What's happening
This bill changes license revocation rules, reducing permanent revocation for DWI to three offenses and repealing certain revocation provisions.
Why it matters
Shifts from automatic permanent license revocation for two DWI convictions to requiring three separate offenses. , potentially allowing more individuals a path to regain driving privileges after repeat offenses, unless the offenses involve physical injury.
Expands the types of convictions and chemical test refusals considered in revocation decisions. , counting combinations of DWI convictions and refusals toward the three-strike rule, which may affect those with a mix of violations.
Removes a strict permanent revocation provision, giving discretion back to the DMV commissioner. to reissue licenses after revocation periods, which could offer second chances but may also raise public safety concerns regarding recidivism.
Maintains stricter consequences (permanent revocation) for individuals with two DWI convictions if both resulted in physical injury. , signaling continued severity for particularly dangerous offenders while easing rules for others.
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Who cares
Headline styles
Change License Revocation Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1396
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. CARLUCCI -- 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 the revocation and the reissuance of licenses; and to repeal subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of such law, relating to permanent revocation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law is REPEALED.
§ 2. Paragraph (c) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 312 of the laws of 1994, subparagraph 3 as amended by chapter 732 of the laws of 2006, is amended to read as follows:
(c) Reissuance of licenses; restrictions. (1) Except as otherwise provided in this paragraph, where a license is revoked pursuant to paragraph (b) of this subdivision, no new license shall be issued after the expiration of the minimum period specified in such paragraph, except in the discretion of the commissioner.
(2) Where a license is revoked pursuant to subparagraph two, three or eight of paragraph (b) of this subdivision for a violation of subdivision four of section eleven hundred ninety-two of this article, and where the individual does not have a driver's license or the individual's license was suspended at the time of conviction or youthful offender or other juvenile adjudication, the commissioner shall not issue a new license nor restore the former license for a period of six months after such individual would otherwise have become eligible to obtain a new license or to have the former license restored; provided, however, that during such delay period the commissioner may issue a restricted use license pursuant to section five hundred thirty of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06426-01-9
S. 1396 2
(3) In no event shall a new license be issued where a person has been [twice] convicted three times of a violation of [subdivision three, four or four-a of] section eleven hundred ninety-two of this article or of [driving while intoxicated or of driving while ability is impaired by the use of a drug or of driving while ability is impaired by the combined influence of drugs or of alcohol and any drug or drugs] any violation of the penal law for which a violation of section eleven hundred ninety-two of this article is an essential element or has three times been found to have refused to submit to a chemical test pursuant to section eleven hundred ninety-four of this article, or has any combination of three such convictions and findings of refusal not arising out of the same incident, or has been convicted twice where physical injury, as defined in section 10.00 of the penal law, has resulted from such offense in each instance.
§ 3. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law, as amended by chapter 169 of the laws of 2013, is amended to read as follows:
(iii) commits the offense of aggravated unlicensed operation of a motor vehicle in the third degree as defined in subdivision one of this section; and is operating a motor vehicle while under permanent revocation as set forth in subparagraph [twelve] three of paragraph [(b)] (c) of subdivision two of section eleven hundred ninety-three of this chapter; or
§ 4. This act shall take effect on the ninetieth day after it shall have become a law.
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 the revoca- tion and the reissuance of licenses; and to repeal subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of such law, relating to permanent revocation
Purpose
To assure that persistent impaired drivers are not permitted to continue to drive in New York State.
Summary of provisions
Section 1. Repeals subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law, relating to permanent license revocations.
Section 2. Amends paragraph (c) of subdivision 2 of section 1193 of the vehicle and traffic law to create a permanent license revocation after 3 DWIs or 3 refusals to submit to a chemical test, or any combination of three refusals and convictions or for two DWIs where physical injury has occurred.
Section 3. Amends subparagraph (iii) of paragraph (a) of subdivision 3 of section 511 of the vehicle and traffic law (VAT) to remove the refer- ence to the repealed VAT § 1193(2)(b) (12) and to replace it with subparagraph 3 of paragraph (c) of subdivision 2.
Section 4. Effective date.
Justification
This bill amends the vehicle and traffic law to create a true permanent license revocation for persistent impaired drivers. Under current law, except for circumstances under which a person has been convicted of two DWIs in which physical injury was involved, DMV may restore driving privileges after five years, no matter how many DWIs a driver has been convicted of.
This sends the wrong message to persistent offenders and to the public at large. The purpose of this bill is to assure that those who, with reckless disregard for the safety of pedestrians and other drivers, continue to drive under the influence after their second DUI conviction are taken off the roads permanently.
Legislative history
2017-18: S1721/A4640 - PASSED SENATE/transportation 2015-16: S1738/A6981 - Passed Senate/Transportation 2014: S6287/A1933-A - Transportation Committee/Transportation Committee
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day 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.