Increases the length of probation and conditional discharge for misdemeanor violations of operating a motor vehicle while under the influence of alcohol or drugs to five years.
STATE OF NEW YORK
________________________________________________________________________
3310
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
___________
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the length of
probation and conditional discharge for misdemeanor violations of
operating a motor vehicle while under the influence of alcohol or
drugs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 3 of section 65.00 of the
2 penal law, as amended by chapter 556 of the laws of 2013, is amended to
3 read as follows:
4 (d) (i) For an unclassified misdemeanor, the period of probation shall
5 be [a term of two or] three years if the authorized sentence of impri-
6 sonment is in excess of three months, otherwise the period of probation
7 shall be one year.
8 (ii) For a violation of subdivision two, two-a or three of section
9 eleven hundred ninety-two of the vehicle and traffic law, the period of
10 probation shall be five years.
11 § 2. Paragraph (a) of subdivision 3 of section 65.05 of the penal law,
12 as amended by chapter 618 of the laws of 1992, is amended to read as
13 follows:
14 (a) Three years in the case of a felony or a violation of subdivision
15 two, two-a or three of section eleven hundred ninety-two of the vehicle
16 and traffic law; and
17 § 3. This act shall take effect on the ninetieth day after it shall
18 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01701-01-9
