Relates to sanctions for driving while ability impaired while holding a conditional license.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Hannon, Sampson
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.
Section 2. Effective date
JUSTIFICATION: Currently 30 days following an 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: 2011-12: Passed the Senate (S.526A/A.850A) 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.
STATE OF NEW YORK ________________________________________________________________________ 742 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. FUSCHILLO, BONACIC, FLANAGAN, LARKIN, LITTLE, RANZENHOFER -- 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 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. Clause d 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, is 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. S 2. This act shall take effect one year after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01315-01-3