STATE OF NEW YORK ________________________________________________________________________ 2517 2025-2026 Regular Sessions IN SENATE January 21, 2025 ___________ Introduced by Sens. COONEY, FERNANDEZ, MARTINEZ, MAYER -- 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 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 upon submission of proof that 17 such person installed [and], maintained and regularly used an ignition 18 interlock device for at least six months, unless the court ordered such 19 person to install [and], maintain and regularly use an ignition inter- 20 lock device for a longer period as authorized by this subparagraph and 21 specified in such order. The period of interlock restriction shall 22 commence from the earlier of the date of sentencing, or the date that an 23 ignition interlock device was installed in advance of sentencing. 24 Provided, however, the court may not authorize the operation of a motor EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06230-01-5
S. 2517 2 1 vehicle by any person whose license or privilege to operate a motor 2 vehicle has been revoked pursuant to the provisions of this section. 3 § 2. Subparagraph (iii) of paragraph (c) of subdivision 1 of section 4 1193 of the vehicle and traffic law, as amended by chapter 169 of the 5 laws of 2013, is amended to read as follows: 6 (iii) In addition to the imposition of any fine or period of imprison- 7 ment set forth in this paragraph, the court shall also sentence such 8 person convicted of, or adjudicated a youthful offender for, a violation 9 of subdivision two, two-a or three of section eleven hundred ninety-two 10 of this article to a period of probation or conditional discharge, as a 11 condition of which it shall order such person to install [and], maintain 12 and regularly use, in accordance with the provisions of section eleven 13 hundred ninety-eight of this article, an ignition interlock device in 14 any motor vehicle owned or operated by such person during the term of 15 such probation or conditional discharge imposed for such violation of 16 section eleven hundred ninety-two of this article and in no event for a 17 period of less than twelve months; provided, however, that such period 18 of interlock restriction shall terminate upon submission of proof that 19 such person installed [and], maintained and regularly used an ignition 20 interlock device for at least six months, unless the court ordered such 21 person to install [and], maintain [a] and regularly use an ignition 22 interlock device for a longer period as authorized by this subparagraph 23 and specified in such order. The period of interlock restriction shall 24 commence from the earlier of the date of sentencing, or the date that an 25 ignition interlock device was installed in advance of sentencing. 26 Provided, however, the court may not authorize the operation of a motor 27 vehicle by any person whose license or privilege to operate a motor 28 vehicle has been revoked pursuant to the provisions of this section. 29 § 3. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and 30 traffic law is amended by adding a new subparagraph 8 to read as 31 follows: 32 (8) Notwithstanding any other provision of law to the contrary, once a 33 court-ordered ignition interlock device is installed, a person may start 34 their car while it is parked during a period of license suspension or 35 revocation in order to preserve the battery life of the vehicle without 36 incurring any penalty or fine or otherwise violating the terms of their 37 suspension or revocation. 38 § 4. Subdivision 2 of section 1193 of the vehicle and traffic law is 39 amended by adding a new paragraph (g) to read as follows: 40 (g) Notwithstanding any other provision of this subdivision, except 41 where a person's license has been permanently revoked pursuant to 42 subparagraph twelve of paragraph (b) of this subdivision, the court 43 shall have the discretion to grant a limited conditional license during 44 the period of license suspension or revocation to a person who has been 45 convicted of a violation or crime under this article if holding of a 46 valid license is a necessary incident to such person's employment, busi- 47 ness, trade, occupation or profession, or to their travel to and from a 48 class or course at an accredited school, college or university or at a 49 state approved institution of vocational or technical training or 50 enroute to and from a medical examination or treatment as part of a 51 necessary medical treatment for such participant or member of their 52 household, or to or from a dependent child's school or daycare program, 53 or for such other essential travel as the court may determine by written 54 order. Such license shall only be valid for operation of a vehicle 55 equipped with a court-ordered ignition interlock device installed, main- 56 tained and regularly used pursuant to the provisions of this article. If
S. 2517 3 1 the conditions of this paragraph are violated by the licensee, the 2 limited conditional license shall be rescinded, and the period of 3 license suspension or revocation shall be reinstated and must be served 4 in full with no credit for the time in which the person was issued such 5 limited conditional license. 6 § 5. Paragraphs (a) and (b) of subdivision 2 of section 1198 of the 7 vehicle and traffic law, as amended by chapter 496 of the laws of 2009, 8 are amended to read as follows: 9 (a) In addition to any other penalties prescribed by law, the court 10 shall require that any person who has been convicted of a violation of 11 subdivision two, two-a or three of section eleven hundred ninety-two of 12 this article, or any crime defined by this chapter or the penal law of 13 which an alcohol-related violation of any provision of section eleven 14 hundred ninety-two of this article is an essential element, to install 15 [and], maintain and regularly use, as a condition of probation or condi- 16 tional discharge, a functioning ignition interlock device in accordance 17 with the provisions of this section and, as applicable, in accordance 18 with the provisions of subdivisions one and one-a of section eleven 19 hundred ninety-three of this article; provided, however, the court may 20 not authorize the operation of a motor vehicle by any person whose 21 license or privilege to operate a motor vehicle has been revoked except 22 as provided herein. For any such individual subject to a sentence of 23 probation, installation and maintenance of such ignition interlock 24 device shall be a condition of probation. 25 (b) Nothing contained in this section shall prohibit a court, upon 26 application by a probation department, from modifying the conditions of 27 probation of any person convicted of any violation set forth in para- 28 graph (a) of this subdivision prior to the effective date of this 29 section, to require the installation [and], maintenance and regular use 30 of a functioning ignition interlock device, and such person shall there- 31 after be subject to the provisions of this section. 32 § 6. Paragraph (a) of subdivision 4 of section 1198 of the vehicle and 33 traffic law, as amended by chapter 169 of the laws of 2013, is amended 34 to read as follows: 35 (a) Following imposition by the court of the installation, maintenance 36 and regular use of an ignition interlock device as a condition of 37 probation or conditional discharge it shall require the person to 38 provide proof of compliance with this section to the court and the 39 probation department or other monitor where such person is under 40 probation or conditional discharge supervision. If the person fails to 41 provide for such proof of installation, maintenance and regular use, 42 absent a finding by the court of good cause for that failure which is 43 entered in the record, the court may revoke, modify, or terminate the 44 person's sentence of probation or conditional discharge as provided 45 under law and shall extend any period of license suspension or revoca- 46 tion until such proof of compliance is provided to the court. Good 47 cause may include a finding that the person is not the owner of a motor 48 vehicle if such person asserts under oath that such person is not the 49 owner of any motor vehicle, did not own a motor vehicle at the time of 50 arrest for the subject violation, does not reside with a spouse who owns 51 a vehicle such person drives at least occasionally, and that [he or she] 52 they will not operate any motor vehicle during the period of interlock 53 restriction except as may be otherwise authorized pursuant to law. 54 "Owner" shall have the same meaning as provided in section one hundred 55 twenty-eight of this chapter.
S. 2517 4 1 § 7. This act shall take effect immediately, provided, however, that 2 the amendments to section 1198 of the vehicle and traffic law made by 3 sections five and six of this act shall not affect the expiration and 4 repeal of such section and shall be deemed repealed therewith.