S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4404
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Transportation
 
 AN  ACT  to  amend  the  vehicle  and  traffic law and the penal law, in
   relation to driving while intoxicated
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi-
 cle and traffic law is amended by adding a new subparagraph (iv) to read
 as follows:
   (IV)  IN CALCULATING THE TEN YEAR PERIOD UNDER ITEM (I) OF CLAUSE B OF
 SUBPARAGRAPH THREE OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS  SECTION,
 ANY  PERIOD  OF  TIME  DURING  WHICH THE PERSON WAS INCARCERATED FOR ANY
 REASON BETWEEN THE TIME OF  COMMISSION  OF  THE  PREVIOUS  VIOLATION  OF
 SUBDIVISION  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED
 NINETY-TWO OF THIS ARTICLE 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,  AND  THE
 TIME OF COMMISSION OF THE PRESENT OFFENSE SHALL BE EXCLUDED AND SUCH TEN
 YEAR  PERIOD  SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME
 SERVED UNDER SUCH INCARCERATION.
   § 2. Subdivision 1-a of section 1193 of the vehicle and  traffic  law,
 as added by chapter 691 of the laws of 2002, paragraph (c) as amended by
 chapter  669  of the laws of 2007, paragraph (d) as added by chapter 732
 of the laws of 2006, is amended to read as follows:
   1-a. Additional penalties. (a) Except as provided for  in  [paragraph]
 PARAGRAPHS  (A-1), (b) AND (B-1) of this subdivision, a person who oper-
 ates a vehicle in violation of subdivision two [or], TWO-A, three,  FOUR
 OR  FOUR-A  of  section  eleven hundred ninety-two of this article after
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00373-01-7

 A. 4404                             2
 
 having been convicted of a violation of  subdivision  two  [or],  TWO-A,
 three,  FOUR  OR  FOUR-A of such section within the preceding [five] TEN
 years shall, in addition to any other penalties  which  may  be  imposed
 pursuant  to  subdivision one of this section, be sentenced to a term of
 imprisonment of [five] NOT LESS THAN THIRTY days [or, as an  alternative
 to  such imprisonment, be required to perform thirty days of service for
 a public or  not-for-profit  corporation,  association,  institution  or
 agency as set forth in paragraph (h) of subdivision two of section 65.10
 of  the  penal  law  as  a  condition of sentencing for such violation].
 Notwithstanding the provisions of this paragraph, a sentence of  a  term
 of imprisonment of [five] THIRTY days or more pursuant to the provisions
 of  subdivision  one of this section shall be deemed to be in compliance
 with this subdivision. NOTHING CONTAINED  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  LIMIT  OR  PROHIBIT A COURT FROM IMPOSING ANY OTHER ADDI-
 TIONAL PENALTY, CONDITION, LICENSE SUSPENSION OR REVOCATION OR SCREENING
 OR ASSESSMENT OF SANCTION OF ANY KIND REQUIRED OR PERMITTED BY LAW.
   (A-1) A PERSON WHO OPERATES A  VEHICLE  IN  VIOLATION  OF  SUBDIVISION
 TWO-A  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER HAVING
 BEEN CONVICTED OF A VIOLATION OF SUCH SUBDIVISION WITHIN  THE  PRECEDING
 TEN  YEARS  SHALL,  IN  ADDITION  TO  ANY PENALTIES WHICH MAY BE IMPOSED
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, BE SENTENCED TO A  TERM  OF
 IMPRISONMENT  OF  NOT  LESS  THAN  ONE  HUNDRED  EIGHTY  DAYS.   NOTHING
 CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT  OR  PROHIBIT  A
 COURT  FROM  IMPOSING  ANY  OTHER ADDITIONAL PENALTY, CONDITION, LICENSE
 SUSPENSION OR REVOCATION OR SCREENING OR ASSESSMENT OF SANCTION  OF  ANY
 KIND REQUIRED OR PERMITTED BY LAW.
   (b)  [A]  EXCEPT AS PROVIDED IN PARAGRAPH (B-1) OF THIS SUBDIVISION, A
 person who operates a vehicle in  violation  of  subdivision  two  [or],
 TWO-A,  three,  FOUR  OR  FOUR-A of section eleven hundred ninety-two of
 this article after having been convicted on two or more occasions  of  a
 violation  of  [any of such subdivisions] SUBDIVISION TWO, TWO-A, THREE,
 FOUR OR FOUR-A OF SUCH SECTION within the  preceding  [five]  TEN  years
 shall,  in addition to any other penalties which may be imposed pursuant
 to subdivision one of this section, be sentenced to a term of  imprison-
 ment  of  [ten] NOT LESS THAN NINETY days [or, as an alternative to such
 imprisonment, be required to perform sixty days of service for a  public
 or not-for-profit corporation, association, institution or agency as set
 forth  in paragraph (h) of subdivision two of section 65.10 of the penal
 law as a condition of sentencing for  such  violation].  Notwithstanding
 the  provisions  of this paragraph, a sentence of a term of imprisonment
 of [ten] NINETY days or more pursuant to the provisions  of  subdivision
 one of this section shall be deemed to be in compliance with this subdi-
 vision.  NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT
 OR PROHIBIT A COURT FROM IMPOSING ANY OTHER ADDITIONAL  PENALTY,  CONDI-
 TION,  LICENSE  SUSPENSION  OR  REVOCATION OR SCREENING OR ASSESSMENT OF
 SANCTION OF ANY KIND REQUIRED OR PERMITTED BY LAW.
   (B-1) A PERSON WHO OPERATES A  VEHICLE  IN  VIOLATION  OF  SUBDIVISION
 TWO-A  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER HAVING
 BEEN CONVICTED OF TWO OR MORE VIOLATIONS OF SUCH SUBDIVISION WITHIN  THE
 PRECEDING  TEN  YEARS  SHALL,  IN ADDITION TO ANY PENALTIES WHICH MAY BE
 IMPOSED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, BE SENTENCED  TO  A
 TERM  OF  IMPRISONMENT  OF  NOT LESS THAN ONE YEAR. NOTHING CONTAINED IN
 THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT  OR  PROHIBIT  A  COURT  FROM
 IMPOSING  ANY OTHER ADDITIONAL PENALTY, CONDITION, LICENSE SUSPENSION OR
 REVOCATION OR SCREENING OR ASSESSMENT OF SANCTION OF ANY  KIND  REQUIRED
 OR PERMITTED BY LAW.

