S. 775--A 2
million drivers from attempting to drive after consuming enough alcohol
to trigger the IID's set point. Over the same time period in New York -
even despite the poor compliance rate - IIDs prevented more than 111,000
legally drunk drivers and foiled an additional 439,427 attempts by
convicted drunk drivers who attempted to start a vehicle after consuming
alcohol.
(b) Reduced recidivism. A 2016 University of Pennsylvania study found
that alcohol-related fatalities decreased by 15% in states with all-of-
fender interlock laws. Similarly, a 2016 California study concluded that
ignition interlock devices are seventy-four percent more effective in
reducing DWI recidivism than license suspension alone during the first
six months after conviction and forty-five percent more effective over
the course of a year.
4. Given the empirical data that favors the use of the IID as a condi-
tion of sentence, either in conjunction with or instead of license revo-
cation, the legislature finds that New York has fallen significantly
behind other states that utilize IIDs to promote public safety and
support rehabilitative efforts. Accordingly, the legislature declares
that to further advance public safety, New York must adopt best prac-
tices consistent with the data for model use of the ignition interlock
device as a proven method for saving lives and promoting rehabilitation.
§ 2. Paragraph (c) of subdivision 1 of section 1193 of the vehicle
and traffic law, as amended by chapter 169 of the laws of 2013, and
subparagraph (ii-a) as added by chapter 191 of the laws of 2014, is
amended to read as follows:
(c) Felony offenses. (i) A person who operates a vehicle (A) in
violation of subdivision two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four or four-a of such
section 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, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a of
section eleven hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation of subdivision
two, two-a, three, four or four-a of such section 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, twice within the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of not less than two
thousand dollars nor more than ten thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
S. 775--A 3
(ii-a) A person who operates a vehicle in violation of subdivision
two, two-a, three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation of subdivi-
sion two, two-a, three, four or four-a of such section 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, three or more times within the preceding fifteen years, shall
be guilty of a class D felony, and shall be punished by a fine of not
less than two thousand dollars nor more than ten thousand dollars or by
a period of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
[(iii) In addition to the imposition of any fine or period of impri-
sonment set forth in this paragraph, the court shall also sentence such
person convicted of, or adjudicated a youthful offender for, a violation
of subdivision two, two-a or three of section eleven hundred ninety-two
of this article to a period of probation or conditional discharge, as a
condition of which it shall order such person to install and maintain,
in accordance with the provisions of section eleven hundred ninety-eight
of this article, an ignition interlock device in any motor vehicle owned
or operated by such person during the term of such probation or condi-
tional discharge imposed for such violation of section eleven hundred
ninety-two of this article and in no event for a period of less than
twelve months; provided, however, that such period of interlock
restriction shall terminate upon submission of proof that such person
installed and maintained an ignition interlock device for at least six
months, unless the court ordered such person to install and maintain a
ignition interlock device for a longer period as authorized by this
subparagraph and specified in such order. The period of interlock
restriction shall commence from the earlier of the date of sentencing,
or the date that an ignition interlock device was installed in advance
of sentencing. Provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the provisions of
this section.]
§ 3. Paragraph (g) of subdivision 1 of section 1193 of the vehicle and
traffic law, as amended by section 57 of part A of chapter 56 of the
laws of 2010, is amended to read as follows:
(g) CONDITION OF PROBATION AND CONDITIONAL DISCHARGE; IGNITION INTER-
LOCK DEVICE REQUIREMENTS; ALTERNATIVE SENTENCE AUTHORIZED. (1) DEFI-
NITIONS. FOR THE PURPOSES OF PARAGRAPHS (G) THROUGH (M) OF THIS SUBDIVI-
SION, THE TERMS DEFINED IN SUBDIVISION ONE-A OF SECTION ELEVEN HUNDRED
NINETY-EIGHT OF THIS ARTICLE SHALL BE APPLICABLE.
(2) IGNITION INTERLOCK DEVICE; SENTENCE. IN ADDITION TO THE IMPOSI-
TION OF ANY FINE OR PERIOD OF IMPRISONMENT AS SET FORTH IN THIS SUBDIVI-
SION AND TO ANY LICENSE SANCTION IMPOSED PURSUANT TO SUBDIVISION TWO OF
THIS SECTION, THE COURT SHALL SENTENCE SUCH PERSON CONVICTED OF, OR
ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF SUBDIVISION TWO,
TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE TO A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, THE CONDI-
TIONS OF WHICH SHALL INCLUDE THE FOLLOWING:
(I) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH-
OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FROM A QUALIFIED MANUFACTUR-
ER FOR A PERIOD OF TWELVE MONTHS OR LONGER, PURSUANT TO THE REQUIREMENTS
S. 775--A 4
OF THIS PARAGRAPH AND PARAGRAPH (C) OF SUBDIVISION ONE-A OF THIS
SECTION, AND WHICH SHALL RUN CONCURRENTLY WITH ANY PERIOD OF LICENSE
SANCTION; AND
(II) SUCH PERSON SHALL INSTALL AND MAINTAIN IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN
IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OPERATED BY SUCH PERSON
FOR A PERIOD OF TWELVE MONTHS OR LONGER AS SET FORTH IN SUBPARAGRAPH
FOUR OF THIS PARAGRAPH, INCLUDING THE ONE HUNDRED EIGHTY DAYS AFTER A
LICENSE HAS BEEN RESTORED; PROVIDED, HOWEVER, A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE
FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR
A PERIOD OF ONE HUNDRED TWENTY CONSECUTIVE DAYS AFTER THE RESTORATION OF
THE OPERATOR'S LICENSE, SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS
OF PROBATION OR CONDITIONAL DISCHARGE RELATING TO THE IGNITION INTERLOCK
REQUIREMENTS SET FORTH IN THIS PARAGRAPH. THE PERIOD OF INTERLOCK
RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK
DEVICE SHALL HAVE BEEN INSTALLED.
