LBD13578-05-2
S. 6636 2
install and maintain, in accordance with the provisions of section elev-
en hundred ninety-eight of this article, an ignition interlock device in
any motor vehicle TITLED, REGISTERED OR OTHERWISE owned or operated by
such person OR, IF SUCH PERSON DOES NOT OWN A MOTOR VEHICLE, IN THE
VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR IN AT LEAST ONE VEHICLE
REGISTERED TO SUCH PERSON'S HOUSEHOLD during the term of such probation
or conditional discharge imposed for such violation of section eleven
hundred ninety-two of this article and in no event for less than six
months. THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE FROM THE DATE
OF SENTENCING OR, IN THE CASE OF A PLEA DISPOSITION, MAY COMMENCE FROM
THE DATE OF INSTALLATION OF AN IGNITION INTERLOCK DEVICE AT A DATE IN
ADVANCE OF SENTENCING. THE IGNITION INTERLOCK DEVICE SHALL BE INSTALLED
FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE COMMENCEMENT DATE. IN THE
EVENT THAT THE COURT MAKES A DETERMINATION OF GOOD CAUSE FOR NOT
INSTALLING AN IGNITION INTERLOCK DEVICE PURSUANT TO SUBDIVISION FOUR OF
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE ON THE BASIS THAT
SUCH PERSON DOES NOT OWN AND WILL NOT OPERATE A MOTOR VEHICLE, THE
IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR THE FULL PERI-
OD OF SUCH PERSON'S CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO ARTI-
CLE SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON
TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN SIX MONTHS. UNDER NO CIRCUMSTANCES SHALL A CONDITIONAL LICENSE BE
ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE BE GRANTED
OR RESTORED UNTIL SUCH PERSON CAN DEMONSTRATE COMPLIANCE WITH EITHER THE
IGNITION INTERLOCK OR TRANSDERMAL ALCOHOL MONITORING PROVISIONS OF THIS
SECTION PURSUANT TO SUBDIVISION NINE OF SECTION FIVE HUNDRED TEN OF THIS
CHAPTER. FOR THE PURPOSES OF OBTAINING A CONDITIONAL LICENSE WHILE UNDER
THE PERIOD OF RESTRICTION, SUCH COMPLIANCE CAN BE DEMONSTRATED BY
PROVIDING PROOF AT THE TIME OF APPLICATION FOR A CONDITIONAL LICENSE OF
THE INSTALLATION OF AN IGNITION INTERLOCK DEVICE TO BE MONITORED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD
OF NO LESS THAN THE FIRST SIX MONTHS AFTER THE CONDITIONAL LICENSE IS
GRANTED. THE PROOF WILL BE PROVIDED TO THE DEPARTMENT IN A FORM
PRESCRIBED BY THE COMMISSIONER. [Provided, however, the] THE court may
not authorize the operation of a motor vehicle by any person whose
license or privilege to operate a motor vehicle has been revoked pursu-
ant 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
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 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
S. 6636 3
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 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 OR PARAGRAPH (B) OF SUBDIVISION
FOUR-A 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 NOT TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION
INTERLOCK DEVICE, NOT TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL
CONCENTRATION ABOVE THE SETPOINT OF THE IGNITION INTERLOCK DEVICE, AND
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 TITLED, REGISTERED OR OTHERWISE owned or
operated by such person OR, IF SUCH PERSON DOES NOT OWN A MOTOR VEHICLE,
IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR IN AT LEAST ONE
VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD during the term of such
probation or conditional discharge imposed for such violation of section
eleven hundred ninety-two of this article and in no event for a period
of less than six months. THE PERIOD OF INTERLOCK RESTRICTION SHALL
COMMENCE FROM THE DATE OF SENTENCING OR IN THE CASE OF A PLEA DISPOSI-
TION, MAY COMMENCE FROM THE DATE OF INSTALLATION OF AN IGNITION INTER-
LOCK DEVICE AT A DATE IN ADVANCE OF SENTENCING. THE IGNITION INTERLOCK
DEVICE SHALL BE INSTALLED FOR NO LESS THAN SIX MONTHS, REGARDLESS OF THE
COMMENCEMENT DATE. IN THE EVENT THAT THE COURT MAKES A DETERMINATION OF
GOOD CAUSE FOR NOT INSTALLING AN IGNITION INTERLOCK DEVICE PURSUANT TO
SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE
ON THE BASIS THAT SUCH PERSON DOES NOT OWN AND WILL NOT OPERATE A MOTOR
VEHICLE, THE IGNITION INTERLOCK RESTRICTION SHALL REMAIN IN EFFECT FOR
THE FULL PERIOD OF SUCH PERSON'S CONDITIONAL DISCHARGE OR PROBATION
PURSUANT TO ARTICLE SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL
SENTENCE SUCH PERSON TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR
A PERIOD OF NOT LESS THAN SIX MONTHS. UNDER NO CIRCUMSTANCES SHALL A
CONDITIONAL LICENSE BE ISSUED, OR A LICENSE OR PRIVILEGE TO OPERATE A
MOTOR VEHICLE BE GRANTED OR RESTORED UNTIL SUCH PERSON CAN DEMONSTRATE
COMPLIANCE WITH EITHER THE IGNITION INTERLOCK OR TRANSDERMAL ALCOHOL
MONITORING PROVISIONS OF THIS SECTION PURSUANT TO SUBDIVISION NINE OF
SECTION FIVE HUNDRED TEN OF THIS CHAPTER. FOR THE PURPOSES OF OBTAINING
A CONDITIONAL LICENSE WHILE UNDER THE PERIOD OF RESTRICTION, SUCH
COMPLIANCE CAN BE DEMONSTRATED BY PROVIDING PROOF AT THE TIME OF APPLI-
CATION FOR A CONDITIONAL LICENSE PROOF OF THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE TO BE MONITORED PURSUANT TO SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE FOR A PERIOD OF NO LESS THAN THE
FIRST SIX MONTHS FROM THE DATE OF ISSUANCE OF THE CONDITIONAL LICENSE.
THE PROOF WILL BE PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
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COMMISSIONER. [Provided, however, the] THE court may not authorize the
operation 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.
