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A00894 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A894
 
SPONSOR: Gantt
  TITLE OF BILL: 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   PURPOSE OF BILL: This bill proposes a new schedule of fines for alcohol-related traffic offenses as set forth in the Vehicle & Traffic Law.   SUMMARY OF PROVISIONS: Amends the fines set forth in sections 1193 and 511 of the Vehicle & Traffic Law as follows: OFFENSE CURRENT FINES PROPOSED FINES § 1192.1 Driving While Impaired (DWAI) first offense $300-$500 $500-$750 § 1192.1 DWAI w/second § 1192 offense w/in 5 yrs $500-$750 $750-$1,000 § 1192.1 DWAI w/third § 1192 offense w/in 10 yrs $750-$1,500 $1,000-$1,500 § 1192.2 & § 1192.3 Driving While Intoxicated and § 1192.4 Driving While Ability Impaired by Drugs (DWI) first offense $500-$1,000 $750-$1,500 § 1192.2/.3/.4 DWI w/prior conviction for DWI, vehicular assault or vehicular manslaughter w/in 10 yrs $1,000-$5,000 $1,500-$5,000 § 1192.2/.3/.4DWI w/two prior convictions for DWI, vehicular assault and/or vehicular manslaughter w/in 10 yrs $2,000-$10,000 $2,500-$10,000 § 1192.1/.2/.3/.4 DWAI or DWI operating a taxicab, livery or a non-commercial truck (18,000-26,000lbs) $500-$1,500 $1,000-$2,500 § 1192.1 DWAI operating a school bus with at least one passenger $500-$1,500 $1,000-$2,500 § 1192.5 (BAC .04-07) CDL driver operating a commercial vehicle $300-$500 $500-$750 § 1192.1/.2/.3/.4 CDL driver operating a commercial vehicle $500-$1,500 $1,000-$2,500 § 1192.6 (BAC .07-.10) CDL driver operating a commercial vehicle first offense $500-$1,500 $1,000-$2,500 § 1192.6 (BAC .07-10) CDL driver operating a commercial vehicle w/second § 1192.1/.2/.3/.4/.6 offense w/in 5 yrs $500-$1,500 $2,000-$5,000 § 1192.1 DWAI operating a 18,000+ lb vehicle containing flammable gas, radioactive materials or explosives $500-$1,500 $2,000-$5,000 § 1192.1/.2/.3/.4 DWAI or DWI operating a taxicab, livery, non-commercial truck; or commercial vehicle; or DWAI operating a school bus; or a vehicle containing flammable gas, radioactive materials or explosives w/second same offense w/in 10 yrs $1,000-$5,000 $2,500-$10,000 § 1192.6 (BAC .07-.10) CDL driver operating a commercial vehicle w/two prior misdemeanor § 1192.1/.2/.3/.4/.6 convictions w/in 5 yrs $1,000-$5,000 $3,500-$10,000 § 1192.1/.2/.3/.4 DWAI or DWI operating a taxicab, livery, non-commercial truck; or commercial vehicle; or DWAI operating a school bus; or a vehicle containing flammable gas, radioactive materials or explosives w/two prior same offense w/in 10 yrs $2,000-$10,000 $5,000-$10,000 § 1192.6 (BAC .07-.10) CDL driver operating a commercial vehicle w/three prior misdemeanor § 1192.1/.2/.3/.4/.6 convictions w/in 5 yrs $2,000-$10,000 $5,000-$10,000 § 1192.2/.3/.4 DWI operating a school bus with at least one passenger $1,000-$5,000 $2,500-$10,000 § 1192.2/.3/.4 DWI operating a 18,000+ lb vehicle containing flammable gas, radioactive materials or explosives $1,000- $2,500-$10,000 § 511.2(a)(i) Aggravated Unlicensed Operation (AUO 20) $500- $500-$1,000 § 511.2 (a) (ii) (iii) (iv) Aggravated Unlicensed Operation (AUO 20) $500-$1,000 $1,000-$2,500 § 511.3 AUO 10 $500-$5,000 $2,000-$5,000   EFFECT ON EXISTING LAW: This bill would increase most of the current fines for alcohol-related traffic offenses.   JUSTIFICATION: The existing fine schedule for alcohol-related traffic offenses has been in place since 1992. Chapter 420 of the laws of 1992 provided increases to the fines that were established in 1981. The fines imposed for alcohol-related traffic offenses are but one component of the multi-faceted approach to deterring the potential drinking driver and punishing those who are not deterred. The mandatory minimum fine scheme established in 1981 and increased in 1992 reflect the Legislature's commitment to establishing fines that both reflect the seriousness of the offense yet remain "collectible". Over the years, of course, the value of the fine schedule has declined, thereby eroding the legislative intent of the monetary penalty. This bill would impose appropriate increases to maintain the relative intent of the fines imposed first in 1981 and amended in 1992. Furthermore, over the years the Legislature has developed a complex and comprehensive series of "escalating offenses" based on such things as the number of prior offenses, the type of vehicle driven, the age of the driver, the type of license held, and, in some cases, the contents of the vehicle. This bill, for the first time, makes a comprehensive evalu- ation of these more serious offenses and establishes commensurate finan- cial penalties. Finally, the fines collected are returned to the counties where the offenses occurred in support of the nationally-recognized STOP-DWI Programs. The additional fines collected would allow these programs sufficient resources to continue to meet their statutory obligation to develop and implement strategies to reduce the incidence of drinking and driving fatalities and injuries.   PRIOR LEGISLATIVE HISTORY: 2009-2010: A.2668 2011-2012: A.1348 2013-2014: A.1616 2015-2016: A.196   FISCAL IMPLICATIONS: Would provide an increase in revenues to the counties and the City of New York.   EFFECTIVE DATE: This act shall take effect on the 120th day after it becomes law.
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