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.
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
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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.
