S526-2011 - NY Senate Open Legislation - 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.

Sponsor: FUSCHILLO / Co-sponsor(s): LITTLE, AVELLA, DIAZ, LARKIN, STAVISKY
Law Section: Vehicle and Traffic Law / Law: Amd S1193, V & T L

S526-2011 Actions

Mar 12, 2012: referred to transportation
Mar 12, 2012: DELIVERED TO ASSEMBLY
Mar 12, 2012: PASSED SENATE
Feb 6, 2012: ADVANCED TO THIRD READING
Jan 31, 2012: 2ND REPORT CAL.
Jan 30, 2012: 1ST REPORT CAL.135
Jan 4, 2012: REFERRED TO TRANSPORTATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
May 3, 2011: referred to transportation
May 3, 2011: DELIVERED TO ASSEMBLY
May 3, 2011: PASSED SENATE
Apr 11, 2011: AMENDED ON THIRD READING 526A
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

S526-2011 Meetings

Transportation: Jan 19, 2011, Codes: Jan 25, 2011

S526-2011 Calendars

S526-2011 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

VOTE: FLOOR VOTE: - May 3, 2011

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Oppenheimer, Smith

VOTE: COMMITTEE VOTE: - Transportation - Jan 30, 2012

Ayes (19): Fuschillo, Johnson, Larkin, Maziarz, McDonald, Nozzolio, Ranzenhofer, Robach, Young, Zeldin, Dilan, Adams, Diaz, Kennedy, Perkins, Smith, Squadron, Stavisky, Valesky

VOTE: FLOOR VOTE: - Mar 12, 2012

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (1): Oppenheimer

S526-2011 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.

S526-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                           526
 2011-2012 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00094-01-1
        S. 526                              2
 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.

S526-2011: Relates to sanctions for driving while ability impaired while holding a conditional license