S 2517 NY

0likes☆Favorite🔕SubscribeShare

Passed One Chamber

Skip to main content

New York State Assembly Speaker Carl E. Heastie

--> --> -->

Assembly Members

Legislative Info

Public Hearings

Speaker's Press

Assembly Reports

Committees & More

Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.

Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S02517 Summary: BILL NO S02517A &nbsp SAME AS No Same As &nbsp SPONSOR COONEY &nbsp COSPNSR FERNANDEZ, MARTINEZ, MAYER, MURRAY, ROLISON, STAVISKY &nbsp MLTSPNSR &nbsp Amd §§1193, 1196 & 1198, V & T L &nbsp Requires proof of installation, maintenance and regular use of ignition interlock devices when use of such a device is ordered by a court; extends the period of suspension and revocation of a license until such proof is provided.

Go to top S02517 Text:

STATE OF NEW YORK ________________________________________________________________________

2517--A

2025-2026 Regular Sessions

IN SENATE

January 21, 2025 ___________

Introduced by Sens. COONEY, FERNANDEZ, MARTINEZ, MAYER, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation -- recommitted to the Committee on Trans- portation in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the vehicle and traffic law, in relation to ignition interlock devices

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subparagraph (ii) of paragraph (b) of subdivision 1 of 2 section 1193 of the vehicle and traffic law, as amended by chapter 169 3 of the laws of 2013, is amended to read as follows: 4 (ii) In addition to the imposition of any fine or period of imprison- 5 ment set forth in this paragraph, the court shall also sentence such 6 person convicted of, or adjudicated a youthful offender for, a violation 7 of subdivision two, two-a or three of section eleven hundred ninety-two 8 of this article to a term of probation or conditional discharge, as a 9 condition of which it shall order such person to install [ and ] , maintain 10 and regularly use , in accordance with the provisions of section eleven 11 hundred ninety-eight of this article, an ignition interlock device in 12 any motor vehicle owned or operated by such person during the term of 13 such probation or conditional discharge imposed for such violation of 14 section eleven hundred ninety-two of this article and in no event for a 15 period of less than twelve months; provided, however, that such period 16 of interlock restriction shall terminate earlier upon such person's 17 submission of proof that [ such person ] they installed [ and ] , maintained 18 and regularly used an ignition interlock device for at least six contin- 19 uous months, unless the court specifically prohibited such earlier 20 termination and ordered such person to install [ and ] , maintain and regu- 21 larly use an ignition interlock device for a longer period as authorized

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06230-09-5

S. 2517--A 2

1 by this subparagraph and specified in such order. The period of inter- 2 lock restriction shall commence from the earlier of the date of sentenc- 3 ing, or the date that an ignition interlock device was installed in 4 advance of sentencing. Provided, however, the court may not authorize 5 the operation of a motor vehicle by any person whose license or privi- 6 lege to operate a motor vehicle has been revoked pursuant to the 7 provisions of this section. 8 § 2. Subparagraph (iii) of paragraph (c) of subdivision 1 of section 9 1193 of the vehicle and traffic law, as amended by chapter 169 of the 10 laws of 2013, is amended to read as follows: 11 (iii) In addition to the imposition of any fine or period of imprison- 12 ment set forth in this paragraph, the court shall also sentence such 13 person convicted of, or adjudicated a youthful offender for, a violation 14 of subdivision two, two-a or three of section eleven hundred ninety-two 15 of this article to a period of probation or conditional discharge, as a 16 condition of which it shall order such person to install [ and ] , maintain 17 and regularly use , in accordance with the provisions of section eleven 18 hundred ninety-eight of this article, an ignition interlock device in 19 any motor vehicle owned or operated by such person during the term of 20 such probation or conditional discharge imposed for such violation of 21 section eleven hundred ninety-two of this article and in no event for a 22 period of less than twelve months; provided, however, that such period 23 of interlock restriction shall terminate earlier upon such person's 24 submission of proof that [ such person ] they installed [ and ] , maintained 25 and regularly used an ignition interlock device for at least six contin- 26 uous months, unless the court specifically prohibited such earlier 27 termination and ordered such person to install [ and ] , maintain [ a ] and 28 regularly use an ignition interlock device for a longer period as 29 authorized by this subparagraph and specified in such order. The period 30 of interlock restriction shall commence from the earlier of the date of 31 sentencing, or the date that an ignition interlock device was installed 32 in advance of sentencing. Provided, however, the court may not authorize 33 the operation of a motor vehicle by any person whose license or privi- 34 lege to operate a motor vehicle has been revoked pursuant to the 35 provisions of this section. 36 § 3. Paragraph (c) of subdivision 1-a of section 1193 of the vehicle 37 and traffic law, as amended by chapter 669 of the laws of 2007, is 38 amended to read as follows: 39 (c) A court sentencing a person pursuant to paragraph (a) or (b) of 40 this subdivision shall: (i) order the installation , maintenance and 41 regular use of an ignition interlock device approved pursuant to section 42 eleven hundred ninety-eight of this article in any motor vehicle owned 43 or operated by the person so sentenced. Such devices shall remain 44 installed , maintained and regularly used during any period of license 45 revocation required to be imposed pursuant to paragraph (b) of subdivi- 46 sion two of this section, and, upon the termination of such revocation 47 period, for an additional period as determined by the court; and (ii) 48 order that such person receive an assessment of the degree of their 49 alcohol or substance abuse and dependency pursuant to the provisions of 50 section eleven hundred ninety-eight-a of this article. Where such 51 assessment indicates the need for treatment, such court is authorized to 52 impose treatment as a condition of such sentence except that such court 53 shall impose treatment as a condition of a sentence of probation or 54 conditional discharge pursuant to the provisions of subdivision three of 55 section eleven hundred ninety-eight-a of this article. Any person 56 ordered to install , maintain and regularly use an ignition interlock

