Bill S165-2011

Expands application of additional penalties for repeat driving while intoxicated offenses to vehicular drug related offenses

Expands the requirement of mandatory imprisonment or community service for repeat convictions of driving while intoxicated, driving while impaired by drugs and commercial vehicle alcohol offenses; increases the period of revocation of an operator's license and registration to 2 years for the first repeat conviction within 10 years, and 4 years for the second and subsequent convictions within such period of time.

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

Memo

BILL NUMBER:S165

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to repeat convictions of alcohol and drug-related offenses

PURPOSE: Increase the penalties for repeat driving while intoxicated.

SUMMARY OF PROVISIONS: This bill increases the period of revocation for repeat offenders from one year to two years for drivers convicted of one prior DWI violation, and from one year to four years for drivers with two or more prior DWI convictions within ten years. The bill also adds DWAI-Drugs and commercial DWI to the list of offenses which can receive these additional penalties of mandatory imprisonment or community service for repeat offenders. The bill requires, any person convicted of DWI, DWAI, DWAI Drugs, or commercial DWI, after having been convicted of either offense within the previous five years, be sentenced to either a minimum five day prison term of imprisonment or any person convicted of DWAI-Drugs and commercial DWI to the list of offenses which carry these additional penalties of mandatory imprisonment or community service for repeat offenders. The bill requires, any person convicted of DWI, DWAI, DWAI Drugs, or commercial DWI, after having been convicted on two or more occasions within the previous five years, be sentenced to either a minimum ten day prison term of imprisonment or 80 days of community service.

JUSTIFICATION: Federal law requires additional penalties only for multiple convictions within a 5 year period, but does not reduce additional periods of license revocation. However, New York State law presently requires that a person's license be revoked for one year where he or she is convicted of driving while intoxicated or driving while ability impaired by drugs where such person has a prior conviction for one of these offenses within the preceding 10 years. In order to be consistent with the increase in penalties for repeat offenders, there should also be an increase in the period of revocation for repeat offenders. Accordingly, this bill would increase from 1 year to 2 years the period of license revocation for persons convicted of one prior violation of such offenses, For persons with two or more prior convictions the period of revocation is increased from one year to four years, It is also important to make sure that those individuals convicted of driving while ability impaired drugs, or commercial DWI are also punished to the same extent of the law as those individuals who are convicted of DWI.

LEGISLATIVE HISTORY: S.692A; Passed Senate S.4987-13 of 2003/2004; Passed Senate S.45 of 2007; Passed Senate S.45-A of 2008; Passed Senate S.1050 of 2009/2010; Referred to Transportation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, provided that section two of this act shall take effect on the first march next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 165 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sens. MAZIARZ, ALESI, BONACIC, FLANAGAN, GOLDEN, LANZA, LAVALLE, SALAND -- 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 repeat convictions of alcohol and drug-related offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. 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 and 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 (b) of this subdivision, a person who operates a vehicle in violation of subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivision two [or], three, FOUR, FIVE OR SIX of such section within the preceding five years shall, in addition to any other penalties which may be imposed pursuant to subdivision one of this section, be sentenced to a term of imprisonment of five days or, as an alternative to such imprisonment, be required to perform thirty days of service for a public or not-for-profit corporation, association, institution or agency as set forth in paragraph (h) of subdivision two of section 65.10 of the penal law as a condition of sentencing for such violation. Notwithstanding the provisions of this paragraph, a sentence of a term of imprisonment of five days or more pursuant to the provisions of subdivision one of this section shall be deemed to be in compliance with this subdivision. (b) A person who operates a vehicle in violation of subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred ninety-two of this article after having been convicted on two or more occasions of a violation of any of such subdivisions within the preceding five years
shall, in addition to any other penalties which may be imposed pursuant to subdivision one of this section, be sentenced to a term of imprison- ment of ten days or, as an alternative to such imprisonment, be required to perform sixty days of service for a public or not-for-profit corpo- ration, association, institution or agency as set forth in paragraph (h) of subdivision two of section 65.10 of the penal law as a condition of sentencing for such violation. Notwithstanding the provisions of this paragraph, a sentence of a term of imprisonment of ten days or more pursuant to the provisions of subdivision one of this section shall be deemed to be in compliance with this subdivision. (c) A court sentencing a person pursuant to paragraph (a) or (b) of this subdivision shall: (i) order the installation of an ignition inter- lock device approved pursuant to section eleven hundred ninety-eight of this article in any motor vehicle owned or operated by the person so sentenced. Such devices shall remain installed during any period of license revocation required to be imposed pursuant to paragraph (b) of subdivision two of this section, and, upon the termination of such revo- cation period, for an additional period as determined by the court; [and] (ii) order that such person receive an assessment of the degree of their alcohol or substance abuse and dependency pursuant to the provisions of section eleven hundred ninety-eight-a of this article. Where such assessment indicates the need for treatment, such court is authorized to impose treatment as a condition of such sentence except that such court shall impose treatment as a condition of a sentence of probation or conditional discharge pursuant to the provisions of subdi- vision three of section eleven hundred ninety-eight-a of this article. Any person ordered to install an ignition interlock device pursuant to this paragraph shall be subject to the provisions of subdivisions four, five, seven, eight and nine of section eleven hundred ninety-eight of this article; AND (III) ORDER THAT, DURING ANY PERIOD OF LICENSE REVOCA- TION REQUIRED TO BE IMPOSED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THE REGISTRATION OF EACH MOTOR VEHICLE OWNED BY SUCH PERSON BE REVOKED; PROVIDED, HOWEVER, THAT THE COURT MAY GRANT RELIEF FROM SUCH REGISTRATION REVOCATION IF AN INDIVIDUAL, OTHER THAN THE PERSON SENTENCED, WOULD BE SUBJECTED TO UNDUE HARDSHIP DUE TO SUCH REVO- CATION. (d) Confidentiality of records. The provisions of subdivision six of section eleven hundred ninety-eight-a of this article shall apply to the records and content of all assessments and treatment conducted pursuant to this subdivision. S 2. Subparagraph 3 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, is amended to read as follows: (3) 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; prior offense. [One year] TWO YEARS, where the holder is convicted of a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article. [Eighteen months] FOUR YEARS, where the holder is convicted of a violation of subdivision two-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two, two-a, three, four or four-a of section eleven hundred ninety-two of this article; or where the holder is convicted of a violation of subdi-
vision two, three, four or four-a of section eleven hundred ninety-two of this article committed within ten years of a conviction for a violation of subdivision two-a of section eleven hundred ninety-two of this article. FOUR YEARS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER HAVING BEEN CONVICTED TWO OR MORE TIMES OF A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS. S 3. This act shall take effect immediately, provided that section two of this act shall take effect on the first of March next succeeding the date on which it shall have become a law.

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