S 2. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
traffic law, as amended by section 57 of part A of chapter 56 of the
laws of 2010, is amended to read as follows:
(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
NOT TO OPERATE A MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT
TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION ABOVE THE
SETPOINT OF THE IGNITION INTERLOCK DEVICE AND to install and maintain
ignition interlock devices IN ANY MOTOR VEHICLE TITLED, REGISTERED OR
OTHERWISE OWNED OR OPERATED BY SUCH PERSON, OR IF SUCH PERSON DOES NOT
OWN A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME
OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE,
OR IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR IN
THE ALTERNATIVE TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE, 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.
S 3. Subdivisions 1, 2, 3, 4 and paragraph (a) of subdivision 5 of
section 1198 of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, are amended to read as follows:
1. Applicability. The provisions of this section shall apply through-
out the state to each person required or otherwise ordered by a court as
a condition of probation or conditional discharge NOT TO OPERATE A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE, NOT TO OPERATE A MOTOR
VEHICLE WITH A BLOOD ALCOHOL CONCENTRATION ABOVE THE SETPOINT OF THE
IGNITION INTERLOCK DEVICE AND to install and [operate] MAINTAIN an
ignition interlock device in any vehicle FOR which he or she HAS TITLE,
REGISTRATION, OR OTHERWISE owns or operates, OR IF SUCH PERSON DOES NOT
OWN A MOTOR VEHICLE, IN THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME
OF THE VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE,
OR IN AT LEAST ONE VEHICLE REGISTERED TO SUCH PERSON'S HOUSEHOLD, OR IN
THE ALTERNATIVE ORDERED TO WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE.
2. Requirements. (a) In addition to any other penalties prescribed by
law, the court shall require that any person who has been convicted [of]
OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation of subdivision two,
two-a [or], three OR PARAGRAPH (B) OF SUBDIVISION FOUR-A of section
eleven hundred ninety-two of this article, or any crime defined by this
chapter or the penal law of which an alcohol-related violation of any
provision of section eleven hundred ninety-two of this article is an
essential element, [to] SHALL NOT OPERATE A MOTOR VEHICLE WITHOUT AN
IGNITION INTERLOCK DEVICE, OR WITH A BLOOD ALCOHOL CONCENTRATION ABOVE
THE SETPOINT OF THE IGNITION INTERLOCK DEVICE AND SHALL install and
maintain, as a condition of probation or conditional discharge, a func-
tioning ignition interlock device OR SHALL IN THE ALTERNATIVE WEAR A
TRANSDERMAL ALCOHOL MONITORING DEVICE in accordance with the provisions
of this section and, as applicable, in accordance with the provisions of
subdivisions one and one-a of section eleven hundred ninety-three of
this article; 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 except as provided herein. For
any such individual subject to a sentence of probation, installation and
S. 6636 5
maintenance of such ignition interlock device shall be a condition of
probation.
(b) Nothing contained in this section shall prohibit a court, upon
application by a probation department, from modifying the conditions of
probation of any person convicted of any violation set forth in para-
graph (a) of this subdivision prior to the effective date of this
section, to require the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter be subject
to the provisions of this section.
[(c) Nothing contained in this section shall authorize a court to
sentence any person to a period of probation or conditional discharge
for the purpose of subjecting such person to the provisions of this
section, unless such person would have otherwise been so eligible for a
sentence of probation or conditional discharge.]
3. Conditions. (a) Notwithstanding any other provision of law, the
commissioner may grant a [post-revocation] conditional license[, as set
forth in paragraph (b) of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a or three of section
eleven hundred ninety-two of this article and who has been sentenced to
a period of probation or conditional discharge, provided the person has
satisfied the minimum period of license revocation established by law
and the commissioner has been notified that such person may operate only
a motor vehicle equipped with a functioning ignition interlock device]
IN ACCORDANCE WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-SIX
OF THIS ARTICLE.
(B) No such request shall be made nor shall such a license be granted,
however, if such person has been found by a court to have [committed a]
BEEN CHARGED WITH A violation of section five hundred eleven of this
chapter during the license revocation period, OR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO HAVE ONE
PURSUANT TO THIS SECTION, or deemed by a court to have violated any
condition of probation or conditional discharge set forth by the court
relating to the operation of a motor vehicle or the consumption of alco-
hol. [In exercising discretion relating to the issuance of a post-revo-
cation conditional license pursuant to this subdivision, the commission-
er shall not deny such issuance based solely upon the number of
convictions for violations of any subdivision of section eleven hundred
ninety-two of this article committed by such person within the ten years
prior to application for such license.] IN ORDER FOR THE REQUEST FOR A
CONDITIONAL LICENSE TO BE DENIED ON THE BASIS OF HAVING BEEN CHARGED
WITH THE ENUMERATED VIOLATIONS, THE COURT MUST FIND PRIOR TO THE CONCLU-
SION OF THE PROCEEDINGS FOR ARRAIGNMENT THAT THE ACCUSATORY INSTRUMENT
CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE
LAW AND THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON
VIOLATED THE PROVISIONS OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER
OR OPERATED A MOTOR VEHICLE IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A,
THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTI-
CLE OR OPERATED A MOTOR VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE
WHEN REQUIRED TO HAVE ONE PURSUANT TO THIS SECTION. THE COURT SHALL MAKE
A FINDING AND SET IT FORTH UPON THE RECORD, OR OTHERWISE SET IT FORTH IN
WRITING. THE FINDING SHALL BE FILED WITH THE DEPARTMENT IN A FORM
PRESCRIBED BY THE COMMISSIONER. AT SUCH TIME THE LICENSEE SHALL BE ENTI-
TLED TO AN OPPORTUNITY TO MAKE A STATEMENT REGARDING THE CHARGES AND
ISSUES AND TO PRESENT EVIDENCE TENDING TO REBUT THE COURT'S FINDINGS.
