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

                                  6287

                            I N  S E N A T E

                             January 9, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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section 1193 of the vehicle and traffic law is REPEALED.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.
              

                                                           LBD13435-01-4

S. 6287                             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 169 of the
laws of 2013, 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; or
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.