A01616 Summary:

BILL NOA01616
 
SAME ASNo same as
 
SPONSORGantt (MS)
 
COSPNSRGabryszak
 
MLTSPNSR
 
Amd SS1193 & 511, V & T L
 
Increases the criminal penalties and fines for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and further increases penalties for aggravated unlicensed operation of a vehicle in the first and second degrees.
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A01616 Actions:

BILL NOA01616
 
01/09/2013referred to transportation
01/08/2014referred to transportation
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A01616 Floor Votes:

There are no votes for this bill in this legislative session.
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A01616 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1616
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced by M. of A. GANTT, GABRYSZAK -- read once and referred to the
          Committee on Transportation
 
        AN  ACT  to amend the vehicle and traffic law, in relation to increasing
          the criminal penalties for driving while ability impaired and  driving

          while  intoxicated  or  while ability impaired by drugs and increasing
          the penalties for aggravated unlicensed operation of a vehicle in  the
          first and second degrees
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 1193 of the  vehicle  and  traffic
     2  law,  as  added  by  chapter  47  of  the laws of 1988, paragraph (a) as
     3  amended by chapter 75 of the laws of 1994, paragraphs  (b)  and  (c)  as
     4  amended  by chapter 496 of the laws of 2009, paragraph (d) as amended by
     5  chapter 732 of the laws of 2006, paragraph (f) as added by  chapter  714
     6  of the laws of 1990 and paragraph (g) as amended by section 57 of part A
     7  of chapter 56 of the laws of 2010, is amended to read as follows:
     8    1. Criminal penalties. (a) Driving while ability impaired. A violation

     9  of  subdivision one of section eleven hundred ninety-two of this article
    10  shall be a traffic infraction and shall be punishable by a fine  of  not
    11  less  than  [three]  five  hundred  dollars  nor  more than [five] seven
    12  hundred fifty dollars or by imprisonment in  a  penitentiary  or  county
    13  jail  for not more than fifteen days, or by both such fine and imprison-
    14  ment. A person who operates a vehicle in violation of  such  subdivision
    15  after having been convicted of a violation of any subdivision of section
    16  eleven  hundred  ninety-two  of  this  article within the preceding five
    17  years shall be punished by a fine of not less than [five] seven  hundred
    18  fifty  dollars nor more than [seven hundred fifty] one thousand dollars,

    19  or by imprisonment of not more than thirty days  in  a  penitentiary  or
    20  county jail or by both such fine and imprisonment. A person who operates
    21  a  vehicle  in violation of such subdivision after having been convicted
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05743-01-3

        A. 1616                             2
 
     1  two or more times of a violation of any subdivision  of  section  eleven
     2  hundred  ninety-two of this article within the preceding ten years shall
     3  be guilty of a misdemeanor, and shall be punished by a fine of not  less
     4  than  [seven  hundred  fifty] one thousand dollars nor more than fifteen

     5  hundred dollars, or by imprisonment of not more than one hundred  eighty
     6  days in a penitentiary or county jail or by both such fine and imprison-
     7  ment.
     8    (b)  Driving  while  intoxicated or while ability impaired by drugs or
     9  while ability impaired by the combined influence of drugs or of  alcohol
    10  and any drug or drugs; aggravated driving while intoxicated; misdemeanor
    11  offenses.  (i)  A violation of subdivision two, three, four or four-a of
    12  section eleven hundred ninety-two of this article shall be a misdemeanor
    13  and shall be punishable by a fine of not less than [five] seven  hundred
    14  fifty  dollars  nor  more  than one thousand five hundred dollars, or by
    15  imprisonment in a penitentiary or county jail  for  not  more  than  one
    16  year,  or  by  both such fine and imprisonment. A violation of paragraph