THE LICENSEE MAY PRESENT MATERIAL AND RELEVANT EVIDENCE, HOWEVER, HE OR
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SHE MAY NOT CAUSE THE LAW ENFORCEMENT OFFICERS INVOLVED IN THE UNDERLY-
ING ARREST OR ARRESTS TO BE CALLED TO TESTIFY UNLESS THE LICENSEE FIRST
DEMONSTRATES TO THE SATISFACTION OF THE COURT A GOOD FAITH BASIS TO
BELIEVE SUCH OFFICERS WILL PROVIDE TESTIMONY INCONSISTENT WITH THE
FACTUAL PORTION OF THE ACCUSATORY INSTRUMENT WHICH FORMED THE BASIS OF
THE COURT'S FINDING OF COMPLIANCE WITH SECTION 100.40 OF THE CRIMINAL
PROCEDURE LAW AND THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT THE
HOLDER VIOLATED THE SECTIONS CHARGED. IN NO EVENT SHALL THE ARRAIGNMENT
BE ADJOURNED OR OTHERWISE DELAYED MORE THAN THREE BUSINESS DAYS SOLELY
FOR THE PURPOSE OF ALLOWING THE LICENSEE TO REBUT THE COURT'S FINDING.
Upon the termination of the period of probation or conditional discharge
set by the court, the person may apply to the commissioner for restora-
tion of a license or privilege to operate a motor vehicle in accordance
with this chapter.
[(b) Notwithstanding any inconsistent provision of this chapter, a
post-revocation conditional license granted pursuant to paragraph (a) of
this subdivision shall be valid only for use by the holder thereof, (1)
enroute to and from the holder's place of employment, (2) if the hold-
er's employment requires the operation of a motor vehicle then during
the hours thereof, (3) enroute to and from a class or course at an
accredited school, college or university or at a state approved institu-
tion of vocational or technical training, (4) to and from court ordered
probation activities, (5) to and from a motor vehicle office for the
transaction of business relating to such license, (6) for a three hour
consecutive daytime period, chosen by the department, on a day during
which the participant is not engaged in usual employment or vocation,
(7) enroute to and from a medical examination or treatment as part of a
necessary medical treatment for such participant or member of the
participant's household, as evidenced by a written statement to that
effect from a licensed medical practitioner, (8) enroute to and from a
class or an activity which is an authorized part of the alcohol and drug
rehabilitation program and at which participant's attendance is
required, and (9) enroute to and from a place, including a school, at
which a child or children of the participant are cared for on a regular
basis and which is necessary for the participant to maintain such
participant's employment or enrollment at an accredited school, college
or university or at a state approved institution of vocational or tech-
nical training.]
(c) The [post-revocation] conditional license described in [this
subdivision] SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE, may be
revoked by the commissioner for sufficient cause including but not
limited to, failure to comply with the terms of the condition of
probation or conditional discharge set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing [or conviction of] AND SHALL BE REVOKED BY THE COMMISSIONER WHERE
SUCH PERSON IS FOUND BY THE COURT TO HAVE BEEN CHARGED WITH any alcohol
or drug related offense, misdemeanor or felony, ANY VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, ANY VIOLATION OF SECTION FIVE
HUNDRED ELEVEN OF THIS ARTICLE, OR WITH OPERATING A MOTOR VEHICLE WITH-
OUT AN IGNITION INTERLOCK DEVICE WHEN REQUIRED TO DO SO, or failure to
install or maintain a court ordered ignition interlock device.
(d) [Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge, the installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a, or
three of section eleven hundred ninety-two of this chapter, or any crime
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defined by this chapter or the penal law of which an alcohol-related
violation of any provision of section eleven hundred ninety-two of this
chapter is an essential element, if the court in its discretion, deter-
mines that such a condition is necessary to ensure the public safety.]
Imposition of an ignition interlock condition shall in no way limit the
effect of any period of license suspension or revocation set forth by
the commissioner or the court.
(e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed by law,
including treatment for alcohol or drug abuse, restitution and community
service.
(f) The commissioner shall note on the operator's record of any person
restricted pursuant to this section UPON SENTENCING OR DATE OF PLEA
DISPOSITION IN ADVANCE OF SENTENCING that, in addition to any other
restrictions, conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
4. Proof of compliance and recording of condition. (a) Following impo-
sition by the court of the use of an ignition interlock device as a
condition of probation or conditional discharge it shall require the
person to provide proof of compliance with this section to the court and
the probation department OR OTHER MONITOR where such person is under
probation, SUPERVISION, or conditional discharge [supervision] MONITOR-
ING. A CLAIM BY SUCH PERSON THAT HE OR SHE HAS GOOD CAUSE FOR NOT
INSTALLING AN IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR
BEFORE SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY
SUCH PERSON ASSERTING UNDER OATH THAT SUCH PERSON IS NOT THE REGISTERED
OR TITLED OWNER OF ANY MOTOR VEHICLE AND WILL NOT OPERATE ANY MOTOR
VEHICLE DURING THE PERIOD OF RESTRICTION, OR THAT SUCH PERSON DOES NOT
HAVE ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR THAT
THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED TO SUCH
PERSON'S HOUSEHOLD WILL NOT GIVE CONSENT FOR THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE ON HIS OR HER VEHICLE. IN ADDITION, THE AFFI-
DAVIT MUST ALSO INCLUDE A STATEMENT REGARDING WHETHER SUCH PERSON OWNED
ANY MOTOR VEHICLE ON THE DATE OF THE UNDERLYING VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND WHETHER OWNERSHIP OF ANY
OF THOSE VEHICLES HAS BEEN TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR
ANY OTHER MEANS SINCE THE DATE OF SAID VIOLATION. THE AFFIDAVIT MUST