 A. 4404                             3
 
   (c)  A court sentencing a person WHO HAS BEEN CONVICTED OF OPERATING A
 VEHICLE IN VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR AN  ALCOHOL-RE-
 LATED  VIOLATION OF SUBDIVISION FOUR-A OF SECTION ELEVEN HUNDRED NINETY-
 TWO OF THIS ARTICLE pursuant to paragraph (a) [or], (A-1), (b) OR  (B-1)
 of  this  subdivision  shall:  (i) order the installation of an ignition
 interlock device approved pursuant to  section  eleven  hundred  ninety-
 eight  of  this  article  in  any motor vehicle owned or operated by the
 person so sentenced. Such devices  shall  remain  installed  during  any
 period  of  license  revocation required to be imposed pursuant to para-
 graph (b) of subdivision two of this section, and, upon the  termination
 of such revocation period, for an additional period as determined by the
 court;  and  (ii)  order  that  such person receive an assessment of the
 degree of their alcohol or substance abuse and  dependency  pursuant  to
 the provisions of section eleven hundred ninety-eight-a of this article.
 Where  such  assessment  indicates the need for treatment, such court is
 authorized to impose treatment as a condition of  such  sentence  except
 that  such  court shall impose treatment as a condition of a sentence of
 probation or conditional discharge pursuant to the provisions of  subdi-
 vision  three  of section eleven hundred ninety-eight-a of this article.
 Any person ordered to install an ignition interlock device  pursuant  to
 this  paragraph shall be subject to the provisions of subdivisions four,
 five, seven, eight and nine of section eleven  hundred  ninety-eight  of
 this  article. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO
 LIMIT OR PROHIBIT A COURT FROM IMPOSING ANY  OTHER  ADDITIONAL  PENALTY,
 CONDITION,  LICENSE  SUSPENSION OR REVOCATION OR SCREENING OR ASSESSMENT
 OF SANCTION OF ANY KIND REQUIRED OR PERMITTED BY LAW.
   (d) Confidentiality of records. The provisions of subdivision  six  of
 section eleven hundred ninety-eight-a of this article shall apply to the
 records  and content of all assessments and treatment conducted pursuant
 to this subdivision.
   (E) IN CALCULATING THE TEN YEAR PERIOD UNDER  PARAGRAPHS  (A),  (A-1),
 (B)  AND  (B-1) OF THIS SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE
 PERSON WAS INCARCERATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF
 THE PREVIOUS VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR  FOUR-A
 OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO OF THIS ARTICLE AND THE TIME OF
 COMMISSION OF THE PRESENT OFFENSE SHALL BE EXCLUDED AND  SUCH  TEN  YEAR
 PERIOD SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED
 UNDER SUCH INCARCERATION.
   § 3. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
 as  amended  by  chapter  410 of the laws of 1979, is amended to read as
 follows:
   (a) A second felony offender is a person, other than a second  violent
 felony  offender  as defined in section 70.04, who stands convicted of a
 felony [defined in this chapter], other than a class A-I  felony,  after
 having  previously  been  subjected  to  one  or  more  predicate felony
 convictions as defined in paragraph (b) of this subdivision.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.