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

                                  6878

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by  M. of A. MALLIOTAKIS, TOBACCO, BURLING, CALHOUN, CROUCH,
  RAIA, GALEF, GABRYSZAK, MARKEY, McKEVITT,  BLANKENBUSH,  M. MILLER  --
  Multi-Sponsored  by  --  M.   of A. BARCLAY, CERETTO, CONTE, MOLINARO,
  THIELE -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  revocation
  of  drivers'  licenses and registrations for driving while intoxicated
  convictions

  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, as added by chapter 732  of
the  laws  of 2006, item (ii) of clause (b) as amended by section 32 and
item (iii) of clause (e) as amended by section 33 of part LL of  chapter
56 of the laws of 2010, is amended to read as follows:
  (12)  Permanent revocation. (a) Notwithstanding any other provision of
this chapter to the contrary, whenever a revocation is  imposed  upon  a
person  for  the  refusal  to  submit to a chemical test pursuant to the
provisions of section eleven hundred  ninety-four  of  this  article  or
conviction  for  any  violation  of section eleven hundred ninety-two of
this article [for which a sentence of imprisonment may be imposed],  and
such  person  has:    (i)  [within  the  previous four years] been twice
convicted of any provisions of section eleven hundred ninety-two of this
article or a violation of the penal law for which a  violation  of  such
section  eleven  hundred ninety-two is an essential element and at least
one such conviction was for a crime, or has twice  been  found  to  have
refused  to submit to a chemical test pursuant to section eleven hundred
ninety-four of  this  article,  or  has  any  combination  of  two  such
convictions  and  findings  of refusal not arising out of the same inci-
dent; or (ii) [within the previous eight years]  been  convicted  [three
times  of  any  provision]  TWO TIMES OF A VIOLATION OF SUBDIVISION TWO,
TWO-A, THREE, FOUR OR FOUR-A of section  eleven  hundred  ninety-two  of
this  article for [which a sentence of imprisonment may be imposed or] a
violation of the penal law for which a violation of such section  eleven
hundred  ninety-two  is  an  essential  element  and  at  least two such

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10168-01-1

A. 6878                             2

convictions were for crimes, or has been found, on three separate  occa-
sions,  to have refused to submit to a chemical test pursuant to section
eleven hundred ninety-four of this article, or has  any  combination  of
such  convictions  and  findings  of refusal not arising out of the same
incident, such revocation shall be permanent.
  (b) The permanent driver's license revocation required by  clause  (a)
of  this subparagraph shall be waived by the commissioner after a period
of [five] TEN years has expired since the imposition of  such  permanent
revocation,  provided  that during such [five-year] TEN-YEAR period such
person has not been found to have refused a chemical  test  pursuant  to
section  eleven  hundred  ninety-four  of this article while operating a
motor vehicle and has not been convicted of a violation of any  subdivi-
sion  of  section  eleven  hundred ninety-two of this article or section
five hundred eleven of this chapter or a violation of the penal law  for
which  a  violation  of  any  subdivision of such section eleven hundred
ninety-two is an essential element and either:
  (i) that such person provides acceptable documentation to the  commis-
sioner  that  such  person  has voluntarily enrolled in and successfully
completed an appropriate rehabilitation program; or
  (ii) that such person is granted a certificate of relief from disabil-
ities or a certificate of good conduct pursuant to article  twenty-three
of the correction law.
  Provided, however, that the commissioner may, on a case by case basis,
refuse  to  restore a license which otherwise would be restored pursuant
to this item, in the interest of the public safety and welfare.
  (c) For revocations imposed pursuant to clause (a)  of  this  subpara-
graph,  the  commissioner  may  adopt  rules  to  permit  conditional or
restricted operation of a motor vehicle  by  any  such  person  after  a
mandatory revocation period of not less than three years subject to such
criteria, terms and conditions as established by the commissioner.
  (d)  Upon  (i)  a finding of refusal after having been convicted three
times [within four years] of a violation of any subdivision  of  section
eleven  hundred ninety-two of this article or of the penal law for which
a violation of any subdivision of such section eleven hundred ninety-two
is an essential element or any combination of three such convictions not
arising out of the same incident [within four years] or (ii) a  [fourth]
THIRD conviction of any subdivision of section eleven hundred ninety-two
of  this  article after having been convicted of any such subdivision of
such section eleven hundred ninety-two or of the penal law for  which  a
violation  of  any  of  such subdivisions of such section eleven hundred
ninety-two is an essential element or  any  combination  of  three  such
convictions  not arising out of the same incident [within four years] or
(iii) a finding of refusal after  having  been  convicted  [four]  THREE
times  [within eight years] of a violation of any subdivision of section
eleven hundred ninety-two of this article or of the penal law for  which
a  violation  of any of such subdivisions of such section eleven hundred
ninety-two is an essential element or any  combination  of  [four]  such
convictions not arising out of the same incident [within eight years] or
(iv)  a  [fifth]  THIRD  conviction of any subdivision of section eleven
hundred ninety-two of this article after having been convicted  of  such
subdivision  or  of  the  penal law for which a violation of any of such
subdivisions of such section eleven hundred ninety-two is  an  essential
element or any combination of [four] such convictions not arising out of
the  same incident [within eight years], such revocation shall be perma-
nent.