INCLUDE A STATEMENT FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT
TRANSFER OWNERSHIP OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION
INTERLOCK DEVICE. THE AFFIDAVIT MUST ALSO INCLUDE THE ADDRESS OF SUCH
PERSON'S EMPLOYMENT (IF ANY) AND HOW SUCH PERSON INTENDS TO TRAVEL TO
THAT LOCATION DURING THE PERIOD OF RESTRICTION. THE PERSON MAY ALSO
INCLUDE ANY OTHER FACTS AND CIRCUMSTANCES SUCH PERSON BELIEVES TO BE
RELEVANT TO THE CLAIM OF GOOD CAUSE. THE COURT MUST MAKE A FINDING
WHETHER GOOD CAUSE EXISTS ON THE RECORD AND, IF GOOD CAUSE IS FOUND,
ISSUE SUCH FINDING IN WRITING TO BE FILED BY SUCH PERSON WITH PROBATION
OR THE IGNITION INTERLOCK MONITOR, AS APPROPRIATE. IN THE EVENT THE
COURT DENIES SUCH PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFI-
DAVIT FILED WITH THE COURT, SUCH PERSON MUST BE GIVEN AN OPPORTUNITY TO
BE HEARD. SUCH PERSON MAY ALSO WAIVE THE OPPORTUNITY TO BE HEARD. WHERE
THE COURT FINDS GOOD CAUSE FOR SUCH PERSON NOT TO INSTALL AN IGNITION
INTERLOCK DEVICE, THE PERIOD OF INTERLOCK RESTRICTION ON SUCH PERSON'S
OPERATING RECORD SHALL REMAIN IN EFFECT FOR THE FULL PERIOD OF SUCH
PERSON'S CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO ARTICLE
SIXTY-FIVE OF THE PENAL LAW AND THE COURT SHALL SENTENCE SUCH PERSON TO
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WEAR A TRANSDERMAL ALCOHOL MONITORING DEVICE FOR A PERIOD OF NOT LESS
THAN SIX MONTHS. IN THE EVENT THE COURT ALSO SENTENCES SUCH PERSON TO
ABSTAIN OR RESTRICT HIS OR HER CONSUMPTION OF ALCOHOL DURING THE TRANS-
DERMAL ALCOHOL MONITORING PERIOD, THE DETECTION OF ALCOHOL BY THE TRANS-
DERMAL DEVICE SHALL BE REPORTED BY PROBATION OR THE MONITOR TO THE
COURT. WHERE NO SUCH RESTRICTION IS IMPOSED BY THE COURT, THE TRANSDER-
MAL DATA WILL BE REPORTED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER FOR CONSIDERATION DURING RELICENSING. If [the] A person IS
ORDERED TO INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE AND SUCH
PERSON fails to provide [for such] proof of installation TO PROBATION OR
THE MONITOR, AS APPROPRIATE, absent a finding by the court of good cause
for that failure which is entered in the record, the court may revoke,
modify, or terminate the person's sentence of probation or conditional
discharge as provided under law.
(b) When a court imposes the condition specified in subdivision one of
this section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the commissioner shall note such
condition on the operating record of the person subject to such condi-
tions.
(a) The cost of installing and maintaining the ignition interlock
device OR TRANSDERMAL ALCOHOL MONITORING DEVICE shall be borne by the
person subject to such condition unless the court determines such person
is financially unable to afford such cost whereupon such cost [may]
SHALL be imposed pursuant to a payment plan or, IF NO PAYMENT PLAN CAN
BE ESTABLISHED, THE COURT MUST STATE THE REASONS WHY A PAYMENT PLAN IS
NOT FEASIBLE ON THE RECORD AND MAY ORDER THE COST TO BE waived. In the
event of such waiver, the cost of the device shall be borne in accord-
ance with regulations issued under paragraph (g) of subdivision one of
section eleven hundred ninety-three of this article or pursuant to such
other agreement as may be entered into for provision of the device. Such
cost shall be considered a fine for the purposes of subdivision five of
section 420.10 of the criminal procedure law. Such cost shall not
replace, but shall instead be in addition to, any fines, surcharges, or
other costs imposed pursuant to this chapter or other applicable laws.
S 4. Subdivision 8 of section 1198 of the vehicle and traffic law, as
amended by chapter 496 of the laws of 2009, is amended to read as
follows:
8. Employer vehicle. Notwithstanding the provisions of subdivision one
and paragraph (d) of subdivision nine of this section, if a person is
required to operate a motor vehicle owned by said person's employer in
the course and scope of his or her employment, the person may operate
that vehicle without installation of an approved ignition interlock
device only in the course and scope of such employment and only if the
employer has been notified that the person's driving privilege has been
restricted under the provisions of this article or the penal law and the
person whose privilege has been so restricted has provided the court and
probation department with written documentation indicating the employer
has knowledge of the restriction imposed and has granted permission for
the person to operate the employer's vehicle without the device only for
business purposes. The person shall notify the court and the probation
department, OR THE INTERLOCK MONITOR, AS APPROPRIATE, of his or her
intention to so operate the employer's vehicle. THE COURT MAY GRANT OR
DENY SUCH PERSON'S REQUEST TO OPERATE A MOTOR VEHICLE, OWNED BY SAID
PERSON'S EMPLOYER, IN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT
WITHOUT INSTALLATION OF AN APPROVED IGNITION INTERLOCK DEVICE. WHERE THE
COURT GRANTS THE REQUEST, IT MUST BE GRANTED IN WRITING IN A FORM
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PRESCRIBED BY THE COMMISSIONER TO BE FILED WITH PROBATION OR THE MONI-
TOR, AS APPROPRIATE, AND TO BE CARRIED BY SUCH PERSON WHENEVER SAID
PERSON IS OPERATING THE EMPLOYER'S VEHICLE IN ACCORDANCE WITH THIS
SECTION AND SUCH PERSON MUST PRODUCE SAID DOCUMENT TO A LAW ENFORCEMENT
OFFICER UPON REQUEST. ADDITIONALLY, THE COMMISSIONER SHALL NOTE ON THE
OPERATOR'S RECORD OF ANY PERSON AUTHORIZED TO OPERATE AN EMPLOYER VEHI-
CLE PURSUANT TO THIS SUBDIVISION THAT SUCH PERSON IS ONLY AUTHORIZED TO
OPERATE WITHOUT AN IGNITION INTERLOCK DEVICE WHILE DRIVING AN EMPLOYER
VEHICLE WITHIN THE COURSE AND SCOPE OF HIS OR HER EMPLOYMENT. A motor
vehicle owned by a business entity which business entity is all or part-
ly owned or controlled by a person otherwise subject to the provisions
of this article or the penal law is not a motor vehicle owned by the
employer for purposes of the exemption provided in this subdivision. The
provisions of this subdivision shall apply only to the operation of such
vehicle in the scope of such employment.
