Increases penalties for criminal conviction of drunk or drugged driving in those cases where a child, under the age of seventeen, is a passenger in the vehicle being operated in violation of the law; provides fines and possible imprisonment.
STATE OF NEW YORK
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787
2009-2010 Regular Sessions
IN SENATE
January 15, 2009
___________
Introduced by Sen. ALESI -- 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 additional
penalties for certain drunk driving convictions
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 is amended by adding a new paragraph (g) to read as follows:
3 (g) Driving while intoxicated with a child in the vehicle. A person
4 convicted of a violation of subdivision two, three or four of section
5 eleven hundred ninety-two of this article, where a child under the age
6 of seventeen was a passenger in the vehicle being operated, shall be
7 subject to the following penalties in addition to the current penalties:
8 (1) For a first such offense, an additional fine of not less than two
9 hundred dollars nor more than five hundred dollars or an additional
10 forty-eight consecutive hours of imprisonment, or by both such addi-
11 tional fine and imprisonment;
12 (2) For a second such offense, an additional fine of not less than
13 four hundred dollars nor more than one thousand dollars or an additional
14 ten days of imprisonment, or by both such additional fine and imprison-
15 ment;
16 (3) For any subsequent offense, an additional fine of not less than
17 one thousand dollars nor more than five thousand dollars or an addi-
18 tional term of imprisonment of not less than thirty days nor more than
19 ninety days, or by both such additional fine and imprisonment.
20 § 2. This act shall take effect on the first of November next succeed-
21 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01787-01-9
