Bill S142-2011

Increases penalties for certain alcohol related driving convictions

Increases penalties for repeat driving while ability impaired conviction committed within the preceding ten years or for a fourth conviction for a similar offense.

Details

Actions

  • Jan 4, 2012: REFERRED TO TRANSPORTATION
  • Jan 5, 2011: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S142

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to increasing penalties for certain alcohol related driving convictions

PURPOSE: Creates a new Class E felony when a person is convicted of a fourth violation of Driving While Ability Impaired under vehicle and traffic law section 1192, subdivision one.

SUMMARY OF PROVISIONS: Section one amends section 1193 of the vehicle and traffic law to provide that a conviction of Driving While Ability Impaired (DWAI) under section 1192 subdivision one, after three prior offenses under section 1192 within 10 years is a Class E felony offense and is punishable by a fine of $1,000 to $5,000 and/or imprisonment from 1 to 3 years minimum, The bill also amends section 1193 of the vehicle and traffic law by adding DWAI as a misdemeanor or DWAI as a felony to the list of felony offenses as depicted in this list of sanctions.

JUSTIFICATION: Under current law, section 1193(1) (c), imposes a felony offense for a second conviction of DWI or DWAI-drugs, This legislation would create a new felony offense for the conviction of DWAI after three prior convictions for offenses under section 1192 of the vehicle and traffic law as well as a mandatory one year's driver's license suspension, Driving while under the influence of alcohol or drugs can lead to serious injuries or death of not only the drivers but also passengers, pedestrians and occupants of other motor vehicles. The potential serious consequences of such action dictate that the law must reflect that multiple offenses are unacceptable. Therefore, this legislation seeks to create a new felony offense for DWAI after three prior convictions for DWAI.

LEGISLATIVE HISTORY: 1997: S.405 -- Passed Senate; 1998: S.405 -- Senate Alcoholism and Drug Abuse Committee; 1999 & 2000: S.4613 -- Passed Senate both years S.1897 of 2001 and 2002; Passed Senate S.729B of 2003/2004; Passed Senate S.203 of 2005 and 2006; Passed Senate; Passed Senate S.43 of 2007 and 2008 Passed Senate. S.1048 of 2009-2010; Referred to Transportation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1st next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 142 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MAZIARZ, ALESI, DeFRANCISCO, FLANAGAN, JOHNSON, LANZA, SALAND, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing penalties for certain alcohol related driving convictions 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) A PERSON WHO OPERATES A VEHICLE IN VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER HAVING BEEN CONVICTED THREE TIMES PREVIOUSLY OF A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WITHIN THE PRECEDING TEN YEARS, 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. S 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by chapter 75 of the laws of 1994, is amended to read as follows: (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 hundred dollars nor more than five hundred dollars or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. 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 hundred dollars nor more than seven hundred fifty 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 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 dollars nor more than fifteen hundred dollars, or by imprisonment of not more than one hundred eighty days in a peni- tentiary or county jail or by both such fine and imprisonment. S 3. 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 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 DRIVING WHILE ABILITY IMPAIRED AS A MISDEMEANOR PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, 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 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 DRIVING WHILE ABILITY IMPAIRED AS A FELONY PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH 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 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 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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