LAWS OF NEW YORK, 2002
CHAPTER 571
Sean's Law


EXPLANATION—Matter in italics is new; matter in brackets [ ] is
old law to be omitted.


LAWS OF NEW YORK, 2002
CHAPTER 571

AN ACT to amend the vehicle and traffic law, in relation to the suspen-
sion of class DJ or MJ learner's permit or driver's license and for
arraignment of persons under the age of eighteen for the operation of
a motor vehicle while under the influence of alcohol

Became a law September 24, 2002, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

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

Section 1. Clause a of subparagraph 7 of paragraph (e) of subdivision
2 of section 1193 of the vehicle and traffic law, as added by chapter
312 of the laws of 1994, is amended to read as follows:
a. [A ] Except as provided in clause a-1 of this subparagraph, a court
shall suspend a driver's license, pending prosecution, of any person
charged with a violation of subdivision two or three of section eleven
hundred ninety-two of this article who, at the time of arrest, is
alleged to have had .10 of one percent or more by weight of alcohol in
such driver's blood as shown by chemical analysis of blood, breath,
urine or saliva, made pursuant to subdivision two or three of section
eleven hundred ninety-four of this article.

§ 2. Subparagraph 7 of paragraph (e) of subdivision 2 of section 1193
of the vehicle and traffic law is amended by adding a new clause a-1 to
read as follows:
a-1. A court shall suspend a class DJ or MJ learner's permit or a
class DJ or MJ driver's license, pending prosecution, of any person who
has been charged with a violation of subdivision one, two and/or three
of section eleven hundred ninety-two of this article.

§ 3. Clause b of subparagraph 7 of paragraph (e) of subdivision 2 of
section 1193 of the vehicle and traffic law, as added by chapter 312 of
the laws of 1994, is amended to read as follows:
b. The suspension occurring under clause a of this subparagraph shall
occur no later than at the conclusion of all proceedings required for
the arraignment and the suspension occurring under clause a-1 of this
subparagraph shall occur immediately after the holder's first appearance
before the court on the charge which shall, whenever possible, be the
next regularly scheduled session of the court after the arrest or at the
conclusion of all proceedings required for the arraignment; provided,
however, that if the results of any test administered pursuant to
section eleven hundred ninety-four of this article are not available
within such time period, the complainant police officer or other public
servant shall transmit such results to the court at the time they become
available, and the court shall, as soon as practicable following the
receipt of such results and in compliance with the requirements of this
subparagraph, suspend such license. In order for the court to impose
such suspension it must find that the accusatory instrument conforms to
the requirements of section 100.40 of the criminal procedure law and
there exists reasonable cause to believe either that (a) the holder
operated a motor vehicle while such holder had .10 of one percent or
more by weight of alcohol in his or her blood as was shown by chemical
analysis of such person's blood, breath, urine or saliva, made pursuant
to the provisions of section eleven hundred ninety-four of this article
or (b) the person was the holder of a class DJ or MJ learner's permit or
a class DJ or MJ driver's license and operated a motor vehicle while
such holder was in violation of subdivision one, two and/or three of
section eleven hundred ninety-two of this article. At the time of such
license suspension the holder shall be entitled to an opportunity to
make a statement regarding these two issues and to present evidence
tending to rebut the court's findings.

§ 4. Subdivision 2 of section 1193 of the vehicle and traffic law is
amended by adding a new paragraph (f) to read as follows:
(f) Notice of charges to parent or guardian. Notwithstanding the
provisions of subdivision two of section eighteen hundred seven of this
chapter, upon the first scheduled appearance of any person under eigh-
teen years of age who resides within the household of his or her parent
or guardian upon a charge of a violation of subdivision one, two and/or
three of section eleven hundred ninety-two of this article, the local
criminal court before which such first appearance is scheduled shall
forthwith transmit written notice of such appearance or failure to make
such appearance to the parent or guardian of such minor person;
provided, however, that if an arraignment and conviction of such person
follows such appearance upon the same day, or in case such person waives
arraignment and enters a plea of guilty to the offense as charged in
accordance with the provisions of section eighteen hundred five of this
chapter, transmittal of notice of his or her conviction as provided in
section five hundred fourteen of this chapter shall be sufficient and
the notice required by this paragraph need not be given; provided
further that the failure of a local criminal court to transmit the
notice required by this paragraph shall in no manner affect the validity
of a conviction subsequently obtained.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subpara-
graph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle
and traffic law made by sections one, two and three of this act shall
not affect the repeal of such subparagraph and shall be deemed repealed
therewith.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly

Page last updated July 1, 2003