S 5. Subdivision 15-a of section 259-c of the executive law, as
amended by section 38-b of subpart A of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
15-a. Notwithstanding any other provision of law, where a person is
serving a sentence for a violation of section 120.03, 120.04, 120.04-a,
125.12, 125.13 or 125.14 of the penal law, or a felony as defined in
paragraph (c) of subdivision one of section eleven hundred ninety-three
of the vehicle and traffic law, if such person is released on parole or
conditional release the board shall require as a mandatory condition of
such release, that such person install and maintain, in accordance with
the provisions of section eleven hundred ninety-eight of the vehicle and
traffic law, an ignition interlock device in any motor vehicle TITLED,
REGISTERED OR OTHERWISE owned or operated by such person during the term
of such parole or conditional release for such crime. THIS MANDATORY
INSTALLATION OF AN IGNITION INTERLOCK DEVICE AS A CONDITION OF RELEASE
SHALL RUN CONCURRENTLY WITH ANY REQUIRED INSTALLATION OF AN IGNITION
INTERLOCK DEVICE ORDERED BY THE COURT AS A CONDITION OF A CONSECUTIVE
PERIOD OF CONDITIONAL DISCHARGE OR PROBATION PURSUANT TO SECTION 60.21
OF THE PENAL LAW. MONITORING DURING THE PERIOD OF PAROLE SHALL BE
PROVIDED BY THE DIVISION OF PAROLE. IF THERE IS AN ADDITIONAL PERIOD OF
PROBATION EXTENDING BEYOND THE PERIOD OF PAROLE, MONITORING OF ANY
REMAINING PERIOD OF IGNITION INTERLOCK RESTRICTION SHALL BE TRANSFERRED
FROM THE DIVISION OF PAROLE TO PROBATION AT THE CONCLUSION OF PAROLE.
Provided further, however, the board may not otherwise authorize the
operation of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the provisions of
the vehicle and traffic law.
S 6. Section 60.36 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.36 Authorized dispositions; driving while intoxicated offenses.
Where a court is imposing a sentence for a violation of subdivision
two, two-a, [or] three, OR PARAGRAPH (B) OF SUBDIVISION FOUR-A of
section eleven hundred ninety-two of the vehicle and traffic law OR FOR
A VIOLATION OF SECTION 120.03, 120.04, 120.04-A, 125.12, 125.13 OR
125.14 OF THIS CHAPTER, OR A FELONY AS DEFINED IN PARAGRAPH (C) OF
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW, pursuant to sections 65.00 or 65.05 of this title and,
as a condition of such sentence, orders the installation and maintenance
of an ignition interlock device, the court may impose any other penalty
authorized pursuant to section eleven hundred ninety-three of the vehi-
cle and traffic law.
S. 6636 10
S 7. Section 60.21 of the penal law, as added by chapter 496 of the
laws of 2009, is amended to read as follows:
S 60.21 Authorized dispositions; driving while intoxicated or aggravated
driving while intoxicated.
Notwithstanding paragraph (d) of subdivision two of section 60.01 of
this article, when a person is to be sentenced upon a conviction for a
violation of subdivision two, two-a [or], three OR PARAGRAPH (B) OF
SUBDIVISION FOUR-A of section eleven hundred ninety-two of the vehicle
and traffic law, OR FOR A VIOLATION OF SECTION 120.03, 120.04, 120.04-A,
125.12, 125.13 OR 125.14 OF THIS CHAPTER, OR A FELONY AS DEFINED IN
PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE
OF THE VEHICLE AND TRAFFIC LAW, OR ANY FELONY FOR WHICH A VIOLATION OF
SUBDIVISION TWO, TWO-A, THREE, PARAGRAPH (B) OF SUBDIVISION FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW IS AN
ESSENTIAL ELEMENT the court may sentence such person to a period of
imprisonment authorized by article seventy of this title and shall
sentence such person to a period of probation or conditional discharge
in accordance with the provisions of section 65.00 of this title and
shall order the installation and maintenance of a functioning ignition
interlock device. Such period of probation or conditional discharge
shall run consecutively to any period of imprisonment and shall commence
immediately upon such person's release from imprisonment NOTWITHSTAND-
ING, SUCH PERSON ALSO HAVING BEEN CONVICTED OF FELONY CHARGES THAT DO
NOT CONTAIN A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE
VEHICLE AND TRAFFIC LAW AS AN ESSENTIAL ELEMENT. WHERE A PERSON IS
SENTENCED TO THE MAXIMUM TERM OF INCARCERATION WITH A CONSECUTIVE PERIOD
OF CONDITIONAL DISCHARGE OR PROBATION, AND THE COURT FINDS SUCH PERSON
TO HAVE VIOLATED THE CONDITIONS OF DISCHARGE OR PROBATION, THE COURT IN
ITS DISCRETION MAY SENTENCE THE DEFENDANT TO AN ADDITIONAL PERIOD OF
INCARCERATION NOT TO EXCEED NINETY DAYS FOR EACH VIOLATION. NOTHING
CONTAINED IN THIS SECTION SHALL PROHIBIT A COURT FROM IMPOSING ANY OTHER
SENTENCE OR MODIFICATION PERMITTED BY LAW.
S 8. Subparagraph 10 of paragraph b of subdivision 2 of section 1193
of the vehicle and traffic law, as added by chapter 173 of the laws of
1990, is amended to read as follows:
(10) Action required by commissioner. Where a court fails to impose,
or incorrectly imposes, a suspension or revocation required by this
subdivision, OR AN INTERLOCK RESTRICTION REQUIRED BY SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE, the commissioner shall, upon
receipt of a certificate of conviction filed pursuant to section five
hundred fourteen of this chapter OR UPON NOTICE OF AN IGNITION INTERLOCK
REQUIREMENT BEFORE THE SENTENCE DATE AS PART OF A PLEA DISPOSITION,
impose such mandated suspension [or], revocation[,] OR RESTRICTION which
shall supersede any such order which the court may have imposed.
