S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2703
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law,  in  relation  to  ignition
   interlock devices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph (ii) of paragraph  (b)  of  subdivision  1  of
 section  1193  of the vehicle and traffic law, as amended by chapter 169
 of the laws of 2013, is amended to read as follows:
   (ii) In addition to the imposition of any fine or period of  imprison-
 ment  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 term of probation or conditional discharge, as a
 condition of which it shall order such person to install [and], maintain
 AND REGULARLY USE, 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  conditional 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 AND REGULARLY USED an ignition
 interlock device for at least six months, unless the court ordered  such
 person  to  install [and], maintain AND REGULARLY USE an ignition inter-
 lock 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 operation of a motor
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06230-01-5
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 vehicle by any person whose license or  privilege  to  operate  a  motor
 vehicle has been revoked pursuant to the provisions of this section.
   §  2.  Subparagraph (iii) of paragraph (c) of subdivision 1 of section
 1193 of the vehicle and traffic law, as amended by chapter  169  of  the
 laws of 2013, is amended to read as follows:
   (iii) In addition to the imposition of any fine or period of imprison-
 ment  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
 AND REGULARLY USE, 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  conditional 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 AND REGULARLY USED an ignition
 interlock device for at least six months, unless the court ordered  such
 person  to  install  [and],  maintain  [a] AND REGULARLY USE AN 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 operation 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 (e) of subdivision 2 of section 1193 of the vehicle and
 traffic  law  is  amended  by  adding  a  new  subparagraph 8 to read as
 follows:
   (8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ONCE A
 COURT-ORDERED IGNITION INTERLOCK DEVICE IS INSTALLED, A PERSON MAY START
 THEIR CAR WHILE IT IS PARKED DURING A PERIOD OF  LICENSE  SUSPENSION  OR
 REVOCATION  IN ORDER TO PRESERVE THE BATTERY LIFE OF THE VEHICLE WITHOUT
 INCURRING ANY PENALTY OR FINE OR OTHERWISE VIOLATING THE TERMS OF  THEIR
 SUSPENSION OR REVOCATION.
   §  4.  Subdivision 2 of section 1193 of the vehicle and traffic law is
 amended by adding a new paragraph (g) to read as follows:
   (G) NOTWITHSTANDING ANY OTHER PROVISION OF  THIS  SUBDIVISION,  EXCEPT
 WHERE  A  PERSON'S  LICENSE  HAS  BEEN  PERMANENTLY  REVOKED PURSUANT TO
 SUBPARAGRAPH TWELVE OF PARAGRAPH (B)  OF  THIS  SUBDIVISION,  THE  COURT
 SHALL  HAVE THE DISCRETION TO GRANT A LIMITED CONDITIONAL LICENSE DURING
 THE PERIOD OF LICENSE SUSPENSION OR REVOCATION TO A PERSON WHO HAS  BEEN
 CONVICTED  OF  A  VIOLATION  OR CRIME UNDER THIS ARTICLE IF HOLDING OF A
 VALID LICENSE IS A NECESSARY INCIDENT TO SUCH PERSON'S EMPLOYMENT, BUSI-
 NESS, TRADE, OCCUPATION OR PROFESSION, OR TO THEIR TRAVEL 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  OR
 ENROUTE  TO  AND  FROM  A  MEDICAL EXAMINATION OR TREATMENT AS PART OF A
 NECESSARY MEDICAL TREATMENT FOR SUCH  PARTICIPANT  OR  MEMBER  OF  THEIR
 HOUSEHOLD,  OR TO OR FROM A DEPENDENT CHILD'S SCHOOL OR DAYCARE PROGRAM,
 OR FOR SUCH OTHER ESSENTIAL TRAVEL AS THE COURT MAY DETERMINE BY WRITTEN
 ORDER. SUCH LICENSE SHALL ONLY BE  VALID  FOR  OPERATION  OF  A  VEHICLE
 EQUIPPED WITH A COURT-ORDERED IGNITION INTERLOCK DEVICE INSTALLED, MAIN-
 TAINED AND REGULARLY USED PURSUANT TO THE PROVISIONS OF THIS ARTICLE. IF
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 THE  CONDITIONS  OF  THIS  PARAGRAPH  ARE  VIOLATED BY THE LICENSEE, THE
 LIMITED CONDITIONAL LICENSE  SHALL  BE  RESCINDED,  AND  THE  PERIOD  OF
 LICENSE  SUSPENSION OR REVOCATION SHALL BE REINSTATED AND MUST BE SERVED
 IN  FULL WITH NO CREDIT FOR THE TIME IN WHICH THE PERSON WAS ISSUED SUCH
 LIMITED CONDITIONAL LICENSE.
   § 5. Paragraphs (a) and (b) of subdivision 2 of section  1198  of  the
 vehicle  and traffic law, as amended by chapter 496 of the laws of 2009,
 are amended to read as follows:
   (a) In addition to any other penalties prescribed by  law,  the  court
 shall  require  that any person who has been convicted of a violation of
 subdivision two, two-a or three 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 install
 [and], maintain AND REGULARLY USE, as a condition of probation or condi-
 tional 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  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 AND REGULAR  USE
 of a functioning ignition interlock device, and such person shall there-
 after be subject to the provisions of this section.
   § 6. Paragraph (a) of subdivision 4 of section 1198 of the vehicle and
 traffic  law,  as amended by chapter 169 of the laws of 2013, is amended
 to read as follows:
   (a) Following imposition by the court of the INSTALLATION, MAINTENANCE
 AND REGULAR use of an  ignition  interlock  device  as  a  condition  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. If the person  fails  to
 provide  for  such  proof  of installation, MAINTENANCE AND REGULAR USE,
 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  AND SHALL EXTEND ANY PERIOD OF LICENSE SUSPENSION OR REVOCA-
 TION UNTIL SUCH PROOF OF COMPLIANCE IS PROVIDED  TO  THE  COURT.    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, DID NOT OWN A MOTOR VEHICLE AT THE TIME OF
 ARREST FOR THE SUBJECT VIOLATION, DOES NOT RESIDE WITH A SPOUSE WHO OWNS
 A VEHICLE SUCH PERSON DRIVES AT LEAST OCCASIONALLY, and that [he or she]
 THEY 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.
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   §  7.  This act shall take effect immediately, provided, however, that
 the amendments to section 1198 of the vehicle and traffic  law  made  by
 sections  five  and  six of this act shall not affect the expiration and
 repeal of such section and shall be deemed repealed therewith.