NY State Senate Bill 2017-S2982

Senate Bill S2982

2017-2018 Legislative Session

Relates to revocation of drivers' licenses and registrations for driving while intoxicated convictions

download bill text pdf

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 18, 2017	referred to transportation

2017-S2982 (ACTIVE) - Details

See Assembly Version of this Bill:: A2345
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1193 & 401, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4036, A6878
2013-2014: S7175, A2279
2015-2016: S2807, A4039
2019-2020: A4591
2021-2022: A6921
2023-2024: A5182

2017-S2982 (ACTIVE) - Summary

Relates to revocation of driver's licenses and registrations for multiple driving while intoxicated convictions; automatic 10 year license revocation for 3rd offense.

2017-S2982 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2982

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to revocation of drivers' licenses and registrations for
driving while intoxicated convictions

 PURPOSE :

To establish a system to prevent repeat offenders of the driving while
intoxicated laws from continuing to operate their vehicles by linking
the revocation of drivers' licenses for three such convictions with
that of the vehicle registration.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends subparagraph 12 of paragraph (b) of
subdivision 2 of section 1193 of the Vehicle and Traffic Law to remove
the references to certain time frames for multiple convictions that
would make an individual subject to license revocation.

Section 2 of this bill adds a new subdivision 5-b to section 401 of
the Vehicle and Traffic Law establishing the revocation and denial of
vehicle registration based on the suspension or revocation of a
driver's license.

Section 3 of this bill adds a new subdivision 3 to section 1193 of the

Vehicle and Traffic Law by establishing registration sanctions
including the surrender of number plates upon the third conviction of
any subdivision of section 1192 of the Vehicle and Traffic Law related
to driving while intoxicated.

Section 4 of this bill provides that this act shall take effect on the
first of November next succeeding the date on which it shall have
become a law.

 EXISTING LAW :

Current law deals with license revocation but does not provide for
these certain instances being removed and does not deal with these
specific sanctions.

 JUSTIFICATION :

Drunk driving is the most frequently committed crime in the United
States. About every 30 minutes, someone is killed in an
alcohol-related crash. More than 350 people are killed in New York
State each year as a result of drunk driving.

According to the National Highway Safety Institute, repeat offenders
account for a large portion of the drunk driving problem. One-third of
all driving while intoxicated (DWI) arrests each year involve people
who have been previously convicted of DWI.

The Institute estimates that license suspension or revocation reduces
alcohol fatalities by about 6.5 percent because even though many
people with suspended licenses continue to drive, they generally drive
less often.

In an attempt to further reduce crashes and fatalities committed by
repeat offenders and hardcore drinkers who drive with high blood
alcohol concentrations (often one in the same) some states have looked
at different types of sanctions. For example, California's
implementation of a process of vehicle impoundment has resulted in
substantially fewer offenses including convictions and crashes
committed by repeat offenders.

Currently, in New York State Law there are no provisions that directly
tie vehicle registration to licensing sanctions. This measure would
require the surrender of license plates by those convicted of driving
while intoxicated three or more times regardless of when they
occurred. By denying repeat offenders with suspended licenses the
ability to continue driving illegally, this legislation will reduce
crashes, lower insurance costs, and save lives.

 LEGISLATIVE HISTORY :

2016: S.2807 - Referred to Transportation/A.4039 - Referred to
Transportation
2015: S.2807 - Referred to Transportation/A.4039 - Referred to
Transportation
2014: S.7175 - Referred to Transportation
2012: S.4036 - Referred to Transportation/A.6878 - Referred to
Transportation
2011: S.4036 - Passed the Senate/ .6878 - Referred to Transportation

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2017-S2982 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2982                                                  A. 2345
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 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 -- 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
 convictions  and  findings  of refusal not arising out of the same inci-
 dent; or (ii) [within the previous eight years]  been  convicted  [three

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

                                                            LBD04245-01-7

 S. 2982                             2                            A. 2345

 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
 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

 S. 2982                             3                            A. 2345
 
 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.
   § 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.
   §  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
 COMMISSIONER.  SUCH REVOCATION OF REGISTRATION SHALL REMAIN IN EFFECT AS

 S. 2982                             4                            A. 2345
 
 LONG AS THE  SUSPENSION,  REVOCATION  OR  WITHDRAWAL  OF  SUCH  DRIVER'S
 LICENSE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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