S T A T E   O F   N E W   Y O R K
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                                  2601

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. PRETLOW, FIELDS, BRENNAN, CLARK, GALEF, HOOPER,
  WRIGHT -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  seizure  of  vehicles after driving while intoxicated convictions; and
  to amend the vehicle and traffic law, in relation to the revocation of
  licenses for driving while intoxicated  offenses  and  the  denial  of
  vehicle registration after three driving while intoxicated offenses

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

  Section 1. Section 1310 of the civil practice law and rules is amended
by adding a new subdivision 15 to read as follows:
  15. "INTOXICATION OFFENSE" MEANS  A  CONVICTION  FOR  A  VIOLATION  OF
SUBDIVISION  TWO,  TWO-A  OR  THREE  OF SECTION ONE THOUSAND ONE HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  S 2. Subdivision 1 of section 1311 of the civil practice law and rules
is amended by adding a new paragraph (c) to read as follows:
  (C) AN ACTION RELATING TO AN INTOXICATION  OFFENSE  MUST  BE  GROUNDED
UPON  A  CONVICTION  OF  AN INTOXICATED OFFENSE, AS PROVIDED FOR BY THIS
PARAGRAPH. IF A DEFENDANT HAS BEEN CONVICTED OF HIS OR HER SECOND INTOX-
ICATION OFFENSE, ANY AND ALL VEHICLES REGISTERED TO HIM OR HER SHALL  BE
FORFEITED  FOR A PERIOD OF SIX MONTHS. IF SUCH VEHICLE IS ALSO USED BY A
MEMBER OF THE DEFENDANT'S HOUSEHOLD, THE HOUSEHOLD MEMBER SHALL  POST  A
BOND  OF  NOT  LESS  THAN  ONE THOUSAND DOLLARS TO BE SURRENDERED IN THE
EVENT THAT THE DEFENDANT IS FOUND TO  BE  DRIVING  SUCH  VEHICLE.  IF  A
DEFENDANT  HAS  BEEN CONVICTED OF HIS OR HER THIRD INTOXICATION OFFENSE,
ANY AND ALL VEHICLES REGISTERED TO HIM OR HER  SHALL  BE  FORFEITED  AND
NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION ONE THOUSAND THREE HUNDRED
FORTY-NINE OF THIS ARTICLE, SUCH VEHICLE OR VEHICLES SHALL BE SOLD  WITH
THE  PROCEEDS OF SUCH SALE GOING TO THE COUNTY OF JURISDICTION'S DRIVING
WHILE INTOXICATED PROGRAM.
  S 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by section 1 of chapter 312 of the laws of  1994
and  subparagraph  3  as  amended by chapter 732 of the laws of 2006, is
amended to read as follows:

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05554-01-9

A. 2601                             2

  (c) Reissuance of licenses; restrictions.   (1)  Except  as  otherwise
provided in this paragraph, where a license is revoked pursuant to para-
graph  (b) of this subdivision, no new license shall be issued after the
expiration of the minimum period specified in such paragraph, except  in
the discretion of the commissioner.
  (2)  Where a license is revoked pursuant to subparagraph two, three or
eight of paragraph (b) of this subdivision for a violation  of  subdivi-
sion  four  of  section  eleven  hundred ninety-two of this article, and
where the individual does not have a driver's license  or  the  individ-
ual's license was suspended at the time of conviction or youthful offen-
der  or  other juvenile adjudication, the commissioner shall not issue a
new license nor restore the former license for a period  of  six  months
after  such  individual would otherwise have become eligible to obtain a
new license or to have the former license restored;  provided,  however,
that  during  such  delay period the commissioner may issue a restricted
use license pursuant to section five hundred thirty of this chapter.
  (3) In no event shall a new license be issued where a person has  been
twice convicted of a violation of subdivision TWO, TWO-A, three, four or
four-a  of section eleven hundred ninety-two of this article or of driv-
ing while intoxicated or of driving while ability is impaired by the use
of a drug or of driving while ability is impaired by the combined influ-
ence of drugs or of alcohol and any drug or drugs where physical injury,
as defined in section 10.00 of the penal law,  has  resulted  from  such
offense in each instance.
  S 4. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by section 8 of chapter 732 of the laws of 2006,
is amended to read as follows:
  (c)  Reissuance  of licenses; restrictions. Where a license is revoked
pursuant to paragraph (b) of this subdivision, no new license  shall  be
issued  after  the  expiration  of  the minimum period specified in such
paragraph, except in  the  discretion  of  the  commissioner;  provided,
however,  that  in no event shall a new license be issued where a person
has been twice convicted of  a  violation  of  subdivision  TWO,  TWO-A,
three, four or four-a of section eleven hundred ninety-two of this arti-
cle  or  of  driving  while  intoxicated  or of driving while ability is
impaired by the use of a drug or of driving while ability is impaired by
the combined influence of drugs or of alcohol  and  any  drug  or  drugs
where physical injury, as defined in section 10.00 of the penal law, has
resulted from such offense in each instance.
  S 5. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 22 to read as follows:
  22.  NOTWITHSTANDING  THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW,
NO VEHICLE MAY BE REGISTERED BY AN INDIVIDUAL  WHO  HAS  BEEN  CONVICTED
THREE  TIMES  OF  A VIOLATION OF SUBDIVISIONS TWO, TWO-A, THREE, FOUR OR
FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER.
  S 6. This act shall take effect immediately; provided,  however,  that
sections one, two and five of this act shall take effect on the first of
November  next  succeeding  the date on which it shall have become a law
and shall apply to offenses committed on or after  such  date;  provided
further however, that the amendment to paragraph (c) of subdivision 2 of
section  1193  of  the  vehicle and traffic law made by section three of
this act shall be subject to the expiration and reversion of such  para-
graph  pursuant  to  section  9  of  chapter 533 of the laws of 1993, as
amended, when upon such date the provisions of section four of this  act
shall take effect.