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S3108Senate2009-2010 SessionSame asA774

Requires that any person convicted of an alcohol related offense be required to participate in the ignition interlock device program

Sponsor Craig M. JohnsonSD-7+2 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Craig M. Johnson

Senator · Senate District 7

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A774Assembly

Requires that any person convicted of an alcohol related offense be required to participate in the ignition interlock device program

In Assembly Committee · Transportation · Sponsor Aileen Gunther

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to requiring all individuals convicted of an alcohol related offense to participate in the ignition interlock device program

Purpose

Amends the current law on ignition interlock device program from applying to only seven counties to requiring that all persons convicted of an alcohol related offense be required to participate in the ignition interlock device program.

Summary of provision

Subdivisions 1 and 2 and paragraph (a) of subdivision 4 of section 1198 of the Vehicle and Traffic Law, and subdivision 2 and paragraph (a) of subdivision 4 and paragraph (a) of subdivision 2, and paragraph (c) of subdivision i-a of section 1193 are amended by removing the seven individual counties and language allowing other counties the option to implement the program and substituting language that the Ignition Interlock Device program shall apply to all persons convicted of a violation of this section or section eleven hundred ninety-eight-a of this article and that the court "shall" require the program as a condition of such "sentence or" probation "regardless of when such person's probation was ordered."

Existing law

Under existing law, the Ignition Interlock device program applies only to persons sentenced by a court located in the counties of Albany, Erie, Nassau, Onondaga, Monroe, Westchester or Suffolk. Existing law also allows the remaining counties to implement the program is so desired. The existing law states that in addition to any other penalties prescribed by law, the court "may" require that a person install and maintain as a condition of probation, a functioning ignition interlock device. If the person convicted does not comply with the order to provide proof of installation of the device, the court, in existing law, may revoke, modify or terminate the person's sentence of probation.

Justification

The main reason why people continue to drive drunk today, despite 26 years of intense public education and law enforcement's best efforts, is because they can. Research shows that one of the most effective ways of stopping convicted drunk drivers from continuing to drive drunk is through currently available interlock devices.

Only one out of eight convicted drunk drivers each year currently get the device. There are approximately 100,000 interlocks currently in service in the us. Interlocks have been shown to be effective in Maryland, California and elsewhere with results ranging from 50 to 90 percent reductions in subsequent offenses by those offenders who were assigned interlock devices, compared with those who were not.

Current law does not require the sentencing of all offenders to participate in the Ignition Interlock Program; By amending the Vehicle and Traffic Law to require the installation of the Ignition Interlock Device for all individuals convicted of an alcohol related offense, subsequent offenses by those offenders will be reduced. Most importantly, lives will be saved by ensuring that those convicted will not be able to drive while under the influence.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Ninety days after it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.