S T A T E   O F   N E W   Y O R K
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                                   196

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  the  criminal penalties for driving while ability impaired and driving
  while intoxicated or while ability impaired by  drugs  and  increasing
  the  penalties for aggravated unlicensed operation of a vehicle in the
  first and second degrees

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 1193 of the vehicle and traffic
law, as added by chapter 47 of  the  laws  of  1988,  paragraph  (a)  as
amended  by  chapter  75  of the laws of 1994, paragraphs (b) and (c) as
amended by chapter 169 of the laws of 2013, subparagraph (ii-a) of para-
graph (c) as added by chapter 191 of the laws of 2014, paragraph (d)  as
amended  by  chapter  732 of the laws of 2006, paragraph (f) as added by
chapter 714 of the laws of 1990 and paragraph (g) as amended by  section
57  of  part  A of chapter 56 of the laws of 2010, is amended to read as
follows:
  1. Criminal penalties. (a) Driving while ability impaired. A violation
of subdivision one of section eleven hundred ninety-two of this  article
shall  be  a traffic infraction and shall be punishable by a fine of not
less than [three] FIVE  hundred  dollars  nor  more  than  [five]  SEVEN
hundred  FIFTY  dollars  or  by imprisonment in a penitentiary or county
jail for not more than fifteen days, or by both such fine and  imprison-
ment.  A  person who operates a vehicle in violation of such subdivision
after having been convicted of a violation of any subdivision of section
eleven hundred ninety-two of this  article  within  the  preceding  five
years  shall be punished by a fine of not less than [five] SEVEN hundred
FIFTY dollars nor more than [seven hundred fifty] ONE THOUSAND  dollars,
or  by  imprisonment  of  not more than thirty days in a penitentiary or
county jail or by both such fine and imprisonment. A person who operates
a vehicle in violation of such subdivision after having  been  convicted
two  or  more  times of a violation of any subdivision of section eleven
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03024-01-5

A. 196                              2

hundred ninety-two of this article within the preceding ten years  shall
be  guilty of a misdemeanor, and shall be punished by a fine of not less
than [seven hundred fifty] ONE THOUSAND dollars nor  more  than  fifteen
hundred  dollars, or by imprisonment of not more than one hundred eighty
days in a penitentiary or county jail or by both such fine and imprison-
ment.
  (b) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses. (i) A violation of subdivision two, three, four or  four-a  of
section eleven hundred ninety-two of this article shall be a misdemeanor
and  shall be punishable by a fine of not less than [five] SEVEN hundred
FIFTY dollars nor more than one thousand FIVE  HUNDRED  dollars,  or  by
imprisonment  in  a  penitentiary  or  county jail for not more than one
year, or by both such fine and imprisonment. A  violation  of  paragraph
(a)  of  subdivision  two-a of section eleven hundred ninety-two of this
article shall be a misdemeanor and shall be punishable by a fine of  not
less  than  one thousand dollars nor more than two thousand five hundred
dollars or by imprisonment in a penitentiary or county jail for not more
than one year, or by both such fine and imprisonment.
  (ii) In addition to the imposition of any fine or period of  imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such
person convicted of, or adjudicated a youthful offender for, a violation
of subdivision two, two-a or three of section eleven hundred  ninety-two
of  this  article  to a term of probation or conditional discharge, as a
condition of which it shall order such person to install  and  maintain,
in accordance with the provisions of section eleven hundred ninety-eight
of this article, an ignition interlock device in any motor vehicle owned
or  operated  by such person during the term of such probation or condi-
tional discharge imposed for such violation of  section  eleven  hundred
ninety-two  of  this  article  and in no event for a period of less than
twelve  months;  provided,  however,  that  such  period  of   interlock
restriction  shall  terminate  upon submission of proof that such person
installed and maintained an ignition interlock device for at  least  six
months,  unless the court ordered such person to install and maintain an
ignition interlock device for a longer  period  as  authorized  by  this
subparagraph  and  specified  in  such  order.  The  period of interlock
restriction shall commence from the earlier of the date  of  sentencing,
or  the  date that an ignition interlock device was installed in advance
of sentencing. Provided, however, the court may not authorize the opera-
tion of a motor vehicle by any person  whose  license  or  privilege  to
operate  a  motor vehicle has been revoked pursuant to the provisions of
this section.
  (c) Felony offenses. (i) A  person  who  operates  a  vehicle  (A)  in
violation  of  subdivision  two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four  or  four-a  of  such
section  or  of  vehicular  assault  in  the  second or first degree, as
defined, respectively, in sections  120.03  and  120.04  and  aggravated
vehicular  assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in  the  second  or  first  degree,  as  defined,
respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the  preceding
ten  years, or (B) in violation of paragraph (b) of subdivision two-a of
section eleven hundred ninety-two of this article shall be guilty  of  a
class  E  felony,  and  shall be punished by a fine of not less than one

