Relates to the revocation or reissuance of licenses.
Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (4): Hassell-Thomps, Montgomery, Parker, Perkins
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to the revocation and the reissuance of licenses; and to repeal subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of such law, relating to permanent revocation
PURPOSE: To assure that persistent impaired drivers are not permitted to continue to drive in New York State
SUMMARY OF PROVISIONS: Section 1 of the bill repeals subparagraph 12 of paragraph b of subdivision 2 of section 1193 of the vehicle and traffic law
Section 2 of the bill amends paragraph c of subdivision 2 of section 1193 of the vehicle and traffic law to create a permanent license revocation after 3 DUIs or 3 refusals to submit to a chemical test or any combination of three refusals and convictions or for two DUIs where physical injury has occurred
Section 3 of the bill amends section 511 of the VTL to remove the reference to the repealed subparagraph 12 of paragraph (b) of subdivision 2 and to replace it with subparagraph 3 of paragraph (c) of subdivision 2.
JUSTIFICATION: This bill amends the VTL to create a true permanent revocation for persistent impaired drivers. Under current law, except for circumstances under which a person has been convicted of two DUIs in which physical injury was involved, DMV may restore driving privileges after five years, no matter how many DUIs a driver has been convicted of.
This sends the wrong message to persistent offenders and to the public at large. The purpose of this bill is to assure that those who, with reckless disregard for the safety of pedestrians and other drivers, continue to drive under the influence after their second DUI conviction are taken off the roads permanently.
LEGISLATIVE HISTORY: 2012: Rules Committee (S.6510A/A.10371)
FISCAL IMPLICATIONS: Not applicable.
EFFECTIVE DATE: 90 days after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 739 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 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 revoca- tion and the reissuance of licenses; and to repeal subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of such law, relating to permanent revocation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law is REPEALED. S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 312 of the laws of 1994, subparagraph 3 as amended by chapter 732 of the laws of 2006, is amended to read as follows: (c) Reissuance of licenses; restrictions. (1) Except as otherwise provided in this paragraph, where a license is revoked pursuant to para- graph (b) of this subdivision, no new license shall be issued after the expiration of the minimum period specified in such paragraph, except in the discretion of the commissioner. (2) Where a license is revoked pursuant to subparagraph two, three or eight of paragraph (b) of this subdivision for a violation of subdivi- sion four of section eleven hundred ninety-two of this article, and where the individual does not have a driver's license or the individ- ual's license was suspended at the time of conviction or youthful offen- der or other juvenile adjudication, the commissioner shall not issue a new license nor restore the former license for a period of six months after such individual would otherwise have become eligible to obtain a new license or to have the former license restored; provided, however, that during such delay period the commissioner may issue a restricted use license pursuant to section five hundred thirty of this chapter.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01424-01-3 S. 739 2
(3) In no event shall a new license be issued where a person has been
[twice]convicted THREE TIMES of a violation of [subdivision three, four or four-a of]section eleven hundred ninety-two of this article or of [driving while intoxicated or of driving while ability is impaired by the use of a drug or of driving while ability is impaired by the combined influence of drugs or of alcohol and any drug or drugs]ANY VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE IS AN ESSENTIAL ELEMENT OR HAS THREE TIMES BEEN FOUND TO HAVE REFUSED TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR HAS ANY COMBI- NATION OF THREE SUCH CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING OUT OF THE SAME INCIDENT, OR HAS BEEN CONVICTED TWICE where physical injury, as defined in section 10.00 of the penal law, has resulted from such offense in each instance. S 3. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 746 of the laws of 2006, is amended to read as follows: (iii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revoca- tion as set forth in subparagraph [twelve]THREE of paragraph [(b)](C) of subdivision two of section eleven hundred ninety-three of this chap- ter. S 4. This act shall take effect on the ninetieth day after it shall have become a law.