(3) IGNITION INTERLOCK DEVICE; ALTERNATIVE SENTENCE. NOTWITHSTANDING
THE PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARAGRAPH AND SUBDIVISION TWO
OF THIS SECTION RELATING TO LICENSE SANCTIONS, A COURT MAY, UPON MOTION
OF THE DEFENDANT, IMPOSE AN ALTERNATIVE SENTENCE UPON SUCH PERSON
CONVICTED OF, OR ADJUDICATED A YOUTHFUL OFFENDER FOR, A VIOLATION OF
SUBDIVISION TWO, TWO-A, THREE OR FOUR-A OF SECTION ELEVEN HUNDRED NINE-
TY-TWO OF THIS ARTICLE, A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE,
THE CONDITIONS OF WHICH SHALL INCLUDE THE FOLLOWING:
(I) A CONDITIONAL WAIVER OF THE LICENSE SANCTION PROVISIONS OF SUBDI-
VISION TWO OF THIS SECTION;
(II) AN EXPRESS PROHIBITION FROM OPERATING ANY VEHICLE WITHOUT A FUNC-
TIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWELVE MONTHS OR LONG-
ER PURSUANT TO THE REQUIREMENTS OF THIS PARAGRAPH AND PARAGRAPH (C) OF
SUBDIVISION ONE-A OF THIS SECTION; AND
(III) AN ORDER THAT SUCH PERSON INSTALL AND MAINTAIN, IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTI-
CLE, AN IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED
BY SUCH PERSON FOR A PERIOD OF TWELVE MONTHS OR LONGER, AS SET FORTH IN
SUBPARAGRAPH FOUR OF THIS PARAGRAPH; PROVIDED, HOWEVER, A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE
FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR
A PERIOD OF THREE HUNDRED CONSECUTIVE DAYS SHALL BE DEEMED TO HAVE
SATISFIED THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE RELATING
TO THE IGNITION INTERLOCK REQUIREMENTS AS SET FORTH IN THIS PARAGRAPH.
THE PERIOD OF INTERLOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH
IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. THE ALTERNATIVE
SENTENCE SET FORTH HEREIN MAY BE REVOKED BY THE COURT FOR CAUSE. THIS
SENTENCE NOT BE IMPOSED ON ANY OFFENDER WHO IS SUBJECT TO THE ADDITIONAL
PENALTIES SET FORTH IN PARAGRAPH (A) OR (B) OF SUBDIVISION ONE-A OF THIS
SECTION OR WHO SHALL HAVE ALSO BEEN CONVICTED OF A VIOLATION OF ANY
PROVISION OF ARTICLE ONE HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF
THE PENAL LAW INVOLVING THE OPERATION OF A MOTOR VEHICLE.
(4) LICENSE RESTORATION. WHEN A SENTENCE IS IMPOSED PURSUANT TO
SUBPARAGRAPH TWO OR THREE OF THIS PARAGRAPH, IN NO EVENT SHALL THE
COMMISSIONER RESTORE THE LICENSE OF ANY SUCH PERSON UNTIL THE COMMIS-
SIONER RECEIVES A CERTIFICATE OF COMPLETION CERTIFYING THAT SUCH PERSON
HAS OPERATED THE MOTOR VEHICLE FREE OF ANY EVENTS SET FORTH IN PARAGRAPH
(J) OF THIS SUBDIVISION FOR THE APPLICABLE TIME PERIODS IMPOSED PURSUANT
TO SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH. NON-COMPLIANCE WITH
S. 775--A 5
THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN PARAGRAPH (J) OF THIS
SUBDIVISION SHALL CAUSE THE RESPECTIVE PERIOD OF OPERATION TO RESET FROM
THE DATE OF ANY SUCH VIOLATION.
(H) DRIVING WHILE ABILITY IMPAIRED BY ALCOHOL; IGNITION INTERLOCK
DEVICE REQUIREMENT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHEN A PERSON IS CHARGED WITH A VIOLATION OF SUBDIVISION TWO,
TWO-A, THREE, OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE AND A PLEA OF GUILTY SHALL HAVE BEEN ENTERED IN SATISFACTION OF
SUCH CHARGE TO A VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE, AND THE PERSON HAS EITHER: (1) HAD A PRIOR
CONVICTION FOR A VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE WITHIN THE PREVIOUS TEN YEARS; (2) REGISTERED
A BAC OF .13 OR MORE; (3) HAS REFUSED TO SUBMIT TO A CHEMICAL TEST OF
HIS OR HER BLOOD, BREATH, URINE OR SALIVA PURSUANT TO THE PROVISIONS OF
SECTION ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE, OR (4) THE UNDERLY-
ING CHARGE INVOLVED THE COMBINED USE OF DRUGS AND ALCOHOL, THE CONDI-
TIONS OF SUCH PLEA SHALL INCLUDE AN EXPRESS PROHIBITION ON THE OPERATION
OF ANY MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR
A PERIOD OF SIX MONTHS, AND WHICH SHALL RUN CONCURRENTLY WITH ANY PERIOD
OF LICENSE SANCTION, AND THAT SUCH PERSON SHALL INSTALL AND MAINTAIN AN
IGNITION INTERLOCK DEVICE FOR A PERIOD OF NOT LESS THAN SIX MONTHS ON
ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH PERSON. IF THE COURT
ACCEPTS THE PLEA TO THE REDUCED CHARGE, THE COURT SHALL SENTENCE SUCH
PERSON TO A CONDITIONAL DISCHARGE WHICH SHALL INCLUDE SUCH REQUIREMENT
IN ADDITION TO ANY FINE REQUIRED BY THIS ARTICLE AND ANY OTHER CONDITION
AUTHORIZED BY LAW OR OTHERWISE IMPOSED BY THE COURT. A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED THE MOTOR VEHICLE
FREE OF ANY EVENTS AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION FOR
A PERIOD OF NINETY CONSECUTIVE DAYS AFTER THE DATE OF INSTALLATION,
SHALL BE DEEMED TO HAVE SATISFIED THE CONDITIONS OF SUCH PLEA RELATING
TO THE IGNITION INTERLOCK REQUIREMENTS SET FORTH IN THIS PARAGRAPH. THE
PERIOD OF INTERLOCK RESTRICTION SHALL BE DEEMED TO COMMENCE FROM THE
DATE SUCH IGNITION INTERLOCK DEVICE SHALL HAVE BEEN INSTALLED. IF SUCH
PERSON IS FOUND TO HAVE VIOLATED THE TERMS OF THE USE OF SUCH IGNITION
INTERLOCK DEVICE AS SET FORTH IN PARAGRAPH (J) OF THIS SUBDIVISION, SUCH
NINETY DAY PERIOD SHALL RESET FROM THE DATE OF ANY SUCH VIOLATION.
