Senate Bill S8728

2017-2018 Legislative Session

Relates to the circumvention of an ignition interlock device

download bill text pdf

Sponsored By

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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2017-S8728 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1198, V & T L
Versions Introduced in Other Legislative Sessions:
2019-2020: S1205
2021-2022: S1895

2017-S8728 (ACTIVE) - Summary

Relates to the circumvention of an ignition interlock device, making the designation and classification of offense for circumventing an interlock device match the underlying offense which required the installation of such device, such offenses shall remain a class A misdemeanor for those that circumvent such device but have no underlying conviction.

2017-S8728 (ACTIVE) - Sponsor Memo

2017-S8728 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8728
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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  circum-
   vention of an ignition interlock device
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 9 of section 1198 of the vehi-
 cle and traffic law, as amended by chapter 496 of the laws of  2009,  is
 amended to read as follows:
   (e)  In  addition to any other provisions of law, any person convicted
 of a violation of paragraph (a), [(b),] (c), or (d) of this  subdivision
 shall be guilty of [a Class A misdemeanor] AN OFFENSE OF THE SAME DESIG-
 NATION  AND  CLASSIFICATION AS THE OFFENSE FOR WHICH THE INSTALLATION OF
 SUCH IGNITION INTERLOCK DEVICE WAS ORDERED, PROVIDED, HOWEVER,  IF  SUCH
 OFFENSE  WAS  A  FELONY  THEN THE FELONY CLASSIFICATION OF THE VIOLATION
 PURSUANT TO THIS PARAGRAPH SHALL BE AT THE DISCRETION OF  THE  PRESIDING
 JUDGE  BASED UPON ANY AGGRAVATING FACTORS SUCH JUDGE DEEMS RELEVANT.  IN
 ADDITION TO ANY OTHER PROVISIONS OF  LAW,  ANY  PERSON  CONVICTED  OF  A
 VIOLATION  OF PARAGRAPH (B) OR (C) OF THIS SUBDIVISION WHO HAS NO UNDER-
 LYING CONVICTION WHICH LED TO THE INSTALLATION OF AN IGNITION  INTERLOCK
 DEVICE SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, that the amendments to section 1198 of  the
 vehicle and traffic law made by section one of this act shall not affect
 the repeal of such section and shall be deemed repealed therewith.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15756-02-8

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