A. 196                              3

thousand FIVE HUNDRED dollars nor more than five thousand dollars or  by
a  period  of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  or  of  vehicular
assault  in  the  second  or  first degree, as defined, respectively, in
sections 120.03 and 120.04 and aggravated vehicular assault  as  defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such  law,  twice  within  the preceding ten years, shall be guilty of a
class D felony, and shall be punished by a fine of  not  less  than  two
thousand FIVE HUNDRED dollars nor more than ten thousand dollars or by a
period  of  imprisonment  as  provided in the penal law, or by both such
fine and imprisonment.
  (ii-a) A person who operates a vehicle  in  violation  of  subdivision
two,  two-a,  three, four or four-a of section eleven hundred ninety-two
of this article after having been convicted of a violation  of  subdivi-
sion  two,  two-a, three, four or four-a of such section or of vehicular
assault in the second or first  degree,  as  defined,  respectively,  in
sections  120.03  and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, three or more times within the preceding fifteen years,  shall
be  guilty  of  a class D felony, and shall be punished by a fine of not
less than two thousand dollars nor more than ten thousand dollars or  by
a  period  of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
  (iii) In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court  shall  also  sentence  such
person convicted of, or adjudicated a youthful offender for, a violation
of  subdivision two, two-a or three of section eleven hundred ninety-two
of this article to a period of probation or conditional discharge, as  a
condition  of  which it shall order such person to install and maintain,
in accordance with the provisions of section eleven hundred ninety-eight
of this article, an ignition interlock device in any motor vehicle owned
or operated by such person during the term of such probation  or  condi-
tional  discharge  imposed  for such violation of section eleven hundred
ninety-two of this article and in no event for a  period  of  less  than
twelve   months;  provided,  however,  that  such  period  of  interlock
restriction shall terminate upon submission of proof  that  such  person
installed  and  maintained an ignition interlock device for at least six
months, unless the court ordered such person to install and  maintain  a
ignition  interlock  device  for  a  longer period as authorized by this
subparagraph and specified  in  such  order.  The  period  of  interlock
restriction  shall  commence from the earlier of the date of sentencing,
or the date that an ignition interlock device was installed  in  advance
of sentencing. Provided, however, the court may not authorize the opera-
tion  of  a  motor  vehicle  by any person whose license or privilege to
operate a motor vehicle has been revoked pursuant to the  provisions  of
this section.
  (d)  Alcohol or drug related offenses; special vehicles. (1) Except as
provided in subparagraph four of this paragraph, a violation of subdivi-