S. 2517--A 3

1 device pursuant to this paragraph shall be subject to the provisions of 2 subdivisions four, five, seven, eight and nine of section eleven hundred 3 ninety-eight of this article. 4 § 4. Clauses d and e of subparagraph 7 of paragraph (e) of subdivision 5 2 of section 1193 of the vehicle and traffic law, as amended by chapter 6 251 of the laws of 2007, are amended to read as follows: 7 d. Notwithstanding any contrary provision of this chapter, if any 8 suspension occurring under this subparagraph has been in effect for a 9 period of thirty days, the holder may be issued a conditional license, 10 in accordance with section eleven hundred ninety-six of this article, 11 provided the holder of such license is otherwise eligible to receive 12 such conditional license. A conditional license issued pursuant to this 13 subparagraph shall not be valid for the operation of a commercial motor 14 vehicle , a taxicab as defined in this chapter, or any other motor vehi- 15 cle used for transporting passengers for compensation . The commissioner 16 shall prescribe by regulation the procedures for the issuance of such 17 conditional license. 18 e. If the court finds that the suspension imposed pursuant to this 19 subparagraph will result in extreme hardship, the court must issue such 20 suspension, but may grant a hardship privilege, which shall be issued on 21 a form prescribed by the commissioner. For the purposes of this clause, 22 "extreme hardship" shall mean the inability to obtain alternative means 23 of travel to or from the licensee's employment, or to or from necessary 24 medical treatment for the licensee or a member of the licensee's house- 25 hold, or if the licensee is a matriculating student enrolled in an 26 accredited school, college or university travel to or from such 27 licensee's school, college or university if such travel is necessary for 28 the completion of the educational degree or certificate. The burden of 29 proving extreme hardship shall be on the licensee who may present mate- 30 rial and relevant evidence. A finding of extreme hardship may not be 31 based solely upon the testimony of the licensee. In no event shall 32 arraignment be adjourned or otherwise delayed more than three business 33 days solely for the purpose of allowing the licensee to present evidence 34 of extreme hardship. The court shall set forth upon the record, or 35 otherwise set forth in writing, the factual basis for such finding. The 36 hardship privilege shall permit the operation of a vehicle only for 37 travel to or from the licensee's employment, or to or from necessary 38 medical treatment for the licensee or a member of the licensee's house- 39 hold, or if the licensee is a matriculating student enrolled in an 40 accredited school, college or university travel to or from such 41 licensee's school, college or university if such travel is necessary for 42 the completion of the educational degree or certificate. A hardship 43 privilege shall not be valid for the operation of a commercial motor 44 vehicle , a taxicab as defined in this chapter, or any other motor vehi- 45 cle used for transporting passengers for compensation . 46 § 5. Paragraph (g) of subdivision 7 of section 1196 of the vehicle and 47 traffic law, as amended by section 38 of part LL of chapter 56 of the 48 laws of 2010, is amended to read as follows: 49 (g) Notwithstanding anything to the contrary contained in a certif- 50 icate of relief from disabilities or a certificate of good conduct 51 issued pursuant to article twenty-three of the correction law, any 52 conditional license or privilege issued to a person convicted of a 53 violation of any subdivision of section eleven hundred ninety-two of 54 this article shall not be valid for the operation of any commercial 55 motor vehicle. In addition, no such conditional license or privilege 56 shall be valid for the operation of a taxicab as defined in this chapter

