S742-2013 - 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): AVELLA, BONACIC, FLANAGAN, LARKIN, LITTLE, NOZZOLIO, RANZENHOFER, SAVINO, STAVISKY / Committee: TRANSPORTATION
Law Section: Vehicle and Traffic Law / Law: Amd S1193, V & T L

S742-2013 Actions

Apr 16, 2013: referred to transportation
Apr 16, 2013: DELIVERED TO ASSEMBLY
Apr 16, 2013: PASSED SENATE
Feb 28, 2013: ADVANCED TO THIRD READING
Feb 27, 2013: 2ND REPORT CAL.
Feb 12, 2013: 1ST REPORT CAL.59
Jan 9, 2013: REFERRED TO TRANSPORTATION

S742-2013 Meetings

Transportation: Feb 12, 2013, Transportation: Feb 28, 2013

S742-2013 Calendars

S742-2013 Votes

VOTE: COMMITTEE VOTE: - Transportation - Feb 12, 2013

Ayes (19): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Smith, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

VOTE: FLOOR VOTE: - Apr 16, 2013

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
Absent (1): Sampson
Excused (1): Hannon

S742-2013 Memo

BILL NUMBER:S742

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.

S742-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                           742
 2013-2014 Regular Sessions
 I N  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

S742-2013: Relates to sanctions for driving while ability impaired while holding a conditional license