    17  (a) of subdivision two-a of section eleven hundred  ninety-two  of  this
    18  article  shall be a misdemeanor and shall be punishable by a fine of not
    19  less than one thousand dollars nor more than two thousand  five  hundred
    20  dollars or by imprisonment in a penitentiary or county jail for not more
    21  than one year, or by both such fine and imprisonment.
    22    (ii)  In addition to the imposition of any fine or period of imprison-
    23  ment set forth in this paragraph, the court  shall  also  sentence  such
    24  person  convicted  of  a violation of subdivision two, two-a or three of
    25  section eleven hundred  ninety-two  of  this  article  to  a  period  of
    26  probation  or  conditional  discharge,  as a condition of which it shall
    27  order such person to  install  and  maintain,  in  accordance  with  the
    28  provisions  of  section  eleven hundred ninety-eight of this article, an

    29  ignition interlock device in any motor vehicle owned or operated by such
    30  person during the  term  of  such  probation  or  conditional  discharge
    31  imposed  for such violation of section eleven hundred ninety-two of this
    32  article and in no event for less than six months. Provided, however, the
    33  court may not authorize the operation of a motor vehicle by  any  person
    34  whose  license  or privilege to operate a motor vehicle has been revoked
    35  pursuant to the provisions of this section.
    36    (c) Felony offenses. (i) A  person  who  operates  a  vehicle  (A)  in
    37  violation  of  subdivision  two, two-a, three, four or four-a of section
    38  eleven hundred ninety-two of this article after having been convicted of
    39  a violation of subdivision two, two-a, three, four  or  four-a  of  such
    40  section  or  of  vehicular  assault  in  the  second or first degree, as

    41  defined, respectively, in sections  120.03  and  120.04  and  aggravated
    42  vehicular  assault as defined in section 120.04-a of the penal law or of
    43  vehicular manslaughter in  the  second  or  first  degree,  as  defined,
    44  respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
    45  homicide as defined in section 125.14 of such law, within the  preceding
    46  ten  years, or (B) in violation of paragraph (b) of subdivision two-a of
    47  section eleven hundred ninety-two of this article shall be guilty  of  a
    48  class  E  felony,  and  shall be punished by a fine of not less than one
    49  thousand five hundred dollars nor more than five thousand dollars or  by
    50  a  period  of imprisonment as provided in the penal law, or by both such
    51  fine and imprisonment.
    52    (ii) A person who operates a vehicle in violation of subdivision  two,

    53  two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
    54  this article after having been convicted of a violation  of  subdivision
    55  two,  two-a,  three,  four  or  four-a  of  such section or of vehicular
    56  assault in the second or first  degree,  as  defined,  respectively,  in

        A. 1616                             3
 
     1  sections  120.03  and 120.04 and aggravated vehicular assault as defined
     2  in section 120.04-a of the penal law or of vehicular manslaughter in the
     3  second or first degree, as defined, respectively, in sections 125.12 and
     4  125.13 and aggravated vehicular homicide as defined in section 125.14 of
     5  such  law,  twice  within  the preceding ten years, shall be guilty of a
     6  class D felony, and shall be punished by a fine of  not  less  than  two
     7  thousand five hundred dollars nor more than ten thousand dollars or by a

     8  period  of  imprisonment  as  provided in the penal law, or by both such
     9  fine and imprisonment.
    10    (iii) In addition to the imposition of any fine or period of imprison-
    11  ment set forth in this paragraph, the court  shall  also  sentence  such
    12  person  convicted  of  a violation of subdivision two, two-a or three of
    13  section eleven hundred  ninety-two  of  this  article  to  a  period  of
    14  probation  or  conditional  discharge,  as a condition of which it shall
    15  order such person to  install  and  maintain,  in  accordance  with  the
    16  provisions  of  section  eleven hundred ninety-eight of this article, an
    17  ignition interlock device in any motor vehicle owned or operated by such
    18  person during the  term  of  such  probation  or  conditional  discharge
    19  imposed  for such violation of section eleven hundred ninety-two of this

