This bill has been amended

Bill S5338-2011

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated; repealer

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs.

Details

Actions

  • Jan 30, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • Jun 1, 2011: REPORTED AND COMMITTED TO FINANCE
  • May 9, 2011: REFERRED TO ALCOHOLISM AND DRUG ABUSE

Meetings

Votes

VOTE: COMMITTEE VOTE: - Alcoholism and Drug Abuse - Jun 1, 2011
Ayes (6): Bonacic, Hannon, McDonald, Klein, Huntley, Breslin
VOTE: COMMITTEE VOTE: - Alcoholism and Drug Abuse - Jan 30, 2012
Ayes (5): Bonacic, Hannon, McDonald, Klein, Breslin
Excused (1): Huntley

Memo

BILL NUMBER:S5338

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to enacting "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs; and to repeal certain provisions of such law relating thereto

PURPOSE: To enact Vince's law which would increase the criminal penalties for driving while intoxicated or impaired by drugs, and would specifically address repeat offenders by increasing fines, terms of imprisonment and license conditions for persistent drunk drivers.

SUMMARY OF PROVISIONS: Section 1 creates the law known as Vince's law

Section 2 amends the vehicle and traffic law section 1193. For a first offense the fine would increase from no less than $500 to no less than $1000, and would require offenders to receive a conditional license for 18 months allowing them to drive back and forth to work, and back and forth to the hospital, doctor, dentist, or emergency room. A second offense, would result in a felony that would require a mandatory license revocation of 18 months, a $2500 fine and a mandatory period of incarceration of six months to one year. After a third offense and each conviction thereafter, offenders would face a mandatory license revocation of 7 years, a $5000 fine and a mandatory incarceration period of 5 to 7 years.

Section 3 repeals subdivision 10 of section 1192 of the vehicle and traffic law and adds a new subdivision that would impose plea bargain limitations.

Section 4 Establishes the 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. Tragically, Vince later died from his injuries. During the ensuing investigation it was revealed that at the time of the accident, the drunk drivers blood-alcohol count was found to be 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 as well as members of the community were outraged and wanted to know why a person with five prior DWI convictions was not already in jail.

Under existing 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

those convicted of DWI, and would specifically address the issue of persistent drunk drivers by requiring those convicted of a second DWI offense and any DWI conviction thereafter to face increased penalties including a mandatory period of incarceration.

LEGISLATIVE HISTORY: New bill.

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 ________________________________________________________________________ 5338 2011-2012 Regular Sessions IN SENATE May 9, 2011 ___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse AN ACT to amend the vehicle and traffic law, in relation to enacting "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs; and to repeal certain provisions of such law relating thereto 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. Paragraphs (b) and (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: (b) 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; misdemeanor offenses. (i) A violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of this article shall be a misdemeanor and shall be punishable by a fine of not less than [five hundred] ONE THOUSAND dollars nor more than one thousand FIVE HUNDRED dollars, or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and imprisonment. A violation of paragraph (a) of subdivision two-a of section eleven hundred ninety-two of this article shall be a misdemeanor and shall be punishable by a fine of not less than one thousand FIVE HUNDRED dollars nor more than [two] THREE thousand [five hundred] dollars or by imprisonment in a penitentiary or county jail for not more than one year, or by both such fine and impri- sonment. (ii) In addition to the imposition of any fine or period of imprison- ment set forth in this paragraph, the court shall also sentence such
person convicted of a violation of subdivision two, two-a or three of section eleven hundred ninety-two of this article to a period of probation or conditional discharge, as a condition of which it shall order such person to install and maintain, in accordance with the provisions of section eleven hundred ninety-eight of this article, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such probation or conditional discharge imposed for such violation of section eleven hundred ninety-two of this article and in no event for less than six months. Provided, however, the court may not authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked pursuant to the provisions of this section. (III) IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON- MENT SET FORTH IN THIS PARAGRAPH, THE COURT SHALL ALSO SENTENCE SUCH PERSON CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE TO A PERIOD OF PROBATION OR CONDITIONAL DISCHARGE, AS A CONDITION OF WHICH IT SHALL ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON BE LIMITED IN ITS SCOPE TO AUTHORIZE SUCH PERSON TO OPERATE A MOTOR VEHICLE ONLY FOR THE PURPOSES OF TRAVELING TO OR FROM WORK OR TO OR FROM A HOSPITAL, DOCTOR'S OFFICE, DENTIST OFFICE, EMERGENCY ROOM OR OTHER LOCATION WHERE MEDICAL SERVICES ARE PROVIDED FOR A PERIOD OF NOT LESS THAN EIGHTEEN MONTHS. ANY VIOLATION OF THE CONDITIONS SET FORTH IN THIS SUBPARAGRAPH SHALL RESULT IN THE IMMEDIATE REVOCATION OF SUCH PERSON'S LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF NOT LESS THAN EIGH- TEEN MONTHS FROM THE DATE OF SUCH VIOLATION. PROVIDED, HOWEVER, THE COURT MAY NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY ANY PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN REVOKED PURSUANT TO THE PROVISIONS OF THIS SECTION. (c) Felony offenses. (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 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, 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] TWO thousand FIVE HUNDRED dollars nor more than five thousand dollars [or] AND 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 years, shall be guilty of a class D felony, and shall be punished by a fine of not less than [two]
FIVE thousand dollars nor more than ten thousand dollars [or] AND by a period of imprisonment as provided in the penal law, [or by both such fine and imprisonment] PROVIDED THAT SUCH PERIOD OF IMPRISONMENT SHALL NOT BE LESS THAN FIVE YEARS NOR MORE THAN SEVEN YEARS. (iii) [In addition to the imposition of any fine or period of impri- sonment set forth in this paragraph, the court shall also sentence such person convicted of a violation of subdivision two, two-a or three of section eleven hundred ninety-two of this article to a period of probation or conditional discharge, as a condition of which it shall order such person to install and maintain, in accordance with the provisions of section eleven hundred ninety-eight of this article, an ignition interlock device in any motor vehicle owned or operated by such person during the term of such probation or conditional discharge imposed for such violation of section eleven hundred ninety-two of this article and in no event for a period of less than six months. Provided, however, the court may not authorize the operation of a motor vehicle by any person whose license or privilege to operate a motor vehicle has been revoked pursuant to the provisions of this section.] A. IN ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISONMENT SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE COURT SHALL ALSO ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON SHALL BE REVOKED FOR A PERIOD OF EIGHTEEN MONTHS. B. IN ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISON- MENT SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE COURT SHALL ALSO ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON SHALL BE REVOKED FOR A PERIOD OF SEVEN YEARS. S 3. Subdivision 10 of section 1192 of the vehicle and traffic law is REPEALED and a new subdivision 10 is added to read as follows: 10. PLEA BARGAIN LIMITATIONS. IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A VIOLATION OF SUBDIVISION TWO, THREE, FOUR OR FOUR-A OF THIS SECTION, NO PLEA OF GUILTY TO A LESSER CHARGE MAY BE ENTERED IN SATISFACTION OF SUCH CHARGE. 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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