LBD00443-01-9
A. 2379 2
a vehicle in violation of such subdivision after having been convicted
two or more times of a violation of any subdivision of section eleven
hundred ninety-two of this article within the preceding ten years shall
be guilty of a misdemeanor, and shall be punished by a fine of not less
than [seven hundred fifty] ONE THOUSAND dollars nor more than fifteen
hundred dollars, or by imprisonment of not more than one hundred eighty
days in a penitentiary or county jail or by both such fine and imprison-
ment.
(b) Driving while intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses. (i) A violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than [five] SEVEN hundred
FIFTY dollars nor more than one thousand FIVE HUNDRED dollars, or by
imprisonment in a penitentiary or county jail for not more than one
year, or by both such fine and imprisonment. A violation of paragraph
(a) of subdivision two-a of section eleven hundred ninety-two of this
article shall be a misdemeanor and shall be punishable by a fine of not
less than one thousand dollars nor more than two thousand five hundred
dollars or by imprisonment in a penitentiary or county jail for not more
than one year, or by both such fine and imprisonment.
(ii) In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court shall also sentence such
person convicted of, or adjudicated a youthful offender for, a violation
of subdivision two, two-a or three of section eleven hundred ninety-two
of this article to a term of probation or conditional discharge, as a
condition of which it shall order such person to install and maintain,
in accordance with the provisions of section eleven hundred ninety-eight
of this article, an ignition interlock device in any motor vehicle owned
or operated by such person during the term of such probation or condi-
tional discharge imposed for such violation of section eleven hundred
ninety-two of this article and in no event for a period of less than
twelve months; provided, however, that such period of interlock
restriction shall terminate upon submission of proof that such person
installed and maintained an ignition interlock device for at least six
months, unless the court ordered such person to install and maintain an
ignition interlock device for a longer period as authorized by this
subparagraph and specified in such order. The period of interlock
restriction shall commence from the earlier of the date of sentencing,
or the date that an ignition interlock device was installed in advance
of sentencing. Provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the provisions of
this section.
(c) Felony offenses. (i) A person who operates a vehicle (A) in
violation of subdivision two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four or four-a of such
section or of vehicular assault in the second or first degree, as
defined, respectively, in sections 120.03 and 120.04 and aggravated
vehicular assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in the second or first degree, as defined,
respectively, in sections 125.12 and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a of
A. 2379 3
section eleven hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of not less than one
thousand FIVE HUNDRED dollars nor more than five thousand dollars or by
a period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation of subdivision
two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of not less than two
thousand FIVE HUNDRED dollars nor more than ten thousand dollars or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(ii-a) A person who operates a vehicle in violation of subdivision
two, two-a, three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation of subdivi-
sion two, two-a, three, four or four-a of such section or of vehicular
assault in the second or first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, three or more times within the preceding fifteen years, shall
be guilty of a class D felony, and shall be punished by a fine of not
less than two thousand dollars nor more than ten thousand dollars or by
a period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(iii) In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court shall also sentence such
person convicted of, or adjudicated a youthful offender for, a violation
of subdivision two, two-a or three of section eleven hundred ninety-two
of this article to a period of probation or conditional discharge, as a
condition of which it shall order such person to install and maintain,
in accordance with the provisions of section eleven hundred ninety-eight
of this article, an ignition interlock device in any motor vehicle owned
or operated by such person during the term of such probation or condi-
tional discharge imposed for such violation of section eleven hundred
ninety-two of this article and in no event for a period of less than
twelve months; provided, however, that such period of interlock
restriction shall terminate upon submission of proof that such person
installed and maintained an ignition interlock device for at least six
months, unless the court ordered such person to install and maintain a
ignition interlock device for a longer period as authorized by this
subparagraph and specified in such order. The period of interlock
restriction shall commence from the earlier of the date of sentencing,
or the date that an ignition interlock device was installed in advance
of sentencing. Provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the provisions of
this section.
