Bill S848-2013

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders by precluding the plea to a lesser offense where the offender has been convicted of a driving while under the influence of drugs or alcohol offense within the previous 10 years.

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  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S848

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to limiting options for plea bargaining for certain repeat driving under the influence of alcohol or drugs offenders

PURPOSE: This bill would preclude plea bargaining from DWI to DWAI, or from DWAI to a non-alcohol offense, for offenders who have been convicted of DWI or DWAI within the previous ten years.

SUMMARY OF PROVISIONS: Amends §1192(10) of the Vehicle and Traffic Law to preclude plea bargains from DWI to DWAI or from DWAI to any non-alcohol offense when the person has previously been convicted of DWI or DWAI within ten years.

JUSTIFICATION: New York State currently has a provision prohibiting plea bargaining to a non-alcohol offense for offenders charged with DWI. This prohibition has been very successful in ensuring that such offenders' records more accurately reflect the alcohol-involved nature of the offense. Plea bargaining should be further curtailed for certain repeat offenders' under current law, offenders may continually plead to DWAI from a DWI charge and to non-alcohol related offenses from a DWAI charge. An individual previously charged with DWAI but who was allowed to plead guilty to a non-alcohol related charge, for example, at present will not be identified or punished as a repeat offender upon rearrest. Existing "loopholes" in the law should be closed by precluding plea bargaining from DWI to DWAI and from DWAI to a non-alcohol offense for offenders with a previous DWI or DWAI conviction within ten years.

LEGISLATIVE HISTORY: 2011-12: S.3367/A.6196 - Died in Transportation 2009-10: S.1804 - Referred to Transportation

FISCAL IMPLICATIONS: An anticipated increase in fine revenues.

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 848 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. PARKER -- 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 limiting options for plea bargaining for certain repeat driving under the influence of alcohol or drugs offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 1192 of the vehicle and traffic law is amended by adding two new paragraphs (e) and (f) to read as follows: (E) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A VIOLATION OF SUBDIVISION ONE OF THIS SECTION AND THE PERSON SO CHARGED HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN YEARS, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND NO OTHER DISPOSI- TION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF SUCH CHARGE SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION. (F) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION AND THE PERSON SO CHARGED HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN YEARS, ANY PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF
THIS SECTION AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF SUCH CHARGE SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE CHARGE OF A VIOLATION OF THIS SECTION IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH DISPOSITION. S 2. 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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