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Full text
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Title of bill
An act to amend the penal law, in relation to creating the crime of unlawful lending of a motor vehicle and to amend the vehicle and traffic law, in relation to impoundment of a motor vehicle
Summary
Section 1 creates the new offense of unlawful lending of a motor vehicle. It prohibits vehicle owners from knowingly permitting the use of their vehicle by a person whose license has been suspended or revoked as the result of an alcohol-related offense. The offense is an A misdemeanor. Section 2 requires the impoundment of the vehicle of driver who registers a blood-alcohol content (BAC) of .10 or more in a chemical test at the time of arrest, where the driver either (1) has been convicted of two previous alcohol-related driving offenses, or (2) was driving without a valid license. Impoundment must be ordered at arraignment, and shall last the shorter of 30 days or the duration of the prosecution. Defendants are granted the opportunity to rebut the court's finding that reasonable cause exists to order a suspension. The vehicle owner, while he or she was not the operator, is given the opportunity to petition the court for the return of the vehicle, provided that he or she (1) is not charged with unlawfully lending the vehicle to the operator, and (2) has paid all costs related to the impoundment and storage of the vehicle. This section ensures that all costs related to vehicle impoundment and storage under this provision are paid by either the operator or the vehicle owner before the vehicle can be returned. Section 3 makes this legislation effective the first day of November after it is enacted into law.
Justification
DWI related injuries and deaths have been increasing at an alarming rate. This bill would essentially create a three strikes and you're out for drunk drivers. It would require vehicle impoundment upon the third felony DWI conviction within a five year period. Very often, the vehicle utilized in the crime is borrowed from another individual, who should also be held accountable for the crime. In addition, the legislation ensures that all costs related to vehicle impoundment and storage of the vehicle.
Fiscal implication
None.
Effective date
The first of November after it has become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.