A. 2379 4
(d) Alcohol or drug related offenses; special vehicles. (1) Except as
provided in subparagraph four of this paragraph, a violation of subdivi-
sion one, two, three, four or four-a of section eleven hundred ninety-
two of this article wherein the violator is operating a taxicab as
defined in section one hundred forty-eight-a of this chapter, or livery
as defined in section one hundred twenty-one-e of this chapter, and such
taxicab or livery is carrying a passenger for compensation, or a truck
with a GVWR of more than eighteen thousand pounds but not more than
twenty-six thousand pounds and which is not a commercial motor vehicle
shall be a misdemeanor punishable by a fine of not less than [five
hundred] ONE THOUSAND dollars nor more than [fifteen] TWO THOUSAND FIVE
hundred dollars or by a period of imprisonment as provided in the penal
law, or by both such fine and imprisonment. A violation of subdivision
two-a of section eleven hundred ninety-two of this article wherein the
violator is operating a taxicab as defined in section one hundred
forty-eight-a of this chapter, or livery as defined in section one
hundred twenty-one-e of this chapter, and such taxicab or livery is
carrying a passenger for compensation, or a truck with a GVWR of more
than eighteen thousand pounds but not more than twenty-six thousand
pounds and which is not a commercial motor vehicle shall be a class E
felony punishable by a fine of not less than one thousand dollars nor
more than five thousand dollars or by a period of imprisonment as
provided in the penal law, or by both such fine and imprisonment.
(1-a) A violation of subdivision one of section eleven hundred nine-
ty-two of this article wherein the violator is operating a school bus as
defined in section one hundred forty-two of this chapter and such school
bus is carrying at least one student passenger shall be a misdemeanor
punishable by a fine of not less than [five hundred] ONE THOUSAND
dollars nor more than [fifteen] TWO THOUSAND FIVE hundred dollars or by
a period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(2) A violation of subdivision five of section eleven hundred ninety-
two of this article shall be a traffic infraction punishable as provided
in paragraph (a) of this subdivision. Except as provided in subparagraph
three or five of this paragraph, a violation of subdivision one, two,
three, four, four-a or six of section eleven hundred ninety-two of this
article wherein the violator is operating a commercial motor vehicle, or
any motor vehicle registered or registerable under schedule F of subdi-
vision seven of section four hundred one of this chapter shall be a
misdemeanor. A violation of subdivision one, two, three, four or four-a
of section eleven hundred ninety-two of this article shall be punishable
by a fine of not less than [five hundred] ONE THOUSAND dollars nor more
than [fifteen] TWO THOUSAND FIVE hundred dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment. A violation of subdivision six of section eleven hundred
ninety-two of this article shall be punishable by a fine of not less
than [five hundred] ONE THOUSAND dollars nor more than [fifteen] TWO
THOUSAND FIVE hundred dollars or by a period of imprisonment not to
exceed one hundred eighty days, or by both such fine and imprisonment. A
person who operates any such vehicle in violation of such subdivision
six after having been convicted of a violation of subdivision one, two,
two-a, three, four, four-a or six of section eleven hundred ninety-two
of this article within the preceding five years shall be punishable by a
fine of not less than TWO THOUSAND five hundred dollars nor more than
[fifteen hundred] FIVE THOUSAND dollars or by a period of imprisonment
as provided in the penal law, or by both such fine and imprisonment. A
A. 2379 5
violation of subdivision two-a of section eleven hundred ninety-two of
this article wherein the violator is operating a commercial motor vehi-
cle, or any motor vehicle registered or registerable under schedule F of
subdivision seven of section four hundred one of this chapter shall be a
class E felony punishable by a fine of not less than one thousand
dollars nor more than five thousand dollars or by a period of imprison-
ment as provided in the penal law, or by both such fine and imprison-
ment.