(I) PERMANENT REVOCATION; IGNITION INTERLOCK REQUIREMENT. A PERSON
SUBJECT TO A PERMANENT LICENSE REVOCATION PURSUANT TO A PROVISION OF
THIS CHAPTER OR ANY RULE PROMULGATED PURSUANT TO THIS CHAPTER, WHEN THE
UNDERLYING BASIS FOR THE PERMANENT REVOCATION RELATES TO TWO OR MORE
VIOLATIONS OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AND/OR
REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED
NINETY-FOUR OF THIS ARTICLE, SUCH PERSON SHALL BE ENTITLED TO APPLY TO
THE COMMISSIONER FOR A POST-REVOCATION CONDITIONAL LICENSE PROVIDED THAT
THE PERSON HAS NOT WITHIN THE PAST TWENTY-FIVE YEARS BEEN CONVICTED OF A
VIOLATION OF ARTICLE ONE HUNDRED TWENTY OR ARTICLE ONE HUNDRED TWENTY-
FIVE OF THE PENAL LAW RELATED TO THE OPERATION OF A MOTOR VEHICLE, AND
THE PERSON HAS BEEN SUBJECT TO A LICENSE REVOCATION FOR NOT LESS THAN
FIVE YEARS AND HAS NOT, DURING THAT PERIOD, BEEN CONVICTED OF A
VIOLATION OF THIS CHAPTER REGARDING THE OPERATION OF A MOTOR VEHICLE.
UPON APPLICATION, THE COMMISSIONER SHALL PROVIDE SUCH APPLICANT WITH A
POST-REVOCATION CONDITIONAL LICENSE SUBJECT TO THE FOLLOWING CONDITIONS:
(1) SUBMISSION OF PROOF THAT ALL SANCTIONS IMPOSED AS A RESULT OF THE
PREVIOUS CONVICTIONS HAVE BEEN SATISFIED, INCLUDING BUT NOT LIMITED TO,
COMPLETION OF THE IMPAIRED DRIVING PROGRAM AND/OR PROOF OF REHABILITA-
TIVE EFFORT, WHERE EITHER OR BOTH ARE REQUIRED, PAYMENT OF ALL FINES AND
S. 775--A 6
MANDATORY SURCHARGES, AND PAYMENT OF ANY RESTITUTION REQUIRED AS A
RESULT OF SUCH CONVICTIONS;
(2) AN EXPRESS PROHIBITION ON THE OPERATION OF ANY MOTOR VEHICLE WITH-
OUT A FUNCTIONING IGNITION INTERLOCK DEVICE FOR A PERIOD OF TWENTY-FOUR
MONTHS AS SET FORTH IN THIS PARAGRAPH; AND
(3) SUCH PERSON SHALL INSTALL AND MAINTAIN IN ACCORDANCE WITH THE
PROVISIONS OF SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE, AN
IGNITION INTERLOCK DEVICE IN ANY MOTOR VEHICLE OWNED OR OPERATED BY SUCH
PERSON, FOR A PERIOD OF TWENTY-FOUR MONTHS. WHERE ALL OTHER CONDITIONS
OR THE SENTENCE HAVE BEEN SATISFIED PURSUANT TO SUBPARAGRAPH ONE OF THIS
PARAGRAPH, THERE SHALL BE A REBUTTABLE PRESUMPTION OF REHABILITATION FOR
THE PURPOSE OF PETITIONING THE COMMISSIONER FOR RESTORATION OF THE OPER-
ATOR'S LICENSE TO OPERATE A MOTOR VEHICLE UPON A CERTIFICATE OF
COMPLETION CERTIFYING THAT SUCH PERSON HAS OPERATED SUCH MOTOR VEHICLE
FREE OF ANY VIOLATIONS OF THIS CHAPTER, EXCEPTING VIOLATIONS RELATED TO
STANDING, STOPPING OR PARKING, AND HAS BEEN FREE OF ANY EVENTS SET FORTH
IN PARAGRAPH (J) OF THIS SUBDIVISION DURING THE POST-REVOCATION CONDI-
TIONAL LICENSE PERIOD. A VIOLATION OF SECTION FIVE HUNDRED ELEVEN OF
THIS CHAPTER, ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS
ARTICLE, OR REFUSAL TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION
ELEVEN HUNDRED NINETY-FOUR OF THIS ARTICLE DURING THE POST-REVOCATION
CONDITIONAL LICENSE PERIOD WILL RESULT IN IMMEDIATE REVOCATION OF SUCH
LICENSE SUBJECT TO THE RULES OF THE COMMISSIONER. THE PERIOD OF INTER-
LOCK RESTRICTION SHALL COMMENCE ON THE DATE THAT SUCH IGNITION INTERLOCK
DEVICE SHALL HAVE BEEN INSTALLED.
