Provides that the condition of maintenance and installation of an ignition interlock device shall terminate at the end of six months

1 Co-sponsor

• Charles J. Fuschillo Jr.

BILL NUMBER:S5567A

Title of bill

An act to amend the vehicle and traffic law, in relation to maintenance and installation of ignition interlock devices

Purpose

To clarify and improve provisions of the mandatory ignition interlock law passed in 2009, known as Leandra's Law, to require that individuals sentenced to install interlock devices in their vehicles must do so for a period of six months or be without their driver's license for a period commensurate with their probation.

Summary of provisions

Section 1 amends subparagraph (ii) of paragraph (b) of subdivision 1 of section 1193 of the vehicle and traffic law to include language stating: The condition of maintenance and installation of an ignition interlock device shall terminate at the end of a period of continuous maintenance of six months, or more as determined by the court, or the end of the period of probation or conditional discharge, whichever is earlier.

Section 2 amends subparagraph (iii) of paragraph (c) of subdivision 1 of section 1193 of vehicle and traffic law in the same manner as section 1 of the bill

Section 3 amends paragraph (a) of subdivision 3 of section 1198 of the vehicle and traffic law to require that the sentencing court notify the Department of Motor Vehicles that an individual has installed an ignition interlock device.

Section 4 is the effective date.

Justification

Current law, while it has been proven to be an effective tool in deterring drunk driving, contains a loophole that allows violators to simply give up their license for a period of six months instead of installing the ignition interlock device. Current law says that at the end of six months after conviction, a violator can get his or her license back without having to install an ignition interlock device. In order for Leandra's Law to be as effective as possible this legislation is necessary to deter violators from simply choosing to give up their license for a relatively short period of time. Unfortunately, the statistics have shown that many drivers are choosing to give up their license for six months - taking their chances behind the wheel in hopes they will not be pulled over. This legislation will make that choice less likely and force more people to follow the original intent of the law that requires them to install the ignition interlock device. It will also ensure that the Department of Motor Vehicles is properly notified when a person complies with the provisions of Leandra's Law.

Legislative history

New Bill.

Effective date

This act shall take effect ninety days after it shall have become law.