Creates the mandatory ignition interlock program; repealer

Section 2. Section 1198 of the vehicle and traffic law is repealed and a new section 1198 is added To establish a mandatory ignition interlock program for all driving while intoxicated offenders.

*Sub. 2(a) Requires those that have been convicted of violating section 1192-2, 2-A, 3, 4a (where alcohol is involved), 5 or 6 to install, at their own cost, an ignition interlock device in all vehicles which they use.

*Sub. 2(b) Explicitly states that this law does not apply to 1192-1 (Driving While Ability Impaired.)

*Sub. 2(c) allows for additional sentencing or the application of any other fines, penalties, programs, conditions of probation or conditional discharge or other sanctions.

*Sub. 2(d) mandates that an offender who declines to obtain a license must obtain a motorist's identification card from the DMV.

*Sub. 2(e) Sets periods of probation depending on the number of offenses. First offense with a BAC of .08 to .11 for a period of three months, with a BAC of .12 to .17 for a period of six months, and for a BAC of .18 or higher would result in a minimum one year probation with ignition interlock. Second offense would result in a minimum of three years probation and interlock. A third offense would result in a minimum of five years probation and interlock. A fourth offense would result in a minimum of ten years probation and interlock.

*Sub. 3(a) Sets conditions by which the Commissioner of the Department of Motor Vehicle can authorize post revocation conditional licenses.

*Sub.3(b) allows for an application of license after the termination of the period of required ignition interlock has been fulfilled.

*Sub. 3(c) Sets conditions in which a post revocation conditional license may be used.

*Sub. 3(d) Provides for circumstances in which the commissioner may revoke a post revocation conditional license.

*Sub. 4(a) Provides that the court will require proof of compliance by the person required to install an ignition interlock device.

*Sub. 4(b) Provides that the Court shall notify the Commissioner of DMV.

*Sub. 5(a) Requires that the cost of the ignition interlock be borne by the person subject to the condition in addition to any fines applicable.

*Sub. 5(b) Requires the installation service provider and subject of condition to be responsible for the function of the device.

*Sub. 5(c) provides a repayment mechanism for those who can not afford an ignition interlock device and relieves probation departments from that duty if the service provider offers a repayment plan.

*Sub. 6 provides for the Commissioner of Health to approve ignition interlock devices and to publish a list of approved devices.

*Sub. 7(a) Provides that this section applies to all vehicles operated by a person subject to this law to include: owned, leased, rented or loaned.

*Sub. 7(b) Prohibits a person from knowingly renting, leasing, or lending a motor vehicle to someone subject to the provision of this condition.

*Sub. 7(c) provides that violation of Sub. 7(a) is a misdemeanor.

*Sub. 7(d) Provides that violation of Sub. 7(b) is a misdemeanor.

*Sub. 8(a) Provides that no person shall request, solicit or allow another to blow into the ignition interlock device for them.

*Sub. 8(b) Provides that no person shall blow into an ignition interlock system to start a vehicle for a person subject to this law.

*Sub. 8(c) Provides that no person shall tamper with the device.

*Sub. 8(d) Provides that any person convicted of Sub. 9 (a - c) shall be guilty of a misdemeanor and must pay a fine of not less than a thousand dollars.

*Sub. 8(e) Provides that a person arrested for a violation of Sub. 8(a) or (b) shall immediately loose their license for a period of one year.

*Sub. 9 Allows for the commissioner of the Department of Motor Vehicles to revoke a license for sufficient cause.

*Sub. 10 Provides for the department of health to design a warning label to be placed on the ignition interlock device regarding tampering with the device.

Section 3. Amends the State Finance Law adding new section 99-q, creating the Mandatory Ignition Interlock Fund for the purpose of continued and future funding of the program.

-Sub. 1 Provides that the Fund shall be operated by NYS Division of Probation and Correction Alternatives.

-Sub. 2 Provides for an addition fee of $50.00 to be assessed against anyone convicted of an alcohol or drug related infraction.

-Sub. 3 Provides that courts shall forward fees to the fund on a as-need basis.

-Sub. 3 (a-d) Sets forth perameters regarding the use of moneys from the Fund.

Section 4. Sub 1. Directs the NYS Division of Probation and Correction Alternative to create, amend and/or repeal any and all rules or regulations for the purpose of implementing this act on or before the effective date.

*Sub. 1(a) Directs the Division to set rules and regulations for the management, operation and investment of the Fund.

*Sub. 1(b) Directs the Division create a grant process as prescribed in sub 3 of section 99-q.

*Sub. 1(c) Directs the Division to set rules and regulations for the efficient operation of this act.

-Sub. 2 Provides that the Division will audit each county's Mandatory Ignition Interlock Program on a biannual basis and compile a report detailing the progress of the programs which will be submitted to the legislature, governor, attorney general and comptroller.

Section 5. Severability Clause.

Section 6. Effective date.

Existing law

Current law allows all counties within the state to operate ignition interlock programs. Those convicted of Aggravated DWI (.18 BAC and over), who are sentenced to probation must install and maintain ignition interlock devices.

Justification

More than 20 years ago the State of New York embarked on an ambitious pilot program to introduce the new technology of ignition interlock devices for the purpose of keeping repeat drunk drivers off of our streets. Since then the law has evolved, been improved and as of 2007, made prominent. While overall rates of Driving While Intoxicated (DWI have decreased in the last 20 to 30 years, the last decade has seen a stagnation in continuing reductions.

According to a number of statistical surveys, including the National Highway Safety Board, the New York State Police, Stop-DWI New York and the New York District Attorney's Association, the frequency of high blood alcohol content (BAC) arrests has increased in recent years. This precipitated the 2006 enactment of Aggravated Driving While Intoxicated (.18 BAC and over) Law and enactment in 2007 of the Aggravated Vehicular Homicide/Assault Law.

These statistics indicate that along with an increase in high BAC arrests there has been a corresponding increase in recidivism amongst this group. While the current law does provide for ignition interlock for anyone convicted of Aggravated Driving While Intoxicated so long as they have been given probation as a term of their sentencing it does not cover all possible offenders and leaves a population of probable re-offenders unobserved.

The State of New Mexico mandates participation in an ignition interlock program by everyone convicted of DWI. A 2008 study conducted by the National Highway Safety Transportation Administration and the Pacific Institute of Research and Analysis found that recidivism rates for DWI in that state had dropped by 60 percent since the program was established.

If enacted in New York, the ignition interlock law would provide judges, prosecutors, law enforcement, parole-and correction officials with an alternative tool to deter and monitor a potentially dangerous population by providing for mandatory ignition interlock and probation for everyone convicted of Driving While Intoxicated.

The legislation also provides for a funding mechanism which would charge any person convicted of a drug or alcohol related offense a $50.00 surcharge which would be dedicated to the Ignition Interlock Fund maintained by the Division of Probation and Correction Alternative and shall provide for continued and future support to include updating of equipment and hiring of more probationary staff.

Legislative history

2008: Similar legislation passed the Senate (S.8036/ A.10846)

Fiscal implications

Not determined.

Local fiscal implications

Not determined.

Effective date

This bill shall take effect April 1, 2010. All departments and divisions of the state mentioned herein are hereby authorized and directed to create, amend and/or repeal any and all rules or regulation necessary for the implementation of this act on or before the effective date.