(J) NON-COMPLIANCE WITH IGNITION INTERLOCK REQUIREMENTS. FOR PURPOSES
OF PARAGRAPHS (G), (H) AND (I) OF THIS SUBDIVISION, THE FOLLOWING EVENTS
SHALL BE DEEMED TO BE NON-COMPLIANT WITH THE IGNITION INTERLOCK DEVICE
REQUIREMENTS:
(1) ANY VIOLATION OF THE PROVISIONS SET FORTH IN SUBDIVISION NINE OF
SECTION ELEVEN HUNDRED NINETY-EIGHT OF THIS ARTICLE REGARDING CIRCUM-
VENTING OR TAMPERING WITH AN IGNITION INTERLOCK DEVICE OR OPERATING A
VEHICLE WITHOUT A FUNCTIONING INTERLOCK DEVICE, REGARDLESS OF THE UNDER-
LYING BASIS FOR THE IGNITION INTERLOCK REQUIREMENT; OR
(2) A CERTIFIED VIOLATION ON A FORM PROVIDED BY THE DIVISION OF CRIMI-
NAL JUSTICE SERVICES THAT SUCH PERSON HAS:
(I) ATTEMPTED TO START HIS OR HER VEHICLE WHEN THE START-UP TEST
RESULTED IN A BLOOD ALCOHOL CONCENTRATION LEVEL OF AT OR ABOVE THE SET
POINT OF .025, UNLESS A SUBSEQUENT TEST PERFORMED WITHIN TEN MINUTES
THEREAFTER REGISTERS A BLOOD ALCOHOL CONCENTRATION LEVEL LOWER THAN THE
SET POINT AND THE DIGITAL IMAGE PROVIDED CONFIRMS THAT THE SAME PERSON
PROVIDED BOTH SAMPLES;
(II) MISSED ANY RANDOM TEST, UNLESS A REVIEW OF THE DIGITAL IMAGE
CONFIRMS THAT SUCH VEHICLE WAS NOT OCCUPIED BY THE DRIVER AT THE TIME OF
THE MISSED TEST;
(III) FAILED ANY RANDOM TEST OR RE-TEST, UNLESS A SUBSEQUENT TEST
PERFORMED WITHIN TEN MINUTES REGISTERS A BLOOD ALCOHOL CONCENTRATION
LEVEL BELOW THE SET POINT OF .025, AND THE DIGITAL IMAGE CONFIRMS THAT
THE SAME PERSON PROVIDED BOTH SAMPLES; OR
(IV) FAILED TO APPEAR AT THE INSTALLATION/SERVICE PROVIDER FOR INSTAL-
LATION OR FOR A SERVICE VISIT WHEN REQUIRED FOR MAINTENANCE, REPAIR,
CALIBRATION, MONITORING, INSPECTION, OR REPLACEMENT OF SUCH DEVICE. WHEN
APPLICABLE, A CERTIFICATE OF NON-COMPLIANCE SHALL BE ACCOMPANIED BY A
CONTEMPORANEOUS DIGITAL IMAGE VERIFYING THE IDENTITY OF THE VIOLATOR.
(K) DURATION OF IGNITION INTERLOCK REQUIREMENT. IN ANY CASE SET FORTH
IN THIS SUBDIVISION WHERE THE PERIOD OF THE IGNITION INTERLOCK REQUIRE-
S. 775--A 7
MENT EXCEEDS THE PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, AND THE
COURT HAS NOT OTHERWISE EXTENDED ITS JURISDICTION OVER THE MATTER, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT TO THE ADMINISTRATIVE
JURISDICTION OF THE COMMISSIONER AND ANY RULE PROMULGATED BY THE COMMIS-
SIONER TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
(L) IGNITION INTERLOCK DEVICE REQUIREMENTS; TERMS OF IMPRISONMENT.
WHEN A SENTENCE IMPOSED PURSUANT TO THIS SUBDIVISION INCLUDES A TERM OF
IMPRISONMENT, THE SATISFACTION OF SUCH TERM OF IMPRISONMENT SHALL NOT
REDUCE OR OTHERWISE LIMIT THE REQUIREMENTS SET FORTH IN PARAGRAPH (G) OF
THIS SUBDIVISION.
(M) A PERSON WHO HAS SUCCESSFULLY SATISFIED THE IGNITION INTERLOCK
REQUIREMENTS SET FORTH IN PARAGRAPH (G) OR (H) OF THIS SUBDIVISION SHALL
NO LONGER BE SUBJECT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED NINE-
TY-NINE OF THIS ARTICLE RELATING TO THE DRIVER RESPONSIBILITY ASSESSMENT
AND ANY FEE PAID BY SUCH PERSON PURSUANT TO SUCH SECTION SHALL BE
RETURNED BY THE COMMISSIONER UPON SATISFACTORY PROOF OF COMPLIANCE.
(N) The office of probation and correctional alternatives shall recom-
mend to the commissioner of the division of criminal justice services
regulations governing the monitoring of compliance by persons ordered to
install and maintain ignition interlock devices to provide standards for
monitoring by departments of probation, and options for monitoring of
compliance by such persons, that counties may adopt as an alternative to
monitoring by a department of probation.
§ 4. Paragraph (c) of subdivision 1-a of section 1193 of the vehicle
and traffic law, as amended by chapter 669 of the laws of 2007, is
amended to read as follows:
(c) A court sentencing a person pursuant to paragraph (a) or (b) of
this subdivision shall: (i) order, AS A CONDITION OF SUCH SENTENCE, 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 paragraph (b) of subdivision two of this section, and, upon
the termination of such revocation period, for an additional period as
determined by the court OR AS OTHERWISE PROVIDED IN PARAGRAPH (G) OF
SUBDIVISION ONE OF THIS SECTION; 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 subdivision three of section eleven hundred nine-
ty-eight-a of this article. Any person ordered to install an ignition
interlock device pursuant to this paragraph shall be subject to PARA-
GRAPH (G) OF SUBDIVISION ONE OF THIS SECTION AND the provisions of
subdivisions four, five, seven, eight and nine of section eleven hundred
ninety-eight of this article.
