Provides for the continuation of use of ignition interlock device where a person upon whom such use was imposed as a condition of probation remains delinquent

BILL NUMBER:S5173

Title of bill

An act to amend the penal law, in relation to an ignition interlock device as a condition of probation or conditional discharge

This measure is being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure.

This measure would amend section 65.15 of the Penal Law to provide that where a sentence includes a condition that an ignition interlock device (IID) be installed and maintained on a vehicle the defendant owns or operates, and where a declaration of delinquency is later filed, the sentence condition will continue in effect during the period of any delinquency. It also provides that the court may extend the installation period by the period of the delinquency.

The Child Passenger Protection Act (Leandra's Law) provides, in relevant part, that a defendant convicted of a DWI offense under VTL §§ 1192(2), (2-a) or (3) must be sentenced to a period of probation or conditional discharge that includes a condition that the defendant install an ignition interlock device (IID) on any automobile he or she owns or operates (L. 2009, c. 496). The statute requires the court to maintain the interlock condition for at least twelve months, but may release the defendant from the condition if the defendant establishes the successful completion of at least six months (L. 2013, c. 169; VTL §§ 1193(1)(b)(ii) and (1)(c)(iii)). As written, the statute does not link the term of the condition of the IID device to the term of probation or conditional discharge. As a practical matter, sentencing judges often impose a specific time period that the condition of an IID device must be maintained. Where a defendant is accused of violating a condition of probation, and the court issues a declaration of delinquency, there is no automatic extension of the end date of the IID condition nor express provision that would require a defendant to maintain the device during the period of the delinquency. Therefore, a defendant may inappropriately benefit when violating a sentencing condition if the court files a declaration of delinquency.

This measure would require a defendant to maintain the IID device during the period of any declaration of delinquency and would authorize the court to extend the period of the condition by the period of delinquency. Defendant, however, will be credited for any period where the ignition interlock device is actually installed and maintained during the delinquency period.

This measure, which would have no fiscal impact on the public treasury, would take effect immediately.

2014 Legislative History:

OCA 2014-92 Senate 7428 (Sen. Nozzolio) (Passed)