A. 196                              4

sion one, two, three, four or four-a of section eleven  hundred  ninety-
two  of  this  article  wherein  the  violator is operating a taxicab as
defined in section one hundred forty-eight-a of this chapter, or  livery
as defined in section one hundred twenty-one-e of this chapter, and such
taxicab  or  livery is carrying a passenger for compensation, or a truck
with a GVWR of more than eighteen thousand  pounds  but  not  more  than
twenty-six  thousand  pounds and which is not a commercial motor vehicle
shall be a misdemeanor punishable by a  fine  of  not  less  than  [five
hundred]  ONE THOUSAND dollars nor more than [fifteen] TWO THOUSAND FIVE
hundred dollars or by a period of imprisonment as provided in the  penal
law,  or  by both such fine and imprisonment. A violation of subdivision
two-a of section eleven hundred ninety-two of this article  wherein  the
violator  is  operating  a  taxicab  as  defined  in section one hundred
forty-eight-a of this chapter, or  livery  as  defined  in  section  one
hundred  twenty-one-e  of  this  chapter,  and such taxicab or livery is
carrying a passenger for compensation, or a truck with a  GVWR  of  more
than  eighteen  thousand  pounds  but  not more than twenty-six thousand
pounds and which is not a commercial motor vehicle shall be  a  class  E
felony  punishable  by  a fine of not less than one thousand dollars nor
more than five thousand dollars  or  by  a  period  of  imprisonment  as
provided in the penal law, or by both such fine and imprisonment.
  (1-a)  A  violation of subdivision one of section eleven hundred nine-
ty-two of this article wherein the violator is operating a school bus as
defined in section one hundred forty-two of this chapter and such school
bus is carrying at least one student passenger shall  be  a  misdemeanor
punishable  by  a  fine  of  not  less  than [five hundred] ONE THOUSAND
dollars nor more than [fifteen] TWO THOUSAND FIVE hundred dollars or  by
a  period  of imprisonment as provided in the penal law, or by both such
fine and imprisonment.
  (2) A violation of subdivision five of section eleven hundred  ninety-
two of this article shall be a traffic infraction punishable as provided
in paragraph (a) of this subdivision. Except as provided in subparagraph
three  or  five  of this paragraph, a violation of subdivision one, two,
three, four, four-a or six of section eleven hundred ninety-two of  this
article wherein the violator is operating a commercial motor vehicle, or
any  motor vehicle registered or registerable under schedule F of subdi-
vision seven of section four hundred one of  this  chapter  shall  be  a
misdemeanor.  A violation of subdivision one, two, three, four or four-a
of section eleven hundred ninety-two of this article shall be punishable
by a fine of not less than [five hundred] ONE THOUSAND dollars nor  more
than  [fifteen]  TWO  THOUSAND  FIVE  hundred  dollars or by a period of
imprisonment as provided in the penal law, or  by  both  such  fine  and
imprisonment.  A  violation of subdivision six of section eleven hundred
ninety-two of this article shall be punishable by a  fine  of  not  less
than  [five  hundred]  ONE  THOUSAND dollars nor more than [fifteen] TWO
THOUSAND FIVE hundred dollars or by a  period  of  imprisonment  not  to
exceed one hundred eighty days, or by both such fine and imprisonment. A
person  who  operates  any such vehicle in violation of such subdivision
six after having been convicted of a violation of subdivision one,  two,
two-a,  three,  four, four-a or six of section eleven hundred ninety-two
of this article within the preceding five years shall be punishable by a
fine of not less than TWO THOUSAND five hundred dollars  nor  more  than
[fifteen  hundred]  FIVE THOUSAND dollars or by a period of imprisonment
as provided in the penal law, or by both such fine and  imprisonment.  A
violation  of  subdivision two-a of section eleven hundred ninety-two of
this article wherein the violator is operating a commercial motor  vehi-

