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

                                  8021

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2013
                               ___________

Introduced  by M. of A. ROBERTS -- read once and referred to the Commit-
  tee on Transportation

AN ACT to amend the vehicle and  traffic  law  and  the  penal  law,  in
  relation to enacting "Vince's law"

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

  Section 1.  This act shall be known and may be cited as "Vince's law".
  S 2. Subparagraphs (i) and (ii) of paragraph (c) of subdivision  1  of
section  1193  of the vehicle and traffic law, as amended by chapter 496
of the laws of 2009, are amended and a new subparagraph (ii-a) is  added
to read as follows:
  (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 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, within the preceding [ten] FIFTEEN 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 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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11261-01-3
              

A. 8021                             2

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] FIFTEEN years, shall be guil-
ty 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.
  (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.
  S 3. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
as  amended  by  chapter  410 of the laws of 1979, is amended to read as
follows:
  (a) A second felony offender is a person, other than a second  violent
felony  offender  as defined in section 70.04, who stands convicted of a
felony [defined in this chapter], other than a class A-I  felony,  after
having  previously  been  subjected  to  one  or  more  predicate felony
convictions as defined in paragraph (b) of this subdivision.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.