§ 5. Subdivisions 1, 2, 3, 4 and 5 of section 1198 of the vehicle and
traffic law, subdivisions 1, 2, 3, 4 and paragraph (a) of subdivision 5
as amended by chapter 496 of the laws of 2009, paragraph (a) of subdivi-
sion 4 as amended by chapter 169 of the laws of 2013, and subdivision 5
as amended by chapter 669 of the laws of 2007, are amended and a new
subdivision 1-a is added to read as follows:
1. Applicability. The provisions of this section shall apply through-
out the state to each person required or otherwise ordered by a court as
S. 775--A 8
a condition of SENTENCE, PLEA, probation or conditional discharge, WHICH
SHALL PROHIBIT THE OPERATION OF A MOTOR VEHICLE WITHOUT A FUNCTIONING
IGNITION INTERLOCK DEVICE AND REQUIRES SUCH PERSON to install and [oper-
ate] MAINTAIN an ignition interlock device in any vehicle [which he or
she owns or operates] OWNED OR OPERATED BY SUCH PERSON.
1-A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION AND SUBDIVISION ONE
OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) THE TERM "BLOOD ALCOHOL CONCENTRATION" OR "BAC" SHALL MEAN THE
WEIGHT AMOUNT OF ALCOHOL CONTAINED IN A UNIT VOLUME OF BLOOD, MEASURED
AS GRAMS ETHANOL/ONE HUNDRED MILLILITERS BLOOD, AND EXPRESSED AS %
BAC.
(B) THE TERM "CERTIFICATE OF COMPLETION" SHALL MEAN A DOCUMENT ISSUED
BY THE MONITOR AFTER THE CONCLUSION OF THE IGNITION INTERLOCK PERIOD SET
BY THE CRIMINAL COURT, INCLUDING ANY EXTENSIONS OR MODIFICATIONS AS
MAY HAVE SUBSEQUENTLY OCCURRED WHICH SHOWS EITHER SATISFACTORY
COMPLETION OF THE IGNITION INTERLOCK CONDITION OR A CHANGE BY THE COURT
IN A PRE-SENTENCE ORDER NO LONGER REQUIRING THE NEED FOR A DEVICE, OR A
CHANGE IN THE CONDITIONS OF PROBATION OR CONDITIONAL DISCHARGE NO
LONGER REQUIRING THE NEED FOR A DEVICE AFTER COMPLETION OF THE IGNITION
INTERLOCK PERIOD AS SET FORTH IN SECTION ELEVEN HUNDRED NINETY-THREE OF
THIS ARTICLE.
(C) THE TERM "CIRCUMVENT" SHALL MEAN TO REQUEST, SOLICIT OR ALLOW
ANY OTHER PERSON TO BLOW INTO AN IGNITION INTERLOCK DEVICE OR TO START
A MOTOR VEHICLE EQUIPPED WITH THE DEVICE, FOR THE PURPOSE OF PROVIDING
THE OPERATOR WHOSE DRIVING PRIVILEGES IS SO RESTRICTED WITH AN OPER-
ABLE MOTOR VEHICLE, OR TO BLOW INTO AN IGNITION INTERLOCK DEVICE OR
START A MOTOR VEHICLE EQUIPPED WITH THE DEVICE FOR THE PURPOSE OF
PROVIDING AN OPERABLE MOTOR VEHICLE TO A PERSON WHOSE DRIVING PRIV-
ILEGE IS SO RESTRICTED OR TO TAMPER WITH AN OPERABLE IGNITION INTERLOCK
DEVICE.
(D) THE TERM "COUNTY" SHALL MEAN EVERY COUNTY OUTSIDE OF THE CITY OF
NEW YORK, AND THE CITY OF NEW YORK AS A WHOLE.
(E) THE TERM "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL
JUSTICE SERVICES.
(F) THE TERM "DRINKING DRIVER PROGRAM" OR "IMPAIRED DRIVER PROGRAM"
SHALL MEAN AN ALCOHOL AND DRUG REHABILITATION PROGRAM ESTABLISHED PURSU-
ANT TO SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE.
(G) THE TERM "FAILED TESTS" SHALL MEAN A START-UP RE-TEST OR ROLL-
ING RE-TEST AT OR ABOVE THE SET POINT, OR A MISSED ROLLING RE-TEST.
(H) THE TERM "IGNITION INTERLOCK MONITOR" OR "MONITOR" SHALL MEAN
THE LOCAL PROBATION DEPARTMENT WHERE THE OPERATOR IS UNDER INTERIM
PROBATION SUPERVISION OR PROBATION OR ANY PERSON OR ENTITY DESIGNATED IN
THE COUNTY'S IGNITION INTERLOCK PROGRAM PLAN FOR ANY OPERATOR GRANTED
CONDITIONAL DISCHARGE OR OTHERWISE REQUIRED TO INSTALL AN IGNITION
INTERLOCK DEVICE WHO MONITORS COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION AND THE CONCURRENT REGULATIONS RELATED THERETO.
(I) THE TERM "INSTALLATION/SERVICE PROVIDER" SHALL MEAN AN ENTITY
LOCATED IN THE STATE APPROVED BY A QUALIFIED MANUFACTURER THAT INSTALLS,
SERVICES, AND/OR REMOVES AN IGNITION INTERLOCK DEVICE.
(J) THE TERM "OPERATOR" SHALL MEAN A PERSON WHO IS SUBJECT TO INSTAL-
LATION OF AN IGNITION INTERLOCK DEVICE ARISING FROM A CHARGE OR
CONVICTION UNDER THIS ARTICLE OR THE PENAL LAW, WHERE A VIOLATION OF
THIS ARTICLE IS AN ESSENTIAL ELEMENT THEREOF, OR ARISING FROM A YOUTH-
FUL ADJUDICATION OF ANY SUCH OFFENSE.
S. 775--A 9
(K) THE TERM "OWNED OR OPERATED" SHALL REFER TO A VEHICLE OWNED BY THE
PERSON REQUIRED BY A COURT TO INSTALL AN IGNITION INTERLOCK DEVICE AS A
CONDITION OF PROBATION OR CONDITIONAL DISCHARGE OR, ALTERNATIVELY, THE
VEHICLE MOST REGULARLY OPERATED BY SUCH PERSON REGARDLESS OF REGISTRA-
TION OR TITLE.
