NY State Senate Bill 2015-S6029

Senate Bill S6029

2015-2016 Legislative Session

Enacts the "support technology options preventing driving while intoxicated (STOP DWI) act" mandating the installation of alcohol detection devices in motor vehicles

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to transportation
Aug 07, 2015	referred to rules

2015-S6029 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Add §1198-b, V & T L

2015-S6029 (ACTIVE) - Summary

Enacts the "support technology options preventing driving while intoxicated (STOP DWI) act" mandating the installation of alcohol detection devices in motor vehicles.

2015-S6029 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6029

TITLE OF BILL:  An act to amend the vehicle and traffic law, in
relation to enacting the "support technology options preventing
driving while intoxicated (STOP DWI) act" mandating the installation
of alcohol detection devices in motor vehicles

PURPOSE: This bill requires the installation of alcohol detection
devices in all cars sold or registered in New York State which would
prevent the vehicle from being started unless the operator's blood
alcohol concentration (BAC) is within legal limits.

SUMMARY OF PROVISIONS: The vehicle and traffic law is amended by
adding a new section 1198-b, which would require the installation of
alcohol detection devices in all motor vehicles manufactured for use,
sold or registered in this state on or after January 1, 2018.

Defines alcohol detection device as one that measures blood alcohol
concentration by means of tissue spectrometry, electrochemical sensors
or other technology capable of detecting blood alcohol concentration
(BAC) through the skin and is connected to the vehicle's ignition
system to prevent the vehicle from being started without first
determining that the operator's BAC does not exceed the calibrated
setting on such device.  Prohibits circumvention of alcohol detection
devices and establishes penalties for same.

JUSTIFICATION: The dangers of driving with abilities impaired by the
effects of alcohol are well documented and established.
Unfortunately, despite continuing efforts to prevent this behavior via
stricter laws and increased penalties, compliance, and therefore
reduction of the behavior, has proved elusive.

This bill takes a different approach which is significantly more
likely to result in compliance, by effectively preventing the vehicle
from being started in the first place, if the installed alcohol
detection device senses a blood alcohol concentration (BAC) exceeding
the legally permissible threshold. This bill also makes at a crime to
circumvent the device in order to operate the motor vehicle.

This legislation will save lives in greater numbers than is currently
possible under the current approach of penalizing the offender after
the offense (or accident) has taken place and relying on the
deterrence effect. Minimizing the possibility that a legally
intoxicated individual can even start a motor vehicle is a far more
effective strategy in dealing with this public safety issue.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

2015-S6029 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6029

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 7, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the vehicle and traffic law, in relation to enacting the
  "support technology options preventing driving while intoxicated (STOP
  DWI) act" mandating the installation of alcohol detection  devices  in
  motor vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title. This act shall be known and may be  cited  as
the  "support  technology  options  preventing driving while intoxicated
(STOP DWI) act".
  S 2.  The vehicle and traffic law is amended by adding a  new  section
1198-b to read as follows:
  S  1198-B. INSTALLATION OF ALCOHOL DETECTION DEVICES. 1.  DEFINITIONS.
FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "ALCOHOL DETECTION DEVICE" SHALL MEAN  ANY  BLOOD  ALCOHOL  CONCEN-
TRATION (BAC) MEASURING DEVICE WHICH UTILIZES TISSUE SPECTROMETRY, ELEC-
TROCHEMICAL SENSORS OR OTHER TECHNOLOGY CAPABLE OF DETECTING BAC THROUGH
THE  SKIN  WHICH  IS  CONNECTED  TO A MOTOR VEHICLE IGNITION SYSTEM THAT
PREVENTS A MOTOR VEHICLE FROM BEING STARTED  WITHOUT  FIRST  DETERMINING
THAT  THE  OPERATOR'S BAC DOES NOT EXCEED THE CALIBRATED SETTING ON SUCH
DEVICE; AND
  B. "MOTOR VEHICLE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER.
  2. ALCOHOL DETECTION DEVICE.  EVERY NEW MOTOR VEHICLE SOLD AND  REGIS-
TERED  IN  THIS  STATE ON AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN
SHALL BE EQUIPPED WITH A FUNCTIONAL ALCOHOL DETECTION DEVICE.
  3. CIRCUMVENTION OF ALCOHOL  DETECTION  DEVICE.  A.  NO  PERSON  SHALL
REQUEST,  SOLICIT OR ALLOW ANY OTHER PERSON TO TOUCH, START OR OTHERWISE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11807-03-5

S. 6029                             2

OPERATE AN IGNITION SYSTEM EQUIPPED WITH AN ALCOHOL DETECTION DEVICE FOR
THE PURPOSE OF PROVIDING SUCH PERSON WITH AN OPERABLE MOTOR VEHICLE.
  B.  NO  PERSON  SHALL  TAMPER WITH OR CIRCUMVENT AN OTHERWISE OPERABLE
ALCOHOL DETECTION DEVICE.
  C. IN ADDITION TO ANY OTHER PROVISIONS OF LAW, ANY PERSON CONVICTED OF
A VIOLATION OF THIS SUBDIVISION SHALL BE GUILTY OF A CLASS  A  MISDEMEA-
NOR.
  S 3. This act shall take effect immediately; provided that subdivision
3  of  section 1198-b of the vehicle and traffic law as added by section
two of this act shall take effect January 1, 2018.

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