S758-2013 Actions

• Feb 12, 2013: REPORTED AND COMMITTED TO FINANCE
• Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S758-2013 Meetings

S758-2013 Votes

S758-2013 Memo

BILL NUMBER:S758

TITLE OF BILL:
An act
to amend the executive law, in relation to an ignition interlock
device

PURPOSE:
Requires the Department of Corrections and Community
Supervision to maintain the responsibility and costs of monitoring
any person released on parole with the mandatory requirement of an
ignition interlock device.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends Subdivision 15-a
of section 259-c of the executive law, as amended by section 38-b of
subpart A of part C of chapter 62 of the laws of 2011, to require the
parole office to maintain the responsibility and costs of monitoring
any person released on parole with the mandatory requirement of
installation of an ignition interlock device on their motor vehicle.

Section 2 of the bill provides for an immediate effective date.

JUSTIFICATION:
Under Chapter 62 of the Laws of 2011, parolees who are
subject to the mandatory installation of an ignition interlock device
when released from state prison are monitored by the county agency.
The monitoring of parolees by county departments is duplicative and
such departments are not equipped to monitor these individuals. The
Department of Corrections and Community Supervision is already
involved in their reentry and thus better suited for the task.

LEGISLATIVE HISTORY:
2012: Passed the Senate (S.5221A/A.7669A)

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

S758-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          758
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  FUSCHILLO,  RANZENHOFER -- read twice and ordered
 printed, and when printed to be committed to the  Committee  on  Crime
 Victims, Crime and Correction
 AN  ACT to amend the executive law, in relation to an ignition interlock
 device
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.  Subdivision 15-a of section 259-c of the executive law, as
 amended by section 38-b of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:

 15-a.  Notwithstanding  any  other provision of law, where a person is
 serving a sentence for a violation of section 120.03, 120.04,  120.04-a,
 125.12,  125.13  or  125.14  of the penal law, or a felony as defined in
 paragraph (c) of subdivision one of section eleven hundred  ninety-three
 of  the vehicle and traffic law, if such person is released on parole or
 conditional release the board shall require as a mandatory condition  of
 such  release, that such person install and maintain, in accordance with
 the provisions of section eleven hundred ninety-eight of the vehicle and
 traffic law, an ignition interlock device in any motor vehicle owned  or
 operated  by  such  person during the term of such parole or conditional
 release for such crime.   THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
 SUPERVISION  SHALL  MAINTAIN  THE RESPONSIBILITY AND COSTS OF MONITORING
 ANY PERSON RELEASED ON PAROLE WITH THE MANDATORY REQUIREMENT OF  INSTAL
 LATION  OF  AN  IGNITION  INTERLOCK  DEVICE ON HIS OR HER MOTOR VEHICLE.
 Provided further, however, the board may  not  otherwise  authorize  the
 operation of a motor vehicle by any person whose license or privilege to
 operate  a  motor vehicle has been revoked pursuant to the provisions of
 the vehicle and traffic law.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01402-01-3

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