What's happening
This bill requires court consent before the Department of Motor Vehicles can issue a conditional license after certain driving suspensions.
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Who cares
Headline styles
Tougher Penalties for Conditional License
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to transportation
- 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.
Tougher Rules for Conditional Licenses
In Assembly Committee · Transportation · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6185
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to sanctions for driving while ability impaired while holding a conditional license
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Clause d of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 251 of the laws of 2007, is amended to read as follows:
d. Notwithstanding any contrary provision of this chapter, if any suspension occurring under this subparagraph has been in effect for a period of thirty days, [the holder may be issued] the department may, with the consent of the court, issue a conditional license, in accordance with section eleven hundred ninety-six of this article, provided the holder of such license is otherwise eligible to receive such conditional license. A conditional license issued pursuant to this subparagraph shall not be valid for the operation of a commercial motor vehicle. The commissioner shall prescribe by regulation the procedures for the issuance of such conditional license.
§ 2. This act shall take effect one year after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00466-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to sanctions for driving while ability impaired while holding a conditional license
Purpose
Requires judicial discretion for the issuance of a conditional license.
Summary of provisions
Section 1. provides for judicial consent at the time of issuance of a conditional license.
Section 2. Effective date
Justification
Currently 30 days following arraignment of a Driving While Intoxicated charge offenders receive a conditional license granting them the privi- lege to again operate a motor vehicle. The only provision to disqualify a person from receiving a conditional license is if that offender was enrolled in a Drinking Driver Program within the last five years.
On February 22, 2009 Suffolk County police Officer Glen Ciano was killed after being hit by a vehicle driven by Jose Borbon, who earlier in the year was charged with Driving While Intoxicated. Due to lackadaisical process in which conditional licenses are issued, Jose Borbon's privi- lege to operate a motor vehicle was reinstated just 30 days following his original Driving While Intoxicated Charge.
This legislation will require each case be reviewed on a case by case basis to ensure that the licensee does not in fact pose a threat to society by temporarily receiving a conditional license.
Legislative history
2017: S.6185 - Referred to Transportation/A.4416- Referred to Transpor- tation 2016: S.3470 - Referred to Transportation/A.6986- Referred to Transpor- tation 2015: S.3470 - Referred to Transportation/A.6986- Referred to Transpor- tation 2014: S.7171 - Referred to Transportation/A.6489- Referred to Transpor- tation
Fiscal implications
None.
Effective date
One year after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.