A. 196                              5

cle, or any motor vehicle registered or registerable under schedule F of
subdivision seven of section four hundred one of this chapter shall be a
class  E  felony  punishable  by  a  fine  of not less than one thousand
dollars  nor more than five thousand dollars or by a period of imprison-
ment as provided in the penal law, or by both such  fine  and  imprison-
ment.
  (3)  A  violation of subdivision one of section eleven hundred ninety-
two of this article wherein the violator is operating  a  motor  vehicle
with a gross vehicle weight rating of more than eighteen thousand pounds
which  contains flammable gas, radioactive materials or explosives shall
be a misdemeanor punishable by a fine of not less than TWO THOUSAND five
hundred dollars nor more than [fifteen hundred] FIVE THOUSAND dollars or
by a period of imprisonment as provided in the penal  law,  or  by  both
such fine and imprisonment.
  (4)  (i)  A  person who operates a vehicle in violation of subdivision
one, two, two-a, three, four or four-a of section eleven  hundred  nine-
ty-two  of  this article and which is punishable as provided in subpara-
graph one, one-a, two or three  of  this  paragraph  after  having  been
convicted  of  a  violation  of  any  such subdivision of section eleven
hundred ninety-two of this article and penalized under subparagraph one,
one-a, two or three of this paragraph within the  preceding  ten  years,
shall be guilty of a class E felony, which shall be punishable by a fine
of  not  less than [one] TWO thousand FIVE HUNDRED dollars nor more than
[five] TEN thousand dollars, or by a period of imprisonment as  provided
in  the  penal  law, or by both such fine and imprisonment. A person who
operates a vehicle in violation of subdivision  six  of  section  eleven
hundred ninety-two of this article after having been convicted of two or
more  violations of subdivisions one, two, two-a, three, four, four-a or
six of section eleven hundred ninety-two  of  this  article  within  the
preceding five years, any one of which was a misdemeanor, shall be guil-
ty  of a class E felony, which shall be punishable by a fine of not less
than [one] THREE thousand FIVE HUNDRED dollars nor more than [five]  TEN
thousand  dollars,  or  by  a  period of imprisonment as provided in the
penal law, or by both such  fine  and  imprisonment.  In  addition,  any
person  sentenced  pursuant to this subparagraph shall be subject to the
disqualification provided in subparagraph  three  of  paragraph  (e)  of
subdivision two of this section.
  (ii)  A person who operates a vehicle in violation of subdivision one,
two, two-a, three, four or four-a of section eleven  hundred  ninety-two
of this article and which is punishable as provided in subparagraph one,
one-a,  two  or three of this paragraph after having been convicted of a
violation of any such subdivision of section eleven  hundred  ninety-two
of  this  article  and  penalized  under subparagraph one, one-a, two or
three of this paragraph twice within the preceding ten years,  shall  be
guilty  of  a class D felony, which shall be punishable by a fine of not
less than [two]  FIVE  thousand  dollars  nor  more  than  ten  thousand
dollars, or by a period of imprisonment as provided in the penal law, or
by  both  such fine and imprisonment. A person who operates a vehicle in
violation of subdivision six of section  eleven  hundred  ninety-two  of
this  article after having been convicted of three or more violations of
subdivisions one, two, two-a, three, four,  four-a  or  six  of  section
eleven  hundred  ninety-two  of  this  article within the preceding five
years, any one of which was a misdemeanor, shall be guilty of a class  D
felony,  which shall be punishable by a fine of not less than [two] FIVE
thousand dollars nor more than ten thousand dollars, or by a  period  of
imprisonment  as  provided  in  the  penal law, or by both such fine and

A. 196                              6

imprisonment. In addition, any person sentenced pursuant to this subpar-
agraph shall be subject to the disqualification provided in subparagraph
three of paragraph (e) of subdivision two of this section.
  (4-a) A violation of subdivision two, three, four or four-a of section
eleven  hundred ninety-two of this article wherein the violator is oper-
ating a school bus as defined in section one hundred forty-two  of  this
chapter  and  such school bus is carrying at least one student passenger
shall be a class E felony punishable by a fine of not  less  than  [one]
TWO  thousand  FIVE  HUNDRED  dollars  nor more than [five] TEN thousand
dollars, or by a period of imprisonment as provided in the penal law, or
by both such fine and imprisonment. A violation of subdivision two-a  of
section  eleven  hundred ninety-two of this article wherein the violator
is operating a school bus as defined in section one hundred forty-two of
this chapter and such school  bus  is  carrying  at  least  one  student
passenger  shall  be  a  class D felony punishable by a fine of not less
than two thousand dollars nor more than ten thousand dollars,  or  by  a
period  of  imprisonment  as  provided in the penal law, or by both such
fine and imprisonment.
  (5) A violation of subdivision two, three, four or four-a  of  section
eleven  hundred ninety-two of this article wherein the violator is oper-
ating a motor vehicle with a gross vehicle weight rating  of  more  than
eighteen thousand pounds which contains flammable gas, radioactive mate-
rials  or  explosives, shall be a class E felony punishable by a fine of
not less than [one] TWO thousand FIVE HUNDRED dollars NOR MORE THAN  TEN
THOUSAND  DOLLARS  and such other penalties as provided for in the penal
law; provided, however, that a conviction for such violation  shall  not
be  considered a predicate felony pursuant to section 70.06 of such law,
or a previous felony conviction pursuant to section 70.10 of such law. A
violation of subdivision two-a of section eleven hundred  ninety-two  of
this  article  wherein  the violator is operating a motor vehicle with a
gross vehicle weight rating of more than eighteen thousand pounds  which
contains  flammable gas, radioactive materials or explosives, shall be a
class D felony punishable by a fine of not less than  two  thousand  nor
more  than ten thousand dollars and such other penalties as provided for
in the  penal  law;  provided,  however,  that  a  conviction  for  such
violation shall not be considered a predicate felony pursuant to section
70.06  of  such law, or a previous felony conviction pursuant to section
70.10 of such law.
  (6) The sentences required to be imposed by subparagraph  one,  one-a,
two,  three,  four,  four-a  or  five of this paragraph shall be imposed
notwithstanding any contrary provision of this chapter or the penal law.
  (7) Nothing contained in this paragraph shall prohibit the  imposition
of a charge of any other felony set forth in this or any other provision
of law for any acts arising out of the same incident.
  (e)  Certain  sentences  prohibited. Notwithstanding any provisions of
the penal law, no judge or magistrate shall impose a sentence of  uncon-
ditional  discharge for a violation of any subdivision of section eleven
hundred ninety-two of this article  nor  shall  a  judge  or  magistrate
impose  a  sentence  of conditional discharge, IMPRISONMENT or probation
unless such conditional discharge, IMPRISONMENT or probation is accompa-
nied by a sentence of a fine as provided in this subdivision.
  (f) Where the court imposes a sentence  for  a  violation  of  section
eleven  hundred  ninety-two  of  this article, the court may require the
defendant, as a part of or as a condition of such sentence, to attend  a
single  session  conducted  by a victims impact program. For purposes of
this section, "victims impact program" means a  program  operated  by  a

