S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4591
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08994-01-9

 A. 4591                             2
 
 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
 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.

 A. 4591                             3
 
   (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
 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.