    20  article and in no event for a period of less than six months.  Provided,
    21  however, the court may not authorize the operation of a motor vehicle by
    22  any  person  whose  license  or privilege to operate a motor vehicle has
    23  been revoked pursuant to the provisions of this section.
    24    (d) Alcohol or drug related offenses; special vehicles. (1) Except  as
    25  provided in subparagraph four of this paragraph, a violation of subdivi-
    26  sion  one,  two, three, four or four-a of section eleven hundred ninety-
    27  two of this article wherein the  violator  is  operating  a  taxicab  as
    28  defined  in section one hundred forty-eight-a of this chapter, or livery
    29  as defined in section one hundred twenty-one-e of this chapter, and such
    30  taxicab or livery is carrying a passenger for compensation, or  a  truck
    31  with  a  GVWR  of  more  than eighteen thousand pounds but not more than

    32  twenty-six thousand pounds and which is not a commercial  motor  vehicle
    33  shall  be  a  misdemeanor  punishable  by  a fine of not less than [five
    34  hundred] one thousand dollars nor more than [fifteen] two thousand  five
    35  hundred  dollars or by a period of imprisonment as provided in the penal
    36  law, or by both such fine and imprisonment. A violation  of  subdivision
    37  two-a  of  section eleven hundred ninety-two of this article wherein the
    38  violator is operating a  taxicab  as  defined  in  section  one  hundred
    39  forty-eight-a  of  this  chapter,  or  livery  as defined in section one
    40  hundred twenty-one-e of this chapter, and  such  taxicab  or  livery  is
    41  carrying  a  passenger  for compensation, or a truck with a GVWR of more
    42  than eighteen thousand pounds but  not  more  than  twenty-six  thousand

    43  pounds  and  which  is not a commercial motor vehicle shall be a class E
    44  felony punishable by a fine of not less than one  thousand  dollars  nor
    45  more  than  five  thousand  dollars  or  by  a period of imprisonment as
    46  provided in the penal law, or by both such fine and imprisonment.
    47    (1-a) A violation of subdivision one of section eleven  hundred  nine-
    48  ty-two of this article wherein the violator is operating a school bus as
    49  defined in section one hundred forty-two of this chapter and such school
    50  bus  is  carrying  at least one student passenger shall be a misdemeanor
    51  punishable by a fine of  not  less  than  [five  hundred]  one  thousand
    52  dollars  nor more than [fifteen] two thousand five hundred dollars or by
    53  a period of imprisonment as provided in the penal law, or by  both  such
    54  fine and imprisonment.

    55    (2)  A violation of subdivision five of section eleven hundred ninety-
    56  two of this article shall be a traffic infraction punishable as provided

        A. 1616                             4
 
     1  in paragraph (a) of this subdivision. Except as provided in subparagraph
     2  three or five of this paragraph, a violation of  subdivision  one,  two,
     3  three,  four, four-a or six of section eleven hundred ninety-two of this
     4  article wherein the violator is operating a commercial motor vehicle, or
     5  any  motor vehicle registered or registerable under schedule F of subdi-
     6  vision seven of section four hundred one of  this  chapter  shall  be  a
     7  misdemeanor.  A violation of subdivision one, two, three, four or four-a
     8  of section eleven hundred ninety-two of this article shall be punishable

     9  by a fine of not less than [five hundred] one thousand dollars nor  more
    10  than  [fifteen]  two  thousand  five  hundred  dollars or by a period of
    11  imprisonment as provided in the penal law, or  by  both  such  fine  and
    12  imprisonment.  A  violation of subdivision six of section eleven hundred
    13  ninety-two of this article shall be punishable by a  fine  of  not  less
    14  than  [five  hundred]  one  thousand dollars nor more than [fifteen] two
    15  thousand five hundred dollars or by a  period  of  imprisonment  not  to
    16  exceed one hundred eighty days, or by both such fine and imprisonment. A
    17  person  who  operates  any such vehicle in violation of such subdivision
    18  six after having been convicted of a violation of subdivision one,  two,