A. 196                              7

county,  a  city with a population of one million or more, by a not-for-
profit organization authorized by any such county or city, or a combina-
tion thereof, in which presentations are made concerning the  impact  of
operating  a motor vehicle while under the influence of alcohol or drugs
to one or more persons who have  been  convicted  of  such  offenses.  A
description of any such program shall be filed with the commissioner and
with  the coordinator of the special traffic options program for driving
while intoxicated established pursuant to section eleven  hundred  nine-
ty-seven  of this article, and shall be made available to the court upon
request. Nothing contained herein shall  be  construed  to  require  any
governmental entity to create such a victim impact program.
  (g) The office of probation and correctional alternatives shall recom-
mend  to  the  commissioner of the division of criminal justice services
regulations governing the monitoring of compliance by persons ordered to
install and maintain ignition interlock devices to provide standards for
monitoring by departments of probation, and options  for  monitoring  of
compliance by such persons, that counties may adopt as an alternative to
monitoring by a department of probation.
  S  2. Paragraph (b) of subdivision 2 of section 511 of the vehicle and
traffic law, as amended by chapter 607 of the laws of 1993,  is  amended
to read as follows:
  (b)  Aggravated  unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime  under
subparagraph  (i)  of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred  eighty  days;  or
(iii)  where appropriate a sentence of probation as provided in subdivi-
sion six of this section; or (iv) a term of imprisonment as a  condition
of  a  sentence of probation as provided in the penal law and consistent
with this section. When a  person  is  convicted  of  this  crime  under
subparagraph  (ii),  (iii) or (iv) of paragraph (a) of this subdivision,
the sentence of the court must be: (i) a fine of  not  less  than  [five
hundred]  ONE  THOUSAND  dollars  nor  more than [one] TWO thousand FIVE
HUNDRED dollars; and (ii) a term of imprisonment of not less than  seven
days nor more than one hundred eighty days, or (iii) where appropriate a
sentence of probation as provided in subdivision six of this section; or
(iv) a term of imprisonment as a condition of a sentence of probation as
provided in the penal law and consistent with this section.
  S  3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of  the  laws
of 1990, is amended to read as follows:
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted  of  this  crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five hundred] TWO THOUSAND dollars nor more than five thousand dollars;
and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
where appropriate and a term of imprisonment  is  not  required  by  the
penal  law,  a  sentence  of probation as provided in subdivision six of
this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
sentence of probation as provided in the penal law.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law.