(3) A violation of subdivision one of section eleven hundred ninety-
two of this article wherein the violator is operating a motor vehicle
with a gross vehicle weight rating of more than eighteen thousand pounds
which contains flammable gas, radioactive materials or explosives shall
be a misdemeanor punishable by a fine of not less than TWO THOUSAND five
hundred dollars nor more than [fifteen hundred] FIVE THOUSAND dollars or
by a period of imprisonment as provided in the penal law, or by both
such fine and imprisonment.
(4) (i) A person who operates a vehicle in violation of subdivision
one, two, two-a, three, four or four-a of section eleven hundred nine-
ty-two of this article and which is punishable as provided in subpara-
graph one, one-a, two or three of this paragraph after having been
convicted of a violation of any such subdivision of section eleven
hundred ninety-two of this article and penalized under subparagraph one,
one-a, two or three of this paragraph within the preceding ten years,
shall be guilty of a class E felony, which shall be punishable by a fine
of not less than [one] TWO thousand FIVE HUNDRED dollars nor more than
[five] TEN thousand dollars, or by a period of imprisonment as provided
in the penal law, or by both such fine and imprisonment. A person who
operates a vehicle in violation of subdivision six of section eleven
hundred ninety-two of this article after having been convicted of two or
more violations of subdivisions one, two, two-a, three, four, four-a or
six of section eleven hundred ninety-two of this article within the
preceding five years, any one of which was a misdemeanor, shall be guil-
ty of a class E felony, which shall be punishable by a fine of not less
than [one] THREE thousand FIVE HUNDRED dollars nor more than [five] TEN
thousand dollars, or by a period of imprisonment as provided in the
penal law, or by both such fine and imprisonment. In addition, any
person sentenced pursuant to this subparagraph shall be subject to the
disqualification provided in subparagraph three of paragraph (e) of
subdivision two of this section.
(ii) A person who operates a vehicle in violation of subdivision one,
two, two-a, three, four or four-a of section eleven hundred ninety-two
of this article and which is punishable as provided in subparagraph one,
one-a, two or three of this paragraph after having been convicted of a
violation of any such subdivision of section eleven hundred ninety-two
of this article and penalized under subparagraph one, one-a, two or
three of this paragraph twice within the preceding ten years, shall be
guilty of a class D felony, which shall be punishable by a fine of not
less than [two] FIVE thousand dollars nor more than ten thousand
dollars, or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment. A person who operates a vehicle in
violation of subdivision six of section eleven hundred ninety-two of
this article after having been convicted of three or more violations of
subdivisions one, two, two-a, three, four, four-a or six of section
eleven hundred ninety-two of this article within the preceding five
years, any one of which was a misdemeanor, shall be guilty of a class D
felony, which shall be punishable by a fine of not less than [two] FIVE
A. 2379 6
thousand dollars nor more than ten thousand dollars, or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment. In addition, any person sentenced pursuant to this subpar-
agraph shall be subject to the disqualification provided in subparagraph
three of paragraph (e) of subdivision two of this section.
(4-a) A violation of subdivision two, three, four or four-a of section
eleven hundred ninety-two of this article wherein the violator is oper-
ating a school bus as defined in section one hundred forty-two of this
chapter and such school bus is carrying at least one student passenger
shall be a class E felony punishable by a fine of not less than [one]
TWO thousand FIVE HUNDRED dollars nor more than [five] TEN thousand
dollars, or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment. A violation of subdivision two-a of
section eleven hundred ninety-two of this article wherein the violator
is operating a school bus as defined in section one hundred forty-two of
this chapter and such school bus is carrying at least one student
passenger shall be a class D felony punishable by a fine of not less
than two thousand dollars nor more than ten thousand dollars, or by a
period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
(5) A violation of subdivision two, three, four or four-a of section
eleven hundred ninety-two of this article wherein the violator is oper-
ating a motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds which contains flammable gas, radioactive mate-
rials or explosives, shall be a class E felony punishable by a fine of
not less than [one] TWO thousand FIVE HUNDRED dollars NOR MORE THAN TEN
THOUSAND DOLLARS and such other penalties as provided for in the penal
law; provided, however, that a conviction for such violation shall not
be considered a predicate felony pursuant to section 70.06 of such law,
or a previous felony conviction pursuant to section 70.10 of such law. A
violation of subdivision two-a of section eleven hundred ninety-two of
this article wherein the violator is operating a motor vehicle with a
gross vehicle weight rating of more than eighteen thousand pounds which
contains flammable gas, radioactive materials or explosives, shall be a
class D felony punishable by a fine of not less than two thousand nor
more than ten thousand dollars and such other penalties as provided for
in the penal law; provided, however, that a conviction for such
violation shall not be considered a predicate felony pursuant to section
70.06 of such law, or a previous felony conviction pursuant to section
70.10 of such law.