(L) THE TERM "QUALIFIED MANUFACTURER" SHALL MEAN A MANUFACTURER OR
DISTRIBUTOR OF AN IGNITION INTERLOCK DEVICE CERTIFIED BY THE DEPART-
MENT OF HEALTH WHICH HAS SATISFIED THE SPECIFIC OPERATIONAL REQUIREMENTS
HEREIN AND HAS BEEN APPROVED AS AN ELIGIBLE VENDOR BY THE DIVISION IN
THE DESIGNATED REGION WHERE THE COUNTY IS LOCATED.
(M) THE TERM "RANDOM TEST" SHALL INCLUDE A START-UP RE-TEST, A ROLLING
TEST, OR ROLLING RE-TEST AS THOSE TERMS ARE DEFINED HEREIN.
(N) THE TERM "START-UP TEST" SHALL MEAN A BREATH TEST TAKEN BY THE
OPERATOR TO MEASURE THE OPERATOR'S BLOOD ALCOHOL CONCENTRATION PRIOR
TO STARTING THE VEHICLE'S IGNITION.
(O) THE TERM "START-UP RE-TEST" SHALL MEAN A BREATH TEST TAKEN BY THE
OPERATOR TO MEASURE THE OPERATOR'S BLOOD ALCOHOL CONCENTRATION REQUIRED
WITHIN FIVE TO FIFTEEN MINUTES OF A FAILED START-UP TEST.
(P) THE TERM "ROLLING TEST" SHALL MEAN A BREATH TEST, ADMINISTERED AT
RANDOM INTERVALS, TAKEN BY THE OPERATOR WHILE THE VEHICLE IS RUNNING.
(Q) THE TERM "ROLLING RE-TEST" SHALL MEAN A BREATH TEST, TAKEN BY THE
OPERATOR WHILE THE VEHICLE IS RUNNING, WITHIN ONE TO THREE MINUTES AFTER
A FAILED OR MISSED ROLLING TEST.
(R) THE TERM "FAILED ROLLING RE-TEST" SHALL MEAN A ROLLING RE-TEST IN
WHICH THE OPERATOR'S BAC IS AT OR ABOVE THE SET POINT.
(S) THE TERM "MISSED ROLLING RE-TEST" SHALL MEAN FAILURE TO TAKE THE
ROLLING RE-TEST WITHIN THE TIME PERIOD ALLOTTED TO DO SO.
(T) THE TERM "SERVICE VISIT" SHALL MEAN A VISIT BY THE OPERATOR OR
ANOTHER DRIVER OF THE SUBJECT VEHICLE TO OR WITH THE
INSTALLATION/SERVICE PROVIDER FOR PURPOSES OF HAVING THE IGNITION INTER-
LOCK DEVICE INSPECTED FOR REPAIR, DEFECT, AND DETECTION OF TAMPERING
AND/OR CIRCUMVENTION, DOWNLOADED, RECALIBRATED, OR MAINTAINED.
(U) THE TERM "SET POINT" SHALL MEAN A PRE-SET OR PRE-DETERMINED BAC
SETTING AT WHICH, OR ABOVE, THE DEVICE WILL PREVENT THE IGNITION OF A
MOTOR VEHICLE FROM OPERATING. FOR THE PURPOSES OF THIS SECTION AND
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE,
THE SET POINT SHALL BE A BAC OF .025.
(V) THE TERM "TAMPER" SHALL MEAN TO ALTER, DISCONNECT, PHYSICALLY
DISABLE, REMOVE, DEFACE, OR DESTROY AN IGNITION INTERLOCK DEVICE OR ANY
OF ITS COMPONENT SEALS.
2. Requirements. (a) In addition to any other penalties prescribed by
law, the court shall require that any person who has been convicted [of]
OR ADJUDICATED A YOUTHFUL OFFENDER FOR a violation of subdivision two,
two-a [or], three OR FOUR-A of section eleven hundred ninety-two of this
article, or any crime defined by this chapter or the penal law of which
an alcohol-related violation of any provision of section eleven hundred
ninety-two of this article is an essential element, [to] SHALL NOT OPER-
ATE A MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE AND
SHALL install and maintain, as a condition of PLEA, SENTENCE, probation
or conditional discharge, a functioning ignition interlock device in
accordance with the provisions of this section and, as applicable, in
accordance with the provisions of subdivisions one and one-a of section
eleven hundred ninety-three of this article; provided, however, the
court may not authorize the operation of a motor vehicle by any person
whose license or privilege to operate a motor vehicle has been revoked
except as provided herein. For any such individual subject to a sentence
S. 775--A 10
of probation, installation and maintenance of such ignition interlock
device shall be a condition of probation.
(b) Nothing contained in this section shall prohibit a court, upon
application by a probation department, from modifying the conditions of
probation of any person convicted of any violation set forth in para-
graph (a) of this subdivision prior to the effective date of this
section, to require the installation and maintenance of a functioning
ignition interlock device, and such person shall thereafter be subject
to the provisions of this section.
[(c) Nothing contained in this section shall authorize a court to
sentence any person to a period of probation or conditional discharge
for the purpose of subjecting such person to the provisions of this
section, unless such person would have otherwise been so eligible for a
sentence of probation or conditional discharge.]
