NY State Senate Bill 2017-S1145

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation returned to senate died in assembly
Mar 13, 2017	referred to transportation delivered to assembly passed senate
Mar 01, 2017	advanced to third reading
Feb 28, 2017	2nd report cal.
Feb 14, 2017	1st report cal.217
Jan 06, 2017	referred to transportation

Votes

- Mar 13, 2017 - Floor Vote
  S1145
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 13, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Hoylman-Sigal
      
      excused (1)
      
      Dilan
  Feb 14, 2017 - Transportation Committee Vote
  S1145
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Transportation Committee Vote: Feb 14, 2017
      
      aye (19)
      
      Avella
      
      Croci
      
      Diaz
      
      Dilan
      
      Gallivan
      
      Griffo
      
      Kaminsky
      
      Kennedy
      
      Larkin
      
      Marcellino
      
      O'Mara
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      absent (1)
      
      Perkins

co-Sponsors

2017-S1145 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§510 & 1193, V & T L
Versions Introduced in 2015-2016 Legislative Session:: S736

2017-S1145 (ACTIVE) - Summary

Relates to the restoration of a driver's license in certain cases.

2017-S1145 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1145

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to the
restoration of a driver's license in certain cases

 PURPOSE :

This legislation would clarify and mandate that, when a person has
been convicted of an alcohol/drug-related driving offense resulting in
a license suspension or revocation, such person's driver's license may
not be restored by the Department of Motor Vehicles unless and until
all conditions of the sentence upon conviction have been completed.

 SUMMARY OF PROVISIONS :

This bill amends § 510 (license suspensions and revocations generally)
and § 1193 (criminal and administrative penalties for alcohol-related
offenses) of the Vehicle and Traffic Law (VTL), by adding mirror
provisions that require that no license or privilege to operate a
motor vehicle, which has been suspended or revoked for the commission
of an alcohol/drug-related driving offense, may be restored unless the
offender has demonstrated that he or she has complied with and
completed all statutory requirements imposed under Article 31 of the
VTL or by the court.

The Commissioner of Motor Vehicles, in consultation with the Office of
Court Administration, will promulgate any necessary rules and develop
any necessary forms to carry out the relicensing process.

 JUSTIFICATION :

Over the years, the Legislature has enacted several important
provisions aimed at those who commit alcohol/drug-related driving.
These provisions are directed at the full range of offenders, and
include such things as attendance at and completion of the
drinking-driver program (§ 1196), installation and use of the ignition
interlock device (§ 1198), and alcohol or drug assessment and
treatment (§ 1198-a). Additionally, the sentencing court will impose
the mandatory fines and surcharges as well as certain discretionary
conditions, such as participation in a Victim's Impact Panel, the
payment of restitution, and/or community service.

As the number and scope of these requirements and conditions have
grown, it has become increasingly difficult for the DMV to determine
if an applicant for relicensing has fulfilled his or her obligations
imposed as part of the sentence upon conviction. There are numerous
examples of offenders who are relicensed before they have completed
their conditions of sentence, making a mockery of the statutory and
judicial authorities surrounding the sentence.

This measure would authorize the Commissioner of Motor Vehicles to
establish the means by which offenders must demonstrate that they have
completed all of the conditions of sentence imposed by law before a
license can be restored.

 LEGISLATIVE HISTORY :