S 9. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 8-a to read as follows:
8-A. PROOF OF COMPLIANCE. A LICENSE OR REGISTRATION MAY BE RESTORED
BY DIRECTION OF THE COMMISSIONER BUT NOT OTHERWISE. WHERE THE SUSPEN-
SION, REVOCATION OR RESTRICTION IS THE RESULT OF A CRIMINAL CONVICTION,
NO LICENSE SHALL BE RESTORED AND NO RESTRICTION SHALL BE REMOVED UNTIL
PROOF OF COMPLIANCE WITH EACH OF THE CONDITIONS OF THE OPERATOR'S
SENTENCE HAS BEEN PROVIDED TO THE DEPARTMENT IN A FORM PRESCRIBED BY THE
COMMISSIONER.
S 10. Paragraph (h) of subdivision 2 of section 503 of the vehicle and
traffic law, as amended by section 1 of part PP of chapter 59 of the
laws of 2009, is amended to read as follows:
S. 6636 11
(h) An applicant whose driver's license has been RESTRICTED PURSUANT
TO (I) PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-THREE OF THIS CHAPTER AND (II) SECTION ELEVEN HUNDRED
NINETY-EIGHT OF THIS CHAPTER OR revoked pursuant to (i) section five
hundred ten of this title, (ii) section eleven hundred ninety-three of
this chapter, [and] (iii) section eleven hundred ninety-four of this
chapter OR, (IV) A FINDING OF DRIVING AFTER HAVING CONSUMED ALCOHOL
PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF
THIS CHAPTER, shall, upon application for issuance of a driver's license
OR REMOVAL OF THE RESTRICTION, pay to the commissioner a fee of one
hundred dollars. [When the basis for the revocation is a finding of
driving after having consumed alcohol pursuant to the provisions of
section eleven hundred ninety-two-a of this chapter, the fee to be paid
to the commissioner shall be one hundred dollars.] Such fee is not
refundable and shall not be returned to the applicant regardless of the
action the commissioner may take on such person's application for rein-
statement of such driving license. Such fee shall be in addition to any
other fees presently levied [but shall not apply to an applicant whose
driver's license was revoked for failure to pass a reexamination or to
an applicant who has been issued a conditional or restricted use license
under the provisions of article twenty-one-A or thirty-one of this chap-
ter].
S 11. Subdivision 4-a of section 1192 of the vehicle and traffic law,
as added by chapter 732 of the laws of 2006, is amended to read as
follows:
4-a. Driving while ability impaired by the combined influence of drugs
or of alcohol and any drug or drugs. (A) No person shall operate a motor
vehicle while the person's ability to operate such motor vehicle is
impaired by the combined influence of drugs [or].
(B) NO PERSON SHALL OPERATE A MOTOR VEHICLE WHILE THE PERSON'S ABILITY
TO OPERATE SUCH MOTOR VEHICLE IS IMPAIRED BY THE COMBINED INFLUENCE of
alcohol and any drug or drugs.
S 12. Paragraph (k-1) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 669 of the laws of 2007, is amended to read
as follows:
(k-1) Install and maintain a functioning ignition interlock device, as
that term is defined in section one hundred nineteen-a of the vehicle
and traffic law, in any vehicle owned or operated by the defendant [if
the court in its discretion determines that such a condition is neces-
sary to ensure the public safety. The court may require such condition
only where a person has been convicted of a violation of subdivision
two, two-a or three of section eleven hundred ninety-two of the vehicle
and traffic law, or any crime defined by the vehicle and traffic law or
this chapter of which an alcohol-related violation of any provision of
section eleven hundred ninety-two of the vehicle and traffic law is an
essential element]. The offender shall be required to install and oper-
ate the ignition interlock device [only] in accordance with section
eleven hundred ninety-eight of the vehicle and traffic law.
S 13. Paragraph (d) of subdivision 2 of section 1193 of the vehicle
and traffic law, as added by chapter 47 of the laws of 1988 and subpara-
graph 1 as amended by section 34 of part LL of chapter 56 of the laws of
2010, is amended to read as follows:
(d) Suspension or revocation; sentencing. [(1)] Notwithstanding
anything to the contrary contained in a certificate of relief from disa-
bilities or a certificate of good conduct issued pursuant to article
twenty-three of the correction law, where a suspension or revocation,
S. 6636 12
other than a revocation required to be issued by the commissioner, is
mandatory pursuant to paragraph (a) or (b) of this subdivision, the
magistrate, justice or judge shall issue an order suspending or revoking
such license upon sentencing, and the license holder shall surrender
such license to the court. [Except as hereinafter provided, such suspen-
sion or revocation shall take effect immediately.
(2) Except where the license holder has been charged with a violation
of article one hundred twenty or one hundred twenty-five of the penal
law arising out of the same incident or convicted of such violation or a
violation of any subdivision of section eleven hundred ninety-two of
this article within the preceding five years, the judge, justice or
magistrate may issue an order making said license suspension or revoca-
tion take effect twenty days after the date of sentencing. The license
holder shall be given a copy of said order permitting the continuation
of driving privileges for twenty days after sentencing, if granted by
the court. The court shall forward to the commissioner the certificates
required in sections five hundred thirteen and five hundred fourteen of
this chapter, along with a copy of any order issued pursuant to this
paragraph and the license, within ninety-six hours of sentencing.]
S 14. Paragraphs (b) and (d) of subdivision 1 of section 160.10 of the
criminal procedure law, paragraph (b) as amended by chapter 762 of the
laws of 1971, paragraph (d) as amended by chapter 232 of the laws of
2010, are amended and a new paragraph (e) is added to read as follows:
(b) A misdemeanor defined in the penal law OR THE VEHICLE AND TRAFFIC
LAW; or
(d) Loitering for the purpose of engaging in a prostitution offense as
defined in subdivision two of section 240.37 of the penal law[.]; OR
(E) AN OFFENSE WHICH WOULD CONSTITUTE A MISDEMEANOR IF SUCH PERSON HAD
A PREVIOUS JUDGMENT OR CONVICTION FOR THE SAME OFFENSE.