3. Conditions. (a) [Notwithstanding any other provision of law] EXCEPT
AS OTHERWISE PROVIDED FOR SENTENCES IMPOSED PURSUANT TO PARAGRAPH (G) OF
SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-THREE OF THIS ARTICLE,
the commissioner may grant a post-revocation conditional license, as set
forth in paragraph (b) of this subdivision, to a person who has been
convicted of a violation of subdivision two, two-a [or], three OR FOUR-A
of section eleven hundred ninety-two of this article and who has been
sentenced to a period of probation or conditional discharge, provided
the person has satisfied the minimum period of license revocation estab-
lished by law and the commissioner has been notified that such person
may operate only a motor vehicle equipped with a functioning ignition
interlock device. No such request shall be made nor shall such a
license be granted, however, if such person has been found by a court to
have committed a violation of section five hundred eleven of this chap-
ter during the license revocation period or deemed by a court to have
violated any condition of probation or conditional discharge set forth
by the court relating to the operation of a motor vehicle or the
consumption of alcohol. In exercising discretion relating to the issu-
ance of a post-revocation conditional license pursuant to this subdivi-
sion, the commissioner shall not deny such issuance based solely upon
the number of convictions for violations of any subdivision of section
eleven hundred ninety-two of this article committed by such person with-
in the ten years prior to application for such license. Upon the termi-
nation of the period of probation or conditional discharge set by the
court, the person may apply to the commissioner for restoration of a
license or privilege to operate a motor vehicle in accordance with this
chapter.
(b) Notwithstanding any inconsistent provision of this chapter, a
post-revocation conditional license granted pursuant to paragraph (a) of
this subdivision shall be valid only for use by the holder thereof, (1)
[enroute] EN ROUTE to and from the holder's place of employment, (2) if
the holder's employment requires the operation of a motor vehicle then
during the hours thereof, (3) [enroute] EN ROUTE to and from a class or
course at an accredited school, college or university or at a state
approved institution of vocational or technical training, (4) to and
from court ordered probation activities, (5) to and from a motor vehicle
office for the transaction of business relating to such license, (6) for
a three hour consecutive daytime period, chosen by the department, on a
day during which the participant is not engaged in usual employment or
vocation, (7) [enroute] EN ROUTE to and from a medical examination or
treatment as part of a necessary medical treatment for such participant
or member of the participant's household, as evidenced by a written
S. 775--A 11
statement to that effect from a licensed medical practitioner, (8)
[enroute] EN ROUTE to and from a class or an activity which is an
authorized part of the alcohol and drug rehabilitation program and at
which participant's attendance is required, and (9) [enroute] EN ROUTE
to and from a place, including a school, at which a child or children of
the participant are cared for on a regular basis and which is necessary
for the participant to maintain such participant's employment or enroll-
ment at an accredited school, college or university or at a state
approved institution of vocational or technical training.
(c) The post-revocation conditional license described in this subdivi-
sion may be revoked by the commissioner for sufficient cause including
but not limited to, failure to comply with the terms of the condition of
probation or conditional discharge set forth by the court, conviction of
any traffic offense other than one involving parking, stopping or stand-
ing [or], conviction of any alcohol or drug related offense, misdemeanor
or felony, ANY VIOLATION OF THIS ARTICLE WITH RESPECT TO OPERATING A
MOTOR VEHICLE WITHOUT A FUNCTIONING IGNITION INTERLOCK DEVICE WHEN
REQUIRED TO DO SO, or failure to install or maintain a court ordered
ignition interlock device.
(d) Nothing contained herein shall prohibit the court from requiring,
as a condition of probation or conditional discharge, the installation
of a functioning ignition interlock device in any vehicle owned or oper-
ated by a person sentenced for a violation of subdivision two, two-a,
[or] three OR FOUR-A of section eleven hundred ninety-two of this [chap-
ter] ARTICLE, or any crime defined by this chapter or the penal law of
which an alcohol-related violation of any provision of section eleven
hundred ninety-two of this [chapter] ARTICLE is an essential element, if
the court in its discretion, determines that such a condition is neces-
sary to ensure the public safety. Imposition of an ignition interlock
condition shall in no way limit the effect of any period of license
suspension or revocation set forth by the commissioner or the court.
(e) Nothing contained herein shall prevent the court from applying any
other conditions of probation or conditional discharge allowed by law,
including treatment for alcohol or drug abuse, restitution and community
service.
(f) The commissioner shall note on the operator's record of any person
restricted pursuant to this section that, in addition to any other
restrictions, conditions or limitations, such person may operate only a
motor vehicle equipped with an ignition interlock device.
4. Proof of compliance and recording of condition. (a) Following
imposition by the court of the use of an ignition interlock device as a
condition PLEA, SENTENCE, of probation or conditional discharge it shall
require the person to provide proof of compliance with this section to
the court and the probation department or other monitor where such
person is under probation or conditional discharge supervision. A CLAIM
BY SUCH PERSON THAT HE OR SHE HAS GOOD CAUSE FOR NOT INSTALLING AN
IGNITION INTERLOCK DEVICE SHALL BE MADE TO THE COURT AT OR BEFORE
SENTENCING, IN WRITING IN THE FORM OF A SWORN AFFIDAVIT SIGNED BY SUCH
PERSON ASSERTING UNDER OATH THAT: (1) HE OR SHE IS NOT THE REGISTERED OR
TITLED OWNER OF ANY MOTOR VEHICLE AND WILL NOT OPERATE ANY MOTOR VEHICLE
DURING THE PERIOD OF RESTRICTION; AND (2) THAT SUCH PERSON DOES NOT HAVE
ACCESS TO THE VEHICLE OPERATED BY SUCH PERSON AT THE TIME OF THE
VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE; AND (C)
THAT THE REGISTERED OWNER OF THAT VEHICLE OR ANY VEHICLE REGISTERED TO
SUCH PERSON'S HOUSEHOLD WILL NOT GIVE CONSENT FOR THE INSTALLATION OF AN
INTERLOCK DEVICE ON HIS OR HER VEHICLE. THE AFFIDAVIT SHALL INCLUDE A
S. 775--A 12
STATEMENT REGARDING WHETHER SUCH PERSON OWNED ANY MOTOR VEHICLE ON THE
DATE OF THE UNDERLYING VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OF
THIS ARTICLE AND WHETHER OWNERSHIP OF ANY OF THOSE VEHICLES HAS BEEN
TRANSFERRED TO ANOTHER PARTY BY SALE, GIFT OR ANY OTHER MEANS SINCE THE
DATE OF SAID VIOLATION. THE AFFIDAVIT SHALL ALSO INCLUDE A STATEMENT
FROM SUCH PERSON THAT HE OR SHE HAS NOT AND WILL NOT TRANSFER OWNERSHIP
OF ANY VEHICLE TO EVADE INSTALLATION OF AN IGNITION INTERLOCK DEVICE,
THE ADDRESS OF SUCH PERSON'S EMPLOYMENT, IF APPLICABLE, AND HOW SUCH
PERSON INTENDS TO TRAVEL TO THAT LOCATION DURING THE PERIOD OF
RESTRICTION. THE PERSON ALSO MAY INCLUDE ANY OTHER FACTS AND CIRCUM-
STANCES HE OR SHE BELIEVES TO BE RELEVANT TO THE CLAIM OF GOOD CAUSE.