    19  two-a,  three,  four, four-a or six of section eleven hundred ninety-two
    20  of this article within the preceding five years shall be punishable by a
    21  fine of not less than two thousand five hundred dollars  nor  more  than
    22  [fifteen  hundred]  five thousand dollars or by a period of imprisonment
    23  as provided in the penal law, or by both such fine and  imprisonment.  A
    24  violation  of  subdivision two-a of section eleven hundred ninety-two of
    25  this article wherein the violator is operating a commercial motor  vehi-
    26  cle, or any motor vehicle registered or registerable under schedule F of
    27  subdivision seven of section four hundred one of this chapter shall be a
    28  class  E  felony  punishable  by  a  fine  of not less than one thousand
    29  dollars nor more than five thousand dollars or by a period of  imprison-

    30  ment  as  provided  in the penal law, or by both such fine and imprison-
    31  ment.
    32    (3) A violation of subdivision one of section eleven  hundred  ninety-
    33  two  of  this  article wherein the violator is operating a motor vehicle
    34  with a gross vehicle weight rating of more than eighteen thousand pounds
    35  which contains flammable gas, radioactive materials or explosives  shall
    36  be a misdemeanor punishable by a fine of not less than two thousand five
    37  hundred dollars nor more than [fifteen hundred] five thousand dollars or
    38  by  a  period  of  imprisonment as provided in the penal law, or by both
    39  such fine and imprisonment.
    40    (4) (i) A person who operates a vehicle in  violation  of  subdivision
    41  one,  two,  two-a, three, four or four-a of section eleven hundred nine-
    42  ty-two of this article and which is punishable as provided  in  subpara-

    43  graph  one,  one-a,  two  or  three  of this paragraph after having been
    44  convicted of a violation of  any  such  subdivision  of  section  eleven
    45  hundred ninety-two of this article and penalized under subparagraph one,
    46  one-a,  two  or  three of this paragraph within the preceding ten years,
    47  shall be guilty of a class E felony, which shall be punishable by a fine
    48  of not less than [one] two thousand five hundred dollars nor  more  than
    49  [five]  ten thousand dollars, or by a period of imprisonment as provided
    50  in the penal law, or by both such fine and imprisonment.  A  person  who
    51  operates  a  vehicle  in  violation of subdivision six of section eleven
    52  hundred ninety-two of this article after having been convicted of two or
    53  more violations of subdivisions one, two, two-a, three, four, four-a  or

    54  six  of  section  eleven  hundred  ninety-two of this article within the
    55  preceding five years, any one of which was a misdemeanor, shall be guil-
    56  ty of a class E felony, which shall be punishable by a fine of not  less

        A. 1616                             5
 
     1  than  [one] three thousand five hundred dollars nor more than [five] ten
     2  thousand dollars, or by a period of  imprisonment  as  provided  in  the
     3  penal  law,  or  by  both  such  fine and imprisonment. In addition, any
     4  person  sentenced  pursuant to this subparagraph shall be subject to the
     5  disqualification provided in subparagraph  three  of  paragraph  (e)  of
     6  subdivision two of this section.
     7    (ii)  A person who operates a vehicle in violation of subdivision one,

     8  two, two-a, three, four or four-a of section eleven  hundred  ninety-two
     9  of this article and which is punishable as provided in subparagraph one,
    10  one-a,  two  or three of this paragraph after having been convicted of a
    11  violation of any such subdivision of section eleven  hundred  ninety-two
    12  of  this  article  and  penalized  under subparagraph one, one-a, two or
    13  three of this paragraph twice within the preceding ten years,  shall  be
    14  guilty  of  a class D felony, which shall be punishable by a fine of not
    15  less than [two]  five  thousand  dollars  nor  more  than  ten  thousand
    16  dollars, or by a period of imprisonment as provided in the penal law, or
    17  by  both  such fine and imprisonment. A person who operates a vehicle in
    18  violation of subdivision six of section  eleven  hundred  ninety-two  of
    19  this  article after having been convicted of three or more violations of