(6) The sentences required to be imposed by subparagraph one, one-a,
two, three, four, four-a or five of this paragraph shall be imposed
notwithstanding any contrary provision of this chapter or the penal law.
(7) Nothing contained in this paragraph shall prohibit the imposition
of a charge of any other felony set forth in this or any other provision
of law for any acts arising out of the same incident.
(e) Certain sentences prohibited. Notwithstanding any provisions of
the penal law, no judge or magistrate shall impose a sentence of uncon-
ditional discharge for a violation of any subdivision of section eleven
hundred ninety-two of this article nor shall a judge or magistrate
impose a sentence of conditional discharge, IMPRISONMENT or probation
unless such conditional discharge, IMPRISONMENT or probation is accompa-
nied by a sentence of a fine as provided in this subdivision.
(f) Where the court imposes a sentence for a violation of section
eleven hundred ninety-two of this article, the court may require the
defendant, as a part of or as a condition of such sentence, to attend a
A. 2379 7
single session conducted by a victims impact program. For purposes of
this section, "victims impact program" means a program operated by a
county, a city with a population of one million or more, by a not-for-
profit organization authorized by any such county or city, or a combina-
tion thereof, in which presentations are made concerning the impact of
operating a motor vehicle while under the influence of alcohol or drugs
to one or more persons who have been convicted of such offenses. A
description of any such program shall be filed with the commissioner and
with the coordinator of the special traffic options program for driving
while intoxicated established pursuant to section eleven hundred nine-
ty-seven of this article, and shall be made available to the court upon
request. Nothing contained herein shall be construed to require any
governmental entity to create such a victim impact program.
(g) The office of probation and correctional alternatives shall recom-
mend to the commissioner of the division of criminal justice services
regulations governing the monitoring of compliance by persons ordered to
install and maintain ignition interlock devices to provide standards for
monitoring by departments of probation, and options for monitoring of
compliance by such persons, that counties may adopt as an alternative to
monitoring by a department of probation.
§ 2. Paragraph (b) of subdivision 2 of section 511 of the vehicle and
traffic law, as amended by chapter 607 of the laws of 1993, is amended
to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime under
subparagraph (i) of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred eighty days; or
(iii) where appropriate a sentence of probation as provided in subdivi-
sion six of this section; or (iv) a term of imprisonment as a condition
of a sentence of probation as provided in the penal law and consistent
with this section. When a person is convicted of this crime under
subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine of not less than [five
hundred] ONE THOUSAND dollars nor more than [one] TWO thousand FIVE
HUNDRED dollars; and (ii) a term of imprisonment of not less than seven
days nor more than one hundred eighty days, or (iii) where appropriate a
sentence of probation as provided in subdivision six of this section; or
(iv) a term of imprisonment as a condition of a sentence of probation as
provided in the penal law and consistent with this section.
§ 3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of the laws
of 1990, is amended to read as follows:
(b) Aggravated unlicensed operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five hundred] TWO THOUSAND dollars nor more than five thousand dollars;
and (ii) a term of imprisonment as provided in the penal law, or (iii)
where appropriate and a term of imprisonment is not required by the
penal law, a sentence of probation as provided in subdivision six of
this section, or (iv) a term of imprisonment as a condition of a
sentence of probation as provided in the penal law.
§ 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.