A. 6878                             3

  (e) The permanent driver's license revocation required by  clause  (d)
of this subparagraph may be waived by the commissioner after a period of
[eight]  TEN  years  has  expired since the imposition of such permanent
revocation provided:
  (i)  that during such [eight-year] TEN-YEAR period such person has not
been found to have refused a chemical test pursuant  to  section  eleven
hundred  ninety-four of this article while operating a motor vehicle and
has not been convicted of a violation  of  any  subdivision  of  section
eleven hundred ninety-two of this article or section five hundred eleven
of this chapter or a violation of the penal law for which a violation of
any  such  subdivisions  of such section eleven hundred ninety-two is an
essential element; and
  (ii) that such person provides acceptable documentation to the commis-
sioner that such person has voluntarily  enrolled  in  and  successfully
completed an appropriate rehabilitation program; and
  (iii) after such documentation is accepted, that such person is grant-
ed  a  certificate  of relief from disabilities or a certificate of good
conduct pursuant to article twenty-three of the correction law.
  Notwithstanding the provisions of this clause,  nothing  contained  in
this  clause  shall  be  deemed to require the commissioner to restore a
license to an applicant who otherwise has complied with the requirements
of this item, in the interest of the public safety and welfare.
  (f) Nothing contained in this subparagraph shall be deemed to reduce a
license revocation period imposed pursuant to  any  other  provision  of
law.
  S 2. Section 401 of the vehicle and traffic law is amended by adding a
new subdivision 5-b to read as follows:
  5-B.  REVOCATION  AND  DENIAL  OF  REGISTRATION  BASED ON SUSPENDED OR
REVOKED DRIVER'S LICENSE OR PRIVILEGE. THE  REGISTRATION  OF  ANY  MOTOR
VEHICLE  REGISTERED  TO  A  PERSON  WHO  HAS  HAD THEIR DRIVER'S LICENSE
SUSPENDED OR REVOKED AS A RESULT OF A CONVICTION OR CRIMINAL PENALTY FOR
AN OFFENSE AS PURSUANT TO SECTION ELEVEN HUNDRED  NINETY-THREE  OF  THIS
CHAPTER  SHALL  BE  REVOKED  AND  THE NUMBER PLATES OF ANY SUCH VEHICLES
SHALL BE SURRENDERED. IF AT THE TIME OF APPLICATION FOR A  REGISTRATION,
THE  RECORDS OF THE DEPARTMENT INDICATE THAT THE REGISTRANT'S LICENSE OR
PRIVILEGE OF OPERATING A MOTOR VEHICLE IN THIS  STATE  OR  PRIVILEGE  OF
OBTAINING  A LICENSE TO OPERATE SUCH MOTOR VEHICLE ISSUED BY THE COMMIS-
SIONER IS SUSPENDED, REVOKED OR OTHERWISE WITHDRAWN BY THE COMMISSIONER,
THE COMMISSIONER MAY, PURSUANT TO REGULATION,  DENY  SUCH  REGISTRATION.
SUCH  REVOCATION  OR  DENIAL  SHALL ONLY REMAIN IN EFFECT AS LONG AS THE
SUSPENSION, REVOCATION OR WITHDRAWAL OF THE  DRIVER'S  LICENSE  HAS  NOT
BEEN TERMINATED.
  S  3. Section 1193 of the vehicle and traffic law is amended by adding
a new subdivision 3 to read as follows:
  3. REGISTRATION SANCTIONS.  ANY  PERSON  WHO  HAS  HAD  THEIR  LICENSE
SUSPENDED  OR  REVOKED  PURSUANT  TO ANY PROVISION OF SUBDIVISION TWO OF
THIS SECTION SHALL SURRENDER THE CERTIFICATES OF REGISTRATION AND NUMBER
PLATES OF ALL MOTOR VEHICLES WHICH SUCH PERSON HAS  REGISTERED  PURSUANT
TO  ARTICLE  FOURTEEN OF THIS CHAPTER. UPON RECEIPT OF SUCH CERTIFICATES
OF REGISTRATION AND NUMBER PLATES, THE COURT SHALL RETURN  SUCH  TO  THE
COMMISSIONER.  SUCH REVOCATION OF REGISTRATION SHALL REMAIN IN EFFECT AS
LONG AS THE  SUSPENSION,  REVOCATION  OR  WITHDRAWAL  OF  SUCH  DRIVER'S
LICENSE.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.