    20  subdivisions one, two, two-a, three, four,  four-a  or  six  of  section
    21  eleven  hundred  ninety-two  of  this  article within the preceding five
    22  years, any one of which was a misdemeanor, shall be guilty of a class  D
    23  felony,  which shall be punishable by a fine of not less than [two] five
    24  thousand dollars nor more than ten thousand dollars, or by a  period  of
    25  imprisonment  as  provided  in  the  penal law, or by both such fine and
    26  imprisonment. In addition, any person sentenced pursuant to this subpar-
    27  agraph shall be subject to the disqualification provided in subparagraph
    28  three of paragraph (e) of subdivision two of this section.
    29    (4-a) A violation of subdivision two, three, four or four-a of section
    30  eleven hundred ninety-two of this article wherein the violator is  oper-
    31  ating  a  school bus as defined in section one hundred forty-two of this

    32  chapter and such school bus is carrying at least one  student  passenger
    33  shall  be  a  class E felony punishable by a fine of not less than [one]
    34  two thousand five hundred dollars nor  more  than  [five]  ten  thousand
    35  dollars, or by a period of imprisonment as provided in the penal law, or
    36  by  both such fine and imprisonment. A violation of subdivision two-a of
    37  section eleven hundred ninety-two of this article wherein  the  violator
    38  is operating a school bus as defined in section one hundred forty-two of
    39  this  chapter  and  such  school  bus  is  carrying at least one student
    40  passenger shall be a class D felony punishable by a  fine  of  not  less
    41  than  two  thousand  dollars nor more than ten thousand dollars, or by a
    42  period of imprisonment as provided in the penal law,  or  by  both  such
    43  fine and imprisonment.

    44    (5)  A  violation of subdivision two, three, four or four-a of section
    45  eleven hundred ninety-two of this article wherein the violator is  oper-
    46  ating  a  motor  vehicle with a gross vehicle weight rating of more than
    47  eighteen thousand pounds which contains flammable gas, radioactive mate-
    48  rials or explosives, shall be a class E felony punishable by a  fine  of
    49  not  less than [one] two thousand five hundred dollars nor more than ten
    50  thousand dollars and such other penalties as provided for in  the  penal
    51  law;  provided,  however, that a conviction for such violation shall not
    52  be considered a predicate felony pursuant to section 70.06 of such  law,
    53  or a previous felony conviction pursuant to section 70.10 of such law. A
    54  violation  of  subdivision two-a of section eleven hundred ninety-two of

    55  this article wherein the violator is operating a motor  vehicle  with  a
    56  gross  vehicle weight rating of more than eighteen thousand pounds which

        A. 1616                             6
 
     1  contains flammable gas, radioactive materials or explosives, shall be  a
     2  class  D  felony  punishable by a fine of not less than two thousand nor
     3  more than ten thousand dollars and such other penalties as provided  for
     4  in  the  penal  law;  provided,  however,  that  a  conviction  for such
     5  violation shall not be considered a predicate felony pursuant to section
     6  70.06 of such law, or a previous felony conviction pursuant  to  section
     7  70.10 of such law.
     8    (6)  The  sentences required to be imposed by subparagraph one, one-a,
     9  two, three, four, four-a or five of  this  paragraph  shall  be  imposed

    10  notwithstanding any contrary provision of this chapter or the penal law.
    11    (7)  Nothing contained in this paragraph shall prohibit the imposition
    12  of a charge of any other felony set forth in this or any other provision
    13  of law for any acts arising out of the same incident.
    14    (e) Certain sentences prohibited. Notwithstanding  any  provisions  of
    15  the  penal law, no judge or magistrate shall impose a sentence of uncon-
    16  ditional discharge for a violation of any subdivision of section  eleven
    17  hundred  ninety-two  of  this  article  nor  shall a judge or magistrate
    18  impose a sentence of conditional discharge,  imprisonment  or  probation
    19  unless such conditional discharge, imprisonment or probation is accompa-
    20  nied by a sentence of a fine as provided in this subdivision.
    21    (f)  Where  the  court  imposes  a sentence for a violation of section

