in which conditional licenses are issued, Jose Borbon's privilege to operate a motor vehicle was reinstated just 30 days following his original Driving While Intoxicated Charge.

This legislation will require each case be reviewed on a case by case basis to ensure that the licensee does not in fact pose a threat to society by temporally receiving a conditional license.

LEGISLATIVE HISTORY: 2010: Reported to Finance (S.5141A/A.11660) 2009: Referred to Transportation (S.5141A)

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: One year after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 526 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. FUSCHILLO, LITTLE, DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law, in relation to sanctions for driving while ability impaired while holding a conditional license THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clauses d and e of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 251 of the laws of 2007, are amended to read as follows: d. Notwithstanding any contrary provision of this chapter, if any suspension occurring under this subparagraph has been in effect for a period of thirty days, [the holder may be issued] THE DEPARTMENT MAY, WITH THE CONSENT OF THE COURT, ISSUE a conditional license, in accord- ance with section eleven hundred ninety-six of this article, provided the holder of such license is otherwise eligible to receive such condi- tional license. A conditional license issued pursuant to this subpara- graph shall not be valid for the operation of a commercial motor vehi- cle. The commissioner shall prescribe by regulation the procedures for the issuance of such conditional license. e. If the court finds that the suspension imposed pursuant to this subparagraph will result in extreme hardship, the court must issue such suspension, but may grant a hardship privilege, IN CONJUNCTION WITH THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE, which shall be issued on a form prescribed by the commissioner. For the purposes of this clause, "extreme hardship" shall mean the inability to obtain alternative means of travel to or from the licensee's employment, or to or from necessary medical treatment for the licensee or a member of the licensee's house- hold, or if the licensee is a matriculating student enrolled in an accredited school, college or university travel to or from such
licensee's school, college or university if such travel is necessary for the completion of the educational degree or certificate. The burden of proving extreme hardship shall be on the licensee who may present mate- rial and relevant evidence. A finding of extreme hardship may not be based solely upon the testimony of the licensee. In no event shall arraignment be adjourned or otherwise delayed more than three business days solely for the purpose of allowing the licensee to present evidence of extreme hardship. The court shall set forth upon the record, or otherwise set forth in writing, the factual basis for such finding. The hardship privilege shall permit the operation of a vehicle only for travel to or from the licensee's employment, or to or from necessary medical treatment for the licensee or a member of the licensee's house- hold, or if the licensee is a matriculating student enrolled in an accredited school, college or university travel to or from such licensee's school, college or university if such travel is necessary for the completion of the educational degree or certificate. A hardship privilege shall not be valid for the operation of a commercial motor vehicle. A PRE-CONVICTION IGNITION INTERLOCK DEVICE INSTALLED PURSUANT TO THIS CLAUSE SHALL BE INSTALLED AND MAINTAINED IN THE SAME MANNER AS PRESCRIBED IN THIS ARTICLE. S 2. This act shall take effect one year after it shall have become a law; provided, however, that the amendments to clauses d and e of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law made by section one of this act shall not affect the repeal of such subparagraph and shall be deemed repealed therewith.

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