Senate Bill S1050

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1050

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sens.  MAZIARZ, ALESI, BONACIC, FLANAGAN, GOLDEN, LANZA,
  LAVALLE, MORAHAN, SALAND, VOLKER -- 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 repeat
  convictions of alcohol and drug-related offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1-a of section 1193 of the vehicle and traffic
law, as added by chapter 691 of the  laws  of  2002,  paragraph  (c)  as
amended by chapter 669 of the laws of 2007 and paragraph (d) as added by
chapter 732 of the laws of 2006, is amended to read as follows:
  1-a. Additional penalties. (a) Except as provided for in paragraph (b)
of  this  subdivision,  a  person who operates a vehicle in violation of
subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred
ninety-two of this article after having been convicted of a violation of
subdivision two [or], three, FOUR, FIVE OR SIX of  such  section  within
the preceding five years shall, in addition to any other penalties which
may be imposed pursuant to subdivision one of this section, be sentenced
to  a  term  of  imprisonment of five days or, as an alternative to such
imprisonment, be required to perform thirty days of service for a public
or not-for-profit corporation, association, institution or agency as set
forth in paragraph (h) of subdivision two of section 65.10 of the  penal
law as a condition of sentencing for such violation. Notwithstanding the
provisions  of  this  paragraph, a sentence of a term of imprisonment of
five days or more pursuant to the provisions of subdivision one of  this
section shall be deemed to be in compliance with this subdivision.
  (b)  A  person  who operates a vehicle in violation of subdivision two
[or], three, FOUR, FIVE OR SIX of section eleven hundred  ninety-two  of
this  article  after having been convicted on two or more occasions of a
violation of any of such subdivisions within the  preceding  five  years
shall,  in addition to any other penalties which may be imposed pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01168-01-9
              

S. 1050                             2

to subdivision one of this section, be sentenced to a term of  imprison-
ment of ten days or, as an alternative to such imprisonment, be required
to  perform  sixty days of service for a public or not-for-profit corpo-
ration, association, institution or agency as set forth in paragraph (h)
of  subdivision  two of section 65.10 of the penal law as a condition of
sentencing for such violation.  Notwithstanding the provisions  of  this
paragraph,  a  sentence  of  a  term of imprisonment of ten days or more
pursuant to the provisions of subdivision one of this section  shall  be
deemed to be in compliance with this subdivision.
  (c)  A  court  sentencing a person pursuant to paragraph (a) or (b) of
this subdivision shall: (i) order the installation of an ignition inter-
lock device approved pursuant to section eleven hundred ninety-eight  of
this  article  in  any  motor vehicle owned or operated by the person so
sentenced. Such devices shall remain  installed  during  any  period  of
license  revocation  required to be imposed pursuant to paragraph (b) of
subdivision two of this section, and, upon the termination of such revo-
cation period, for an additional period  as  determined  by  the  court;
[and] (ii) order that such person receive an assessment of the degree of
their  alcohol  or  substance  abuse  and  dependency  pursuant  to  the
provisions of section eleven hundred  ninety-eight-a  of  this  article.
Where  such  assessment  indicates the need for treatment, such court is
authorized to impose treatment as a condition of  such  sentence  except
that  such  court shall impose treatment as a condition of a sentence of
probation or conditional discharge pursuant to the provisions of  subdi-
vision  three  of section eleven hundred ninety-eight-a of this article.
Any person ordered to install an ignition interlock device  pursuant  to
this  paragraph shall be subject to the provisions of subdivisions four,
five, seven, eight and nine of section eleven  hundred  ninety-eight  of
this article; AND (III) ORDER THAT, DURING ANY PERIOD OF LICENSE REVOCA-
TION REQUIRED TO BE IMPOSED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
OF  THIS  SECTION,  THE REGISTRATION OF EACH MOTOR VEHICLE OWNED BY SUCH
PERSON BE REVOKED; PROVIDED, HOWEVER, THAT THE COURT  MAY  GRANT  RELIEF
FROM  SUCH  REGISTRATION  REVOCATION  IF  AN  INDIVIDUAL, OTHER THAN THE
PERSON SENTENCED, WOULD BE SUBJECTED TO UNDUE HARDSHIP DUE TO SUCH REVO-
CATION.
  (d) Confidentiality of records. The provisions of subdivision  six  of
section eleven hundred ninety-eight-a of this article shall apply to the
records  and content of all assessments and treatment conducted pursuant
to this subdivision.
  S 2. Subparagraph 3 of paragraph (b) of subdivision 2 of section  1193
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
  (3)  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; prior
offense. [One year] TWO YEARS,  where  the  holder  is  convicted  of  a
violation  of  subdivision  two, three, four or four-a of section eleven
hundred ninety-two of this article  committed  within  ten  years  of  a
conviction  for a violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of  this  article.  [Eighteen  months]
FOUR  YEARS, where the holder is convicted of a violation of subdivision
two-a of section eleven hundred ninety-two  of  this  article  committed
within  ten  years  of  a conviction for a violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article; or where the holder is convicted of a violation of subdi-
vision two, three, four or four-a of section eleven  hundred  ninety-two

S. 1050                             3

of  this  article  committed  within  ten  years  of  a conviction for a
violation of subdivision two-a of section eleven hundred  ninety-two  of
this  article.  FOUR YEARS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION
OF  SUBDIVISION  TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO
OF THIS ARTICLE AFTER HAVING BEEN CONVICTED  TWO  OR  MORE  TIMES  OF  A
VIOLATION  OF  SUBDIVISION  TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
  S 3. This act shall take effect immediately, provided that section two
of this act shall take effect on the first of March next succeeding  the
date on which it shall have become a law.