S739-2013 Actions

• Jan 9, 2013: REFERRED TO TRANSPORTATION

S739-2013 Meetings

S739-2013 Memo

BILL NUMBER:S739

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reference to the repealed subparagraph 12 of paragraph (b) of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.

S739-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          739
 2013-2014 Regular Sessions
 I N  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.

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