S 15. Paragraphs (e) and (f) of subdivision 7 of section 1196 of the
vehicle and traffic law, paragraph (e) as added by chapter 47 of the
laws of 1988 and paragraph (f) as added by chapter 420 of the laws of
1989, are amended and a new paragraph (i) is added to read as follows:
(e) The conditional license or privileges described in this subdivi-
sion may be revoked by the commissioner, for sufficient cause including,
but not limited to, failure to register in the program, failure to
attend or satisfactorily participate in the sessions, conviction of any
traffic infraction other than one involving parking, stopping or stand-
ing or conviction of any alcohol or drug-related traffic offense, misde-
meanor or felony. THE CONDITIONAL LICENSE OR PRIVILEGES DESCRIBED IN
THIS SUBDIVISION SHALL BE REVOKED BY THE COMMISSIONER WHEN THERE HAS
BEEN A FINDING BY A COURT, FILED WITH THE DEPARTMENT IN A FORM
PRESCRIBED BY THE COMMISSIONER, THAT THE ACCUSATORY INSTRUMENT CONFORMS
TO THE REQUIREMENTS OF SECTION 100.40 OF THE CRIMINAL PROCEDURE LAW AND
THERE EXISTS REASONABLE CAUSE TO BELIEVE THAT THE OPERATOR HAS COMMITTED
A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER DURING A
LICENSE SUSPENSION OR REVOCATION PERIOD, HAS COMMITTED A VIOLATION OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, HAS OPERATED A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN ONE WAS REQUIRED
PURSUANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, OR HAS
VIOLATED ANY CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET FORTH
BY THE COURT RELATING TO THE OPERATION OF A MOTOR VEHICLE OR THE
CONSUMPTION OF ALCOHOL. THE COURT'S FINDING MUST CONFORM TO THE PROCE-
DURES SET FORTH IN PARAGRAPH (C) OF SUBDIVISION THREE OF SECTION ELEVEN
HUNDRED NINETY-EIGHT OF THIS ARTICLE DENYING A REQUEST FOR A CONDITIONAL
LICENSE. A REVOCATION OF THE CONDITIONAL LICENSE PURSUANT TO THIS
S. 6636 13
SECTION SHALL REINSTATE THE UNDERLYING ALCOHOL-RELATED SUSPENSION OR
REVOCATION FROM WHICH THE CONDITIONAL LICENSE WAS DERIVED. In addition,
the commissioner shall have the right, after a hearing, to revoke the
conditional license or privilege upon receiving notification or evidence
that the offender is not attempting in good faith to accept rehabili-
tation. In the event of such revocation, the fee described in subdivi-
sion six of this section shall not be refunded.
(f) It shall be a traffic infraction for the holder of a conditional
license or privilege to operate a motor vehicle upon a public highway
for any use other than those authorized pursuant to paragraph (a) of
this subdivision, UNLESS THE OPERATION RESULTS IN A CHARGE FOR A
VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER DURING A
LICENSE SUSPENSION OR REVOCATION PERIOD, FOR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR FOR OPERATION OF A MOTOR
VEHICLE WITHOUT AN IGNITION INTERLOCK DEVICE WHEN ONE IS REQUIRED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE AND A COURT,
PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION HAS ISSUED A FINDING,
FILED WITH THE DEPARTMENT IN A FORM PRESCRIBED BY THE COMMISSIONER, THAT
THE ACCUSATORY INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40
OF THE CRIMINAL PROCEDURE LAW AND THERE EXISTS REASONABLE CAUSE TO
BELIEVE THAT THE OPERATOR HAS COMMITTED THE VIOLATION OR VIOLATIONS
CHARGED. WHEN SUCH CHARGES ARE FILED AND SUCH A FINDING BY THE COURT IS
MADE, THE CONDITIONAL LICENSE SHALL BE IMMEDIATELY REVOKED. When a
[person] HOLDER OF A CONDITIONAL LICENSE OR PRIVILEGE is convicted of
[this] THE offense OF OPERATING A MOTOR VEHICLE UPON A PUBLIC HIGHWAY
FOR ANY USE OTHER THAN THOSE AUTHORIZED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION, the sentence of the court must be a fine of not less
than two hundred dollars nor more than five hundred dollars or a term of
imprisonment of not more than fifteen days or both such fine and impri-
sonment. Additionally, the conditional license or privileges described
in this subdivision shall be revoked by the commissioner upon receiving
notification from the court that the holder thereof has been convicted
of this offense.
(I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER MAY
GRANT A POST-REVOCATION CONDITIONAL LICENSE TO A PERSON WHO IS OTHERWISE
INELIGIBLE TO RECEIVE A CONDITIONAL LICENSE WHEN THAT PERSON HAS BEEN
CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR PARAGRAPH
(B) OF SUBDIVISION FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE AND WHO HAS BEEN SENTENCED TO A PERIOD OF PROBATION, PROVIDED
THAT PROBATION CONSENTS TO THE ISSUANCE OF A POST-REVOCATION CONDITIONAL
LICENSE AND THE PERSON HAS SATISFIED THE MINIMUM PERIOD OF LICENSE REVO-
CATION ESTABLISHED BY LAW AND THE COMMISSIONER HAS BEEN NOTIFIED THAT
SUCH PERSON MAY OPERATE ONLY A MOTOR VEHICLE EQUIPPED WITH A FUNCTIONING
IGNITION INTERLOCK DEVICE. NO SUCH REQUEST SHALL BE MADE NOR SHALL SUCH
A LICENSE BE GRANTED, HOWEVER, IF SUCH PERSON HAS BEEN DEEMED BY A COURT
TO HAVE VIOLATED ANY CONDITION OF PROBATION OR CONDITIONAL DISCHARGE SET
FORTH BY THE COURT RELATING TO THE OPERATION OF A MOTOR VEHICLE OR THE
CONSUMPTION OF ALCOHOL OR IF SUCH PERSON HAS BEEN CHARGED WITH A
VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF THIS CHAPTER DURING A
LICENSE SUSPENSION OR REVOCATION PERIOD, FOR A VIOLATION OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, HAS OPERATED A MOTOR VEHICLE
WITHOUT AN IGNITION INTERLOCK DEVICE WHEN ONE WAS REQUIRED PURSUANT TO
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE AND A COURT, PURSU-
ANT TO PARAGRAPH (E) OF THIS SUBDIVISION HAS ISSUED A FINDING, FILED
WITH THE DEPARTMENT IN A FORM PRESCRIBED BY THE COMMISSIONER, THAT THE
ACCUSATORY INSTRUMENT CONFORMS TO THE REQUIREMENTS OF SECTION 100.40 OF
S. 6636 14
THE CRIMINAL PROCEDURE LAW AND THERE EXISTS REASONABLE CAUSE TO BELIEVE
THAT THE OPERATOR HAS COMMITTED THE VIOLATION OR VIOLATIONS CHARGED.
