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See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
753
2003-2004 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2003
___________
Introduced by M. of A. PRETLOW, GROMACK, CALHOUN -- Multi-Sponsored by
-- M. of A. BRENNAN, CLARK, GALEF, HOOPER, McLAUGHLIN, WRIGHT -- read
once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to the
seizure of vehicles after driving while intoxicated convictions and to
amend the vehicle and traffic law, in relation to the revocation of
licenses for driving while intoxicated offenses and the denial of
vehicle registration after three driving while intoxicated offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1310 of the civil practice law and rules is amended
2 by adding a new subdivision 15 to read as follows:
3 15. "INTOXICATION OFFENSE" MEANS A CONVICTION FOR A VIOLATION OF
4 SUBDIVISION TWO OR THREE OF SECTION ONE THOUSAND ONE HUNDRED NINETY-TWO
5 OF THE VEHICLE AND TRAFFIC LAW.
6 S 2. Subdivision 1 of section 1311 of the civil practice law and rules
7 is amended by adding a new paragraph (c) to read as follows:
8 (C) AN ACTION RELATING TO AN INTOXICATION OFFENSE MUST BE GROUNDED
9 UPON A CONVICTION OF AN INTOXICATED OFFENSE, AS PROVIDED FOR BY THIS
10 PARAGRAPH. IF A DEFENDANT HAS BEEN CONVICTED OF HIS OR HER SECOND INTOX-
11 ICATION OFFENSE, ANY AND ALL VEHICLES REGISTERED TO HIM OR HER SHALL BE
12 FORFEITED FOR A PERIOD OF SIX MONTHS. IF SUCH VEHICLE IS ALSO USED BY A
13 MEMBER OF THE DEFENDANT`S HOUSEHOLD, THE HOUSEHOLD MEMBER SHALL POST A
14 BOND OF NOT LESS THAN ONE THOUSAND DOLLARS TO BE SURRENDERED IN THE
15 EVENT THAT THE DEFENDANT IS FOUND TO BE DRIVING SUCH VEHICLE. IF A
16 DEFENDANT HAS BEEN CONVICTED OF HIS OR HER THIRD INTOXICATION OFFENSE,
17 ANY AND ALL VEHICLES REGISTERED TO HIM SHALL BE FORFEITED AND NOTWITH-
18 STANDING THE PROVISIONS OF SECTION ONE THOUSAND THREE HUNDRED FORTY-NINE
19 OF THIS ARTICLE, SUCH VEHICLE OR VEHICLES SHALL BE SOLD WITH THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD02698-01-3
A. 753 2
1 PROCEEDS OF SUCH SALE GOING TO THE COUNTY OF JURISDICTION`S DRIVING
2 WHILE INTOXICATED PROGRAM.
3 S 3. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
4 traffic law, as amended by section 1 of chapter 312 of the laws of 1994,
5 is amended to read as follows:
6 (c) Reissuance of licenses; restrictions. (1) Except as otherwise
7 provided in this paragraph, where a license is revoked pursuant to para-
8 graph (b) of this subdivision, no new license shall be issued after the
9 expiration of the minimum period specified in such paragraph, except in
10 the discretion of the commissioner.
11 (2) Where a license is revoked pursuant to subparagraph two, three or
12 eight of paragraph (b) of this subdivision for a violation of subdivi-
13 sion four of section eleven hundred ninety-two of this article, and
14 where the individual does not have a driver`s license or the individ-
15 ual`s license was suspended at the time of conviction or youthful offen-
16 der or other juvenile adjudication, the commissioner shall not issue a
17 new license nor restore the former license for a period of six months
18 after such individual would otherwise have become eligible to obtain a
19 new license or to have the former license restored; provided, however,
20 that during such delay period the commissioner may issue a restricted
21 use license pursuant to section five hundred thirty of this chapter.
22 (3) In no event shall a new license be issued where a person has been
23 twice convicted of a violation of subdivision TWO, three or four of
24 section eleven hundred ninety-two of this article or of driving while
25 intoxicated or of driving while ability is impaired by the use of a drug
26 where physical injury, as defined in section 10.00 of the penal law, has
27 resulted from such offense in each instance.
28 S 4. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and
29 traffic law, as amended by section 2 of chapter 312 of the laws of 1994,
30 is amended to read as follows:
31 (c) Reissuance of licenses; restrictions. Where a license is revoked
32 pursuant to paragraph (b) of this subdivision, no new license shall be
33 issued after the expiration of the minimum period specified in such
34 paragraph, except in the discretion of the commissioner; provided,
35 however, that in no event shall a new license be issued where a person
36 has been twice convicted of a violation of subdivision TWO, three or
37 four of section eleven hundred ninety-two of this article or of driving
38 while intoxicated or of driving while ability is impaired by the use of
39 a drug where physical injury, as defined in section 10.00 of the penal
40 law, has resulted from such offense in each instance.
41 S 5. Section 401 of the vehicle and traffic law is amended by adding a
42 new subdivision 22 to read as follows:
43 22. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR ANY OTHER LAW,
44 NO VEHICLE MAY BE REGISTERED BY AN INDIVIDUAL WHO HAS BEEN CONVICTED
45 THREE TIMES OF A VIOLATION OF SUBDIVISIONS TWO AND THREE OF SECTION ONE
46 THOUSAND ONE HUNDRED NINETY-TWO OF THIS CHAPTER.
47 S 6. This act shall take effect immediately; provided, however, that
48 sections one, two and five of this act shall take effect on the first of
49 November next succeeding the date on which it shall have become a law
50 and shall apply to offenses committed on or after such date; provided
51 further however, that the amendment to paragraph (c) of subdivision 2 of
52 section 1193 of the vehicle and traffic law made by section four of this
53 act shall take effect on the same date as such paragraph takes effect
54 pursuant to section 9 of chapter 533 of the laws of 1993, as amended.
.SO DOC A 753 *END* BTXT 2003
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