    22  eleven hundred ninety-two of this article, the  court  may  require  the
    23  defendant,  as a part of or as a condition of such sentence, to attend a
    24  single session conducted by a victims impact program.  For  purposes  of
    25  this  section,  "victims  impact  program" means a program operated by a
    26  county, a city with a population of one million or more, by  a  not-for-
    27  profit organization authorized by any such county or city, or a combina-
    28  tion  thereof,  in which presentations are made concerning the impact of
    29  operating a motor vehicle while under the influence of alcohol or  drugs
    30  to  one  or  more  persons  who  have been convicted of such offenses. A
    31  description of any such program shall be filed with the commissioner and
    32  with the coordinator of the special traffic options program for  driving
    33  while  intoxicated  established pursuant to section eleven hundred nine-

    34  ty-seven of this article, and shall be made available to the court  upon
    35  request.  Nothing  contained  herein  shall  be construed to require any
    36  governmental entity to create such a victim impact program.
    37    (g) The office of probation and correctional alternatives shall recom-
    38  mend to the commissioner of the division of  criminal  justice  services
    39  regulations governing the monitoring of compliance by persons ordered to
    40  install and maintain ignition interlock devices to provide standards for
    41  monitoring  by  departments  of probation, and options for monitoring of
    42  compliance by such persons, that counties may adopt as an alternative to
    43  monitoring by a department of probation.
    44    § 2. Paragraph (b) of subdivision 2 of section 511 of the vehicle  and
    45  traffic  law,  as amended by chapter 607 of the laws of 1993, is amended
    46  to read as follows:

    47    (b) Aggravated unlicensed operation of a motor vehicle in  the  second
    48  degree  is a misdemeanor. When a person is convicted of this crime under
    49  subparagraph (i) of paragraph (a) of this subdivision, the  sentence  of
    50  the court must be: (i) a fine of not less than five hundred dollars; and
    51  (ii)  a  term  of imprisonment not to exceed one hundred eighty days; or
    52  (iii) where appropriate a sentence of probation as provided in  subdivi-
    53  sion  six of this section; or (iv) a term of imprisonment as a condition
    54  of a sentence of probation as provided in the penal law  and  consistent
    55  with  this  section.  When  a  person  is  convicted of this crime under
    56  subparagraph (ii), (iii) or (iv) of paragraph (a) of  this  subdivision,

        A. 1616                             7
 
     1  the  sentence  of  the  court must be: (i) a fine of not less than [five

     2  hundred] one thousand dollars nor more  than  [one]  two  thousand  five
     3  hundred  dollars; and (ii) a term of imprisonment of not less than seven
     4  days nor more than one hundred eighty days, or (iii) where appropriate a
     5  sentence of probation as provided in subdivision six of this section; or
     6  (iv) a term of imprisonment as a condition of a sentence of probation as
     7  provided in the penal law and consistent with this section.
     8    §  3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
     9  traffic law, as separately amended by chapters 786 and 892 of  the  laws
    10  of 1990, is amended to read as follows:
    11    (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
    12  degree is a class E felony. When a person is convicted  of  this  crime,

    13  the sentence of the court must be: (i) a fine in an amount not less than
    14  [five hundred] two thousand dollars nor more than five thousand dollars;
    15  and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
    16  where appropriate and a term of imprisonment  is  not  required  by  the
    17  penal  law,  a  sentence  of probation as provided in subdivision six of
    18  this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
    19  sentence of probation as provided in the penal law.
    20    § 4. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law.
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