Assembly Bill A5349

2011-2012 Legislative Session

Relates to driving while intoxicated

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5349 (ACTIVE) - Details

See Senate Version of this Bill:
S2597
Current Committee:
Assembly Transportation
Law Section:
Penal Law
Laws Affected:
Amd §1193, V & T L; Amd §70.06, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6490, S750
2015-2016: A5766, S4220
2017-2018: A4404

2011-A5349 (ACTIVE) - Summary

Relates to driving while intoxicated; imposes further penalties upon persons who operate a vehicle while under the influence of alcohol or drugs.

2011-A5349 (ACTIVE) - Bill Text download pdf

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

                                  5349

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Codes

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation to driving while intoxicated

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

  Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi-
cle and traffic law is amended by adding a new subparagraph (iv) to read
as follows:
  (IV) IN CALCULATING THE TEN YEAR PERIOD UNDER ITEM (I) OF CLAUSE B  OF
SUBPARAGRAPH  THREE OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION,
ANY PERIOD OF TIME DURING WHICH THE  PERSON  WAS  INCARCERATED  FOR  ANY
REASON  BETWEEN  THE  TIME  OF  COMMISSION  OF THE PREVIOUS VIOLATION OF
SUBDIVISION TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN  HUNDRED
NINETY-TWO  OF  THIS  ARTICLE  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, AND THE
TIME OF COMMISSION OF THE PRESENT OFFENSE SHALL BE EXCLUDED AND SUCH TEN
YEAR PERIOD SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO  THE  TIME
SERVED UNDER SUCH INCARCERATION.
  S  2.  Subdivision 1-a of section 1193 of the vehicle and traffic law,
as added by chapter 691 of the laws of 2002, paragraph (c) as amended by
chapter 669 of the laws of 2007, paragraph (d) as added by  chapter  732
of the laws of 2006, is amended to read as follows:
  1-a.  Additional  penalties. (a) Except as provided for in [paragraph]
PARAGRAPHS (A-1), (b) AND (B-1) of this subdivision, a person who  oper-
ates  a vehicle in violation of subdivision two [or], TWO-A, three, FOUR
OR FOUR-A of section eleven hundred ninety-two  of  this  article  after

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04584-03-1
              

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