THE COURT SHALL MAKE A FINDING WHETHER GOOD CAUSE EXISTS ON THE RECORD
AND, IF GOOD CAUSE SHALL BE FOUND, ISSUE SUCH FINDING IN WRITING TO BE
FILED BY SUCH PERSON WITH THE PROBATION DEPARTMENT OR THE IGNITION
INTERLOCK MONITOR, AS APPROPRIATE. IN THE EVENT THE COURT DENIES SUCH
PERSON'S CLAIM OF GOOD CAUSE ON THE BASIS OF THE AFFIDAVIT FILED WITH
THE COURT, SUCH PERSONS SHALL BE GIVEN AN OPPORTUNITY TO BE HEARD. SUCH
PERSON SHALL ALSO BE PERMITTED TO WAIVE THE OPPORTUNITY TO BE HEARD, IF
HE OR SHE CHOOSES TO DO SO. If [the] A person SHALL BE ORDERED TO
INSTALL AND MAINTAIN AN IGNITION INTERLOCK DEVICE, AND SUCH PERSON fails
to provide for such proof of installation, absent a finding by the court
of good cause for that failure which is entered in the record, the court
may revoke, modify, or terminate the person's sentence of probation or
conditional discharge as provided under law. [Good cause may include a
finding that the person is not the owner of a motor vehicle if such
person asserts under oath that such person is not the owner of any motor
vehicle and that he or she will not operate any motor vehicle during the
period of interlock restriction except as may be otherwise authorized
pursuant to law.] "Owner" shall have the same meaning as provided in
section one hundred twenty-eight of this chapter.
(b) When a court imposes the condition specified in subdivision one of
this section, the court shall notify the commissioner in such manner as
the commissioner may prescribe, and the commissioner shall note such
condition on the operating record of the person subject to such condi-
tions.
5. Cost, installation and maintenance. (a) The cost of installing and
maintaining the ignition interlock device shall be borne by the person
subject to such condition unless the court determines such person is
financially unable to afford such cost whereupon such cost may be
imposed pursuant to a payment plan or waived. In the event of such
waiver, the cost of the device shall be borne in accordance with regu-
lations issued under paragraph (g) of subdivision one of section eleven
hundred ninety-three of this article or pursuant to such other agreement
as may be entered into for provision of the device. Such cost shall be
considered a fine for the purposes of subdivision five of section 420.10
of the criminal procedure law. Such cost shall not replace, but shall
instead be in addition to, any fines, surcharges, or other costs imposed
pursuant to this chapter or other applicable laws.
(b) The installation and service provider of the device shall be
responsible for the installation, calibration, and maintenance of such
device.
(C) FAILURE TO INSTALL SUCH DEVICE, FAILURE TO APPEAR FOR A SERVICE
VISIT OR FAILURE TO COMPLY WITH SERVICE INSTRUCTIONS OR CIRCUMVENTION OF
OR TAMPERING WITH THE DEVICE, IN VIOLATION OF REGULATIONS PROMULGATED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL CONSTITUTE A VIOLATION
S. 775--A 13
OF THE CONDITIONS OF A PERSON'S SENTENCE, PROBATION OR CONDITIONAL
DISCHARGE.
§ 6. Paragraph (k-1) of subdivision 2 of section 65.10 of the penal
law, as amended by chapter 669 of the laws of 2007, is amended to read
as follows:
(k-1) Install and maintain a functioning ignition interlock device, as
that term is defined in section one hundred nineteen-a of the vehicle
and traffic law, in any vehicle owned or operated by the defendant [if
the court in its discretion determines that such a condition is neces-
sary to ensure the public safety. The court may require such condition
only where a person has been convicted of a violation of subdivision
two, two-a or three of section eleven hundred ninety-two of the vehicle
and traffic law, or any crime defined by the vehicle and traffic law or
this chapter of which an alcohol-related violation of any provision of
section eleven hundred ninety-two of the vehicle and traffic law is an
essential element. The offender shall be required], PROVIDED THE COURT
SHALL REQUIRE THE DEFENDANT to install and operate the ignition inter-
lock device [only] in accordance with THE PROVISIONS OF PARAGRAPHS (G),
(H), (J) AND (L) OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-
THREE AND section eleven hundred ninety-eight of the vehicle and traffic
law.
§ 7. The division of criminal justice services is authorized and
directed to compile and publish annually a report on its website of the
total number of repeat convictions with respect to violations of section
1192 of the vehicle and traffic law for the five years succeeding the
effective date of this act, and shall also include the total number of
repeat convictions for the five years preceding the effective date in
such report. The division is authorized and directed to coordinate with
any other agency, authority, department, division, bureau, or political
subdivision to compile this information, including without limitation
the governor's highway traffic safety committee.
§ 8. The commissioner of the division of criminal justice services, in
consultation with the commissioner of the department of motor vehicles,
shall promulgate any rules or regulations necessary to effectuate the
provisions of this act.
§ 9. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, provided, however,
that the amendments to section 1198 of the vehicle and traffic law made
by section five of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
