Enacts Vince's law, relating to operating a motor vehicle while under the influence of alcohol or drugs.
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to enacting "Vince's law"
PURPOSE OR GENERAL IDEA OF BILL: To enact Vince's Law to extend then period of time in which multiple driving while intoxicated convictions can occur in order to be a felony.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 - creates the law known as "Vince's Law."
Section 2 - adds a new subparagraph (ii-a) to paragraph (c) of subdivision one of Section 1193 of the Vehicle and Traffic Law.
Section 3 -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 driver's 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.
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 the issue of persistent drunk drivers by requiring those convicted of subsequent DWI offenses to face increased penalties.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to violations occurring on and after such date.
STATE OF NEW YORK ________________________________________________________________________ 7108 IN SENATE April 28, 2014 ___________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, 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. Paragraph (c) of subdivision 1 of section 1193 of the vehicle and traffic law is amended by adding a new subparagraph (ii-a) to read as follows: (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. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law and shall apply to violations occurring on and after such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11261-03-4