S. 2517--A 4

1 or any other motor vehicle used for transporting passengers for compen- 2 sation . 3 § 6. Subdivision 1 of section 1198 of the vehicle and traffic law, 4 as amended by chapter 496 of the laws of 2009, is amended to read as 5 follows: 6 1. Applicability. The provisions of this section shall apply through- 7 out the state to each person required or otherwise ordered by a court as 8 a condition of probation or conditional discharge to install , maintain 9 and [ operate ] regularly use an ignition interlock device in any vehicle 10 which [ he or she ] they [ owns ] own or [ operates ] operate . 11 § 7. Paragraphs (a) and (b) of subdivision 2 of section 1198 of the 12 vehicle and traffic law, as amended by chapter 496 of the laws of 2009, 13 are amended and a new paragraph (d) is added to read as follows: 14 (a) In addition to any other penalties prescribed by law, the court 15 shall require that any person who has been convicted of a violation of 16 subdivision two, two-a or three of section eleven hundred ninety-two of 17 this article, or any crime defined by this chapter or the penal law of 18 which an alcohol-related violation of any provision of section eleven 19 hundred ninety-two of this article is an essential element, to install 20 [ and ] , maintain and regularly use , as a condition of probation or condi- 21 tional discharge, a functioning ignition interlock device in accordance 22 with the provisions of this section and, as applicable, in accordance 23 with the provisions of subdivisions one and one-a of section eleven 24 hundred ninety-three of this article; provided, however, the court may 25 not authorize the operation of a motor vehicle by any person whose 26 license or privilege to operate a motor vehicle has been revoked except 27 as provided herein. For any such individual subject to a sentence of 28 probation, installation [ and ] , maintenance and regular use of such 29 ignition interlock device shall be a condition of probation. 30 (b) Nothing contained in this section shall prohibit a court, upon 31 application by a probation department, from modifying the conditions of 32 probation of any person convicted of any violation set forth in para- 33 graph (a) of this subdivision prior to the effective date of this 34 section, to require the installation [ and ] , maintenance and regular use 35 of a functioning ignition interlock device, and such person shall there- 36 after be subject to the provisions of this section. 37 (d) The court shall require that any person who has been convicted of 38 a violation of subdivision two, two-a or three of section eleven hundred 39 ninety-two of this article, or any crime defined by this chapter or the 40 penal law of which an alcohol-related violation of any provision of 41 section eleven hundred ninety-two of this article is an essential 42 element, and whose license has been suspended shall not have such 43 license re-instated unless the person provides proof of compliance with 44 this section to the commissioner, including at least six continuous 45 months or such lengthier period of time as otherwise specifically 46 ordered by the court, of installation, maintenance and regular use of a 47 functioning ignition interlock device in a vehicle owned or operated by 48 such person. 49 § 8. Paragraphs (a) and (d) of subdivision 3 of section 1198 of the 50 vehicle and traffic law, as amended by chapter 496 of the laws of 2009, 51 are amended to read as follows: 52 (a) Notwithstanding any other provision of law, the commissioner may 53 grant a post-revocation conditional license, as set forth in paragraph 54 (b) of this subdivision, to a person who has been convicted of a 55 violation of subdivision two, two-a or three of section eleven hundred 56 ninety-two of this article and who has been sentenced to a period of

