Bill S4267-2013

Enacts "Vince's law" to extend the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony and increases penalties by one felony class

Enacts "Vince's law"; extends the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony; increases driving while intoxicated felonies by one class.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • May 6, 2013: referred to transportation
  • May 6, 2013: DELIVERED TO ASSEMBLY
  • May 6, 2013: PASSED SENATE
  • Apr 22, 2013: ADVANCED TO THIRD READING
  • Apr 17, 2013: 2ND REPORT CAL.
  • Apr 16, 2013: 1ST REPORT CAL.344
  • Mar 18, 2013: REFERRED TO TRANSPORTATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Transportation - Apr 16, 2013
Ayes (18): Fuschillo, Robach, Carlucci, Gallivan, Larkin, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Young, Zeldin, Dilan, Diaz, Kennedy, Perkins, Squadron, Stavisky, Gipson

Memo

BILL NUMBER:S4267

TITLE OF BILL: An act to amend the vehicle and traffic law and the penal law, in relation to enacting "Vince's law"

PURPOSE: To enact Vince's law to extend the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony and increase penalties by one felony class.

SUMMARY OF PROVISIONS:

Section 1- creates the law known as Vince's law

Section 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.

Section 3 - Amends paragraph (a) of subdivision 1 of section 70.06 of the penal law, as amended by Chapter 410 of the laws of 1979.

Section 4 - Effective Date

JUSTIFICATION: In January 2011, 82 year old Vincent Russo was on his way to Sunday morning mass, when he was critically injured after being struck head-on by a drunk driver and tragically, died from his injuries. It was later discovered that at the time of the accident, the drivers blood-alcohol count was four times the legal limit in New York State, and that he was free awaiting sentencing for a fifth DWI violation that occurred in November of 2010. Vince's family and community members were outraged and asked why a person with five prior DWI convictions had not been incarcerated.

Under current law, judges and the district attorney's office have a great deal of discretion in imposing sentences on those convicted of DWI.

DWI is a serious offense and the penalties imposed on these offenders should reflect the seriousness of this crime. This legislation would serve to address this issue by implementing harsher penalties for each DWI conviction. This would address the issue of persistent drunk drivers by requiring those convicted of subsequent DWI offenses to face increased penalties including a mandatory period of incarceration.

LEGISLATIVE HISTORY: 2011-12 - S.5338

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: The first of November next succeeding the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4267 2013-2014 Regular Sessions IN SENATE March 18, 2013 ___________
Introduced by Sen. DeFRANCISCO -- 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 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] TWENTY-FIVE 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
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] TWENTY-FIVE 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. (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 TWENTY-FIVE YEARS, SHALL BE GUILTY OF A CLASS C 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus