S T A T E   O F   N E W   Y O R K
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                                  3826

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

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

AN  ACT  to amend the vehicle and traffic law, in relation to additional
  penalties for certain drunk driving convictions

  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 is amended by adding a new paragraph (g) to read as follows:
  (G) DRIVING WHILE INTOXICATED WITH A CHILD IN THE  VEHICLE.  A  PERSON
CONVICTED  OF  A  VIOLATION  OF  SUBDIVISION  TWO, TWO-A, THREE, FOUR OR
FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THIS  ARTICLE,  WHERE  A
CHILD  UNDER  THE  AGE OF SEVENTEEN WAS A PASSENGER IN THE VEHICLE BEING
OPERATED, SHALL BE SUBJECT TO THE FOLLOWING PENALTIES IN ADDITION TO THE
CURRENT PENALTIES:
  (1) FOR A FIRST SUCH OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN  TWO
THOUSAND  DOLLARS  NOR  MORE  THAN FIVE THOUSAND DOLLARS AND FORTY-EIGHT
CONSECUTIVE HOURS OF IMPRISONMENT;
  (2) FOR ANY SUBSEQUENT OFFENSE, AN ADDITIONAL FINE OF  NOT  LESS  THAN
FIVE  THOUSAND  DOLLARS  NOR MORE THAN TEN THOUSAND DOLLARS AND AN ADDI-
TIONAL TERM OF IMPRISONMENT OF NOT LESS THAN ONE YEAR NOR MORE THAN FOUR
YEARS.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00944-01-9