S. 2517--A 5

1 probation or conditional discharge, provided the person has satisfied 2 the minimum period of license revocation established by law and the 3 commissioner has been notified that such person may operate only a motor 4 vehicle equipped with a functioning ignition interlock device. No such 5 request shall be made nor shall such a license be granted, however, if 6 such person has been found by a court to have committed a violation of 7 section five hundred eleven of this chapter during the license revoca- 8 tion period or deemed by a court to have violated any condition of 9 probation or conditional discharge set forth by the court relating to 10 the operation of a motor vehicle or the consumption of alcohol. In exer- 11 cising discretion relating to the issuance of a post-revocation condi- 12 tional license pursuant to this subdivision, the commissioner shall not 13 deny such issuance based solely upon the number of convictions for 14 violations of any subdivision of section eleven hundred ninety-two of 15 this article committed by such person within the ten years prior to 16 application for such license. Upon the termination of the period of 17 probation or conditional discharge set by the court, the person may 18 apply to the commissioner for restoration of a license or privilege to 19 operate a motor vehicle in accordance with this chapter , provided that 20 the commissioner shall not restore such person's license without condi- 21 tions unless the person provides proof to the commissioner of at least 22 six continuous months, or such lengthier period of time as otherwise 23 specifically ordered by the court, of installation, maintenance and 24 regular use of a functioning ignition interlock device in a vehicle 25 owned or operated by such person . 26 (d) Nothing contained herein shall prohibit the court from requiring, 27 as a condition of probation or conditional discharge, the installation , 28 maintenance, and regular use of a functioning ignition interlock device 29 in any vehicle owned or operated by a person sentenced for a violation 30 of subdivision two, two-a, or three of section eleven hundred ninety-two 31 of this chapter, or any crime defined by this chapter or the penal law 32 of which an alcohol-related violation of any provision of section eleven 33 hundred ninety-two of this chapter is an essential element, if the court 34 in its discretion, determines that such a condition is necessary to 35 ensure the public safety. Imposition of an ignition interlock condition 36 shall in no way limit the effect of any period of license suspension or 37 revocation set forth by the commissioner or the court. 38 § 9. Paragraphs (a) and (b) of subdivision 4 of section 1198 of the 39 vehicle and traffic law, paragraph (a) as amended by chapter 169 of the 40 laws of 2013 and paragraph (b) as amended by chapter 496 of the laws of 41 2009, are amended to read as follows: 42 (a) Following imposition by the court of the installation, maintenance 43 and regular use of an ignition interlock device as a condition of 44 probation or conditional discharge it shall require the person to 45 provide proof of compliance with this section to the court and the 46 probation department or other monitor where such person is under 47 probation or conditional discharge supervision. If the person fails to 48 provide for such proof of installation, maintenance and regular use for 49 at least six continuous months, or such lengthier period of time as 50 otherwise ordered by the court, absent a finding by the court of good 51 cause for that failure which is entered in the record, the court may 52 revoke, modify, or terminate the person's sentence of probation or 53 conditional discharge as provided under law and shall extend any period 54 of license suspension or revocation until such time as the person 55 provides proof of compliance to the court . Good cause [ may ] shall 56 include a finding that the person is not the owner of a motor vehicle if

S. 2517--A 6

1 such person asserts under oath that such person is not the owner of any 2 motor vehicle , did not own a motor vehicle at the time of arrest for the 3 subject violation, does not reside with a spouse who owns a vehicle such 4 person drives at least occasionally, is not an adjudicated youthful 5 offender who resides with a parent or legal guardian who owns a vehicle 6 such offender drives at least occasionally, and that [ he or she ] they 7 will not operate any motor vehicle during the period of interlock 8 restriction except as may be otherwise authorized pursuant to law. 9 "Owner" shall have the same meaning as provided in section one hundred 10 twenty-eight of this chapter. 11 (b) When a court imposes the condition specified in subdivision one of 12 this section, the court shall notify the commissioner in such manner as 13 the commissioner may prescribe, and the commissioner shall note such 14 condition on the operating record of the person subject to such condi- 15 tions. The commissioner shall not subsequently remove such conditions 16 from the operating record of the person subject to such conditions 17 unless the person provides proof of compliance with this section to the 18 commissioner, including at least six continuous months, or such lengthi- 19 er period of time as otherwise specifically ordered by the court, of 20 installation, maintenance and regular use of a functioning ignition 21 interlock device in a vehicle owned or operated by such person. 22 § 10. Subdivision 5 of section 1198 of the vehicle and traffic law is 23 amended by adding a new paragraph (c) to read as follows: 24 (c) Notwithstanding any other provision of law to the contrary, once a 25 court-ordered ignition interlock device is installed, a person may start 26 their car while it is parked during a period of license suspension or 27 revocation in order to preserve the battery life of the vehicle without 28 incurring any penalty or fine or otherwise violating the terms of their 29 suspension or revocation. 30 § 11. Section 1198 of the vehicle and traffic law is amended by adding 31 a new subdivision 11 to read as follows: 32 11. Continuous use standards. The commissioner shall establish guide- 33 lines, rules or regulations setting forth the minimum standards a person 34 shall meet to establish proof of compliance with the continuous and 35 regular use requirements of this section. 36 § 12. This act shall take effect on the ninetieth day after it shall 37 have become a law, provided, however, that the amendments to section 38 1198 of the vehicle and traffic law made by sections six, seven, eight, 39 nine, ten and eleven of this act shall not affect the expiration and 40 repeal of such section and shall be deemed repealed therewith. Effec- 41 tive immediately, the addition, amendment and/or repeal of any rule or 42 regulation necessary for the implementation of this act on its effective 43 date are authorized to be made and completed on or before such effective 44 date.

Go to top

Sitemap

Request Information

Directions and Maps