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

                                  10371

                          I N  A S S E M B L Y

                              May 24, 2012
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Transportation

AN  ACT to amend the vehicle and traffic law, in relation to the revoca-
  tion and the reissuance of licenses; and to repeal subparagraph 12  of
  paragraph  (b)  of subdivision 2 of section 1193 of such law, relating
  to permanent revocation

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

  Section  1.  Subparagraph  12  of  paragraph  (b)  of subdivision 2 of
section 1193 of the vehicle and traffic law is REPEALED.
  S 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
traffic law, as amended by chapter 312 of the laws of 1994, subparagraph
3 as amended by chapter 732 of the laws of 2006, is amended to  read  as
follows:
  (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 THREE TIMES of a violation of [subdivision three, four
or four-a of] section eleven hundred ninety-two of this  article  or  of
[driving  while  intoxicated  or of driving while ability is impaired by

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

                                                           LBD14631-08-2

A. 10371                            2

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] ANY
VIOLATION OF THE PENAL LAW FOR  WHICH  A  VIOLATION  OF  SECTION  ELEVEN
HUNDRED  NINETY-TWO OF THIS ARTICLE IS AN ESSENTIAL ELEMENT OR HAS THREE
TIMES BEEN FOUND TO HAVE REFUSED TO SUBMIT TO A CHEMICAL  TEST  PURSUANT
TO SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR HAS ANY COMBI-
NATION OF THREE SUCH CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING OUT
OF THE SAME INCIDENT, OR HAS BEEN CONVICTED TWICE where physical injury,
as  defined  in  section  10.00 of the penal law, has resulted from such
offense in each instance.
  S 3. Subparagraph (iii) of paragraph (a) of subdivision 3  of  section
511  of  the  vehicle  and traffic law, as amended by chapter 746 of the
laws of 2006, is amended to read as follows:
  (iii) commits the offense of  aggravated  unlicensed  operation  of  a
motor  vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while under permanent  revoca-
tion  as set forth in subparagraph [twelve] THREE of paragraph [(b)] (C)
of subdivision two of section eleven hundred ninety-three of this  chap-
ter.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.