S 16. Subdivision 7 and paragraph (e) of subdivision 9 of section 1198
of the vehicle and traffic law, subdivision 7 as amended by chapter 669
of the laws of 2007 and paragraph (e) of subdivision 9 as amended by
chapter 496 of the laws of 2009, are amended to read as follows:
7. [Use of other vehicles. (a) Any requirement of this article or the
penal law that a person operate a vehicle only if it is equipped with an
ignition interlock device shall apply to every motor vehicle operated by
that person including, but not limited to, vehicles that are leased,
rented or loaned.
(b) No person shall knowingly rent, lease, or lend a motor vehicle to
a person known to have had his or her driving privilege restricted to
vehicles equipped with an ignition interlock device unless the vehicle
is so equipped. Any person whose driving privilege is so restricted
shall notify any other person who rents, leases, or loans a motor vehi-
cle to him or her of such driving restriction.
(c) A violation of paragraph (a) or (b) of this subdivision shall be a
misdemeanor.]
VIOLATIONS. (A) ANY FAILED TASK INCLUDING FAILING TO INSTALL A DEVICE,
FAILURE TO APPEAR FOR A SERVICE VISIT OR FAILURE TO COMPLY WITH SERVICE
INSTRUCTIONS, CIRCUMVENTIONS OR TAMPERINGS, IN ACCORDANCE WITH THE
OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES (OPCA) REGULATIONS
UNDER 9 NYCRR 358 SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A
PERSON'S SENTENCE AND MAY ALSO CONSTITUTE A SEPARATE CRIME. SUCH
VIOLATIONS WILL BE ADJUDICATED BY THE SENTENCING COURT IN ITS
DISCRETION.
(B) A FAILED TEST INCLUDING A FAILED START-UP RE-TEST, A MISSED
START-UP RE-TEST, A FAILED ROLLING RE-TEST, A MISSED ROLLING RE-TEST,
THE DEVICE ENTERING LOCKOUT MODE, AND ANY TEST OR RE-TEST WHERE THE
OPERATOR REGISTERS .05 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN
SUCH PERSON'S BLOOD SHALL CONSTITUTE A VIOLATION OF THE CONDITIONS OF A
PERSON'S SENTENCE IN ACCORDANCE WITH THE OPCA REGULATIONS UNDER 9 NYCRR
358 AND ALSO MAY CONSTITUTE A SEPARATE CRIME. SUCH VIOLATIONS WILL BE
ADJUDICATED BY THE SENTENCING COURT IN ITS DISCRETION.
(C) A FAILED TRANSDERMAL ALCOHOL MONITORING REPORT SHALL CONSTITUTE A
VIOLATION OF THE OFFENDER'S SENTENCE WHERE THE COURT HAS ORDERED THE
OFFENDER TO ABSTAIN FROM THE CONSUMPTION OF ALCOHOL OR RESTRICT THE
CONSUMPTION OF ALCOHOL TO LEVELS BELOW A CERTAIN BLOOD ALCOHOL LEVEL
DESIGNATED BY THE COURT. ABSTINENCE REQUIRED BY A TREATMENT PROVIDER AS
A RESULT OF COURT-ORDERED TREATMENT SHALL BE CONSTRUED FOR THE PURPOSES
OF THIS SECTION AS COURT-ORDERED ABSTINENCE. AT THE CONCLUSION OF THE
COURT-ORDERED TRANSDERMAL ALCOHOL MONITORING PERIOD, THE TRANSDERMAL
ALCOHOL REPORT OR A SUMMARY OF ITS CONTENTS SHALL BE FORWARDED TO THE
DEPARTMENT BY THE MONITOR IN A FORM PRESCRIBED BY THE COMMISSIONER.
(e) NO PERSON SHALL KNOWINGLY RENT, LEASE, OR LEND A MOTOR VEHICLE TO
A PERSON KNOWN TO HAVE HAD HIS OR HER DRIVING PRIVILEGE RESTRICTED TO
VEHICLES EQUIPPED WITH AN IGNITION INTERLOCK DEVICE UNLESS THE VEHICLE
IS SO EQUIPPED. ANY PERSON WHOSE DRIVING PRIVILEGE IS SO RESTRICTED
SHALL NOTIFY ANY OTHER PERSON WHO RENTS, LEASES, OR LOANS A MOTOR VEHI-
CLE TO HIM OR HER OF SUCH DRIVING RESTRICTION.
(F) In addition to any other provisions of law, any person convicted
of a violation of paragraph (a), (b), (c), [or] (d), OR (E) of this
subdivision shall be guilty of a Class A misdemeanor.
S. 6636 15
S 17. Subparagraph (i) of paragraph (a) of subdivision 3 of section
511 of the vehicle and traffic law, as amended by chapter 732 of the
laws of 2006, is amended to read as follows:
(i) commits the offense of aggravated unlicensed operation of a motor
vehicle in the second degree as provided in subparagraph (ii), (iii) or
(iv) of paragraph (a) of subdivision two of this section OR HAS A CONDI-
TIONAL LICENSE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION
ELEVEN HUNDRED NINETY-SIX OF THIS CHAPTER and is operating a motor vehi-
cle while under the influence of alcohol or a drug in violation of
subdivision one, two, two-a, three, four, four-a or five of section
eleven hundred ninety-two of this chapter; or
S 18. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivi-
sions 1, 2, 3 and 4 and paragraph (a) of subdivision 5 of section 1198
of the vehicle and traffic law made by section three of this act, the
amendments to subdivision 8 of section 1198 of the vehicle and traffic
law made by section four of this act and the amendments to subdivision 7
and paragraph (e) of subdivision 9 of section 1198 of the vehicle and
traffic law made by section sixteen of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