Same as S.736 of 2015/16, Passed Senate.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1145 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1145
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by  Sen.  MARCELLINO  -- 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 restora-
   tion of a driver's license in certain cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  510 of the vehicle and traffic law is amended by
 adding a new subdivision 7-a to read as follows:
   7-A.  LICENSE  RESTORATION.  (A)  NOTWITHSTANDING   ANY   INCONSISTENT
 PROVISION  OF  THIS  CHAPTER,  WHEN  A  PERSON  HAS  BEEN CONVICTED OF A
 VIOLATION OF ANY SUBDIVISION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS  CHAPTER  OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT TO A
 VIOLATION OF ANY SUBDIVISION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS  CHAPTER,  OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR VEHICLE AFTER
 HAVING CONSUMED ALCOHOL IN VIOLATION OF SECTION ELEVEN  HUNDRED  NINETY-
 TWO-A  OF  THIS  CHAPTER,  AND AS A RESULT IS SUBJECT TO A REVOCATION OR
 SUSPENSION OF A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN  THIS
 STATE PURSUANT TO THIS SECTION OR SECTION ELEVEN HUNDRED NINETY-THREE OF
 THIS  CHAPTER, THE COMMISSIONER SHALL NOT RESTORE SUCH LICENSE OR PRIVI-
 LEGE UNLESS SUCH PERSON HAS DEMONSTRATED, ON  FORMS  PRESCRIBED  BY  THE
 COMMISSIONER,  THAT HE OR SHE HAS COMPLETELY SATISFIED ALL OF THE APPLI-
 CABLE REQUIREMENTS IMPOSED PURSUANT TO ARTICLE THIRTY-ONE OF THIS  CHAP-
 TER AND ANY OTHER APPLICABLE PROVISION OF THIS CHAPTER, AND HAS COMPLIED
 IN  FULL  WITH  ANY OTHER CONDITIONS OF SENTENCING IMPOSED BY THE COURT,
 INCLUDING, BUT NOT LIMITED TO, THE PAYMENT IN  FULL  OF  ALL  FINES  AND
 MANDATORY SURCHARGES.
   (B)  THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN-
 ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS  OF
 THIS  SUBDIVISION AND PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION ELEVEN
 HUNDRED NINETY-THREE OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06010-01-7

 S. 1145                             2
 
   § 2. Subdivision 2 of section 1193 of the vehicle and traffic  law  is
 amended by adding a new paragraph (g) to read as follows:
   (G)   LICENSE   RESTORATION.   (1)  NOTWITHSTANDING  ANY  INCONSISTENT
 PROVISION OF THIS CHAPTER,  WHEN  A  PERSON  HAS  BEEN  CONVICTED  OF  A
 VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS CHAPTER OR HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER PURSUANT  TO  A
 VIOLATION  OF  ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO-A OF
 THIS CHAPTER, OR HAS BEEN FOUND TO HAVE OPERATED A MOTOR  VEHICLE  AFTER
 HAVING  CONSUMED  ALCOHOL IN VIOLATION OF SECTION ELEVEN HUNDRED NINETY-
 TWO-A OF THIS CHAPTER, AND AS A RESULT IS SUBJECT  TO  A  REVOCATION  OR
 SUSPENSION  OF A LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IN THIS
 STATE PURSUANT TO THIS SECTION OR SECTION FIVE HUNDRED TEN OF THIS CHAP-
 TER, THE COMMISSIONER SHALL NOT RESTORE SUCH LICENSE OR PRIVILEGE UNLESS
 SUCH PERSON HAS DEMONSTRATED, ON FORMS PRESCRIBED BY  THE  COMMISSIONER,
 THAT  HE  OR SHE HAS COMPLETELY SATISFIED ALL OF THE APPLICABLE REQUIRE-
 MENTS IMPOSED PURSUANT TO ARTICLE THIRTY-ONE OF  THIS  CHAPTER  AND  ANY
 OTHER  APPLICABLE  PROVISION  OF  THIS CHAPTER, AND HAS COMPLIED IN FULL
 WITH ANY OTHER CONDITIONS OF SENTENCING IMPOSED BY THE COURT, INCLUDING,
 BUT NOT LIMITED TO, THE PAYMENT IN  FULL  OF  ALL  FINES  AND  MANDATORY
 SURCHARGES.
   (2)  THE COMMISSIONER, IN CONSULTATION WITH THE OFFICE OF COURT ADMIN-
 ISTRATION, SHALL PROMULGATE REGULATIONS TO EFFECTUATE THE PROVISIONS  OF
 THIS  SUBDIVISION AND SUBDIVISION SEVEN-A OF SECTION FIVE HUNDRED TEN OF
 THIS CHAPTER.
   § 3. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1145

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

Mar 13, 2017 - Floor Vote

Floor Vote: Mar 13, 2017

Feb 14, 2017 - Transportation Committee Vote

Transportation Committee Vote: Feb 14, 2017

co-Sponsors

2017-S1145 (ACTIVE) - Details

2017-S1145 (ACTIVE) - Summary

2017-S1145 (ACTIVE) - Sponsor Memo

2017-S1145 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1145

Share this bill

Sponsored By

Carl L. Marcellino

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Elaine Phillips

2017-S1145 (ACTIVE) - Details

2017-S1145 (ACTIVE) - Summary

2017-S1145 (ACTIVE) - Sponsor Memo

2017-S1145 (ACTIVE) - Bill Text download pdf

Comments