S T A T E   O F   N E W   Y O R K
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    S. 2807                                                  A. 4039

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 29, 2015
                               ___________

IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
  ed, and when printed to be committed to the Committee  on  Transporta-
  tion

IN  ASSEMBLY -- Introduced by M. of A. MALLIOTAKIS, CROUCH, RAIA, GALEF,
  MARKEY, McKEVITT, BLANKENBUSH, MILLER, JOHNS, FINCH, CURRAN --  Multi-
  Sponsored  by  --  M.  of A. BARCLAY, CERETTO, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00687-01-5
              

S. 2807                             2                            A. 4039

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
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

S. 2807                             3                            A. 4039

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.
  (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

S. 2807                             4                            A. 4039

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.