Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders by precluding the plea to a lesser offense where the offender has been convicted of a driving while under the influence of drugs or alcohol offense within the previous 10 years.
STATE OF NEW YORK
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4884
2019-2020 Regular Sessions
IN SENATE
March 28, 2019
___________
Introduced by Sen. PARKER -- 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 limiting
options for plea bargaining for certain repeat driving under the
influence of alcohol or drugs offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 10 of section 1192 of the vehicle and traffic
2 law is amended by adding two new paragraphs (e) and (f) to read as
3 follows:
4 (e) In any case wherein the charge laid before the court alleges a
5 violation of subdivision one of this section and the person so charged
6 has been convicted of a violation of any subdivision of this section
7 within the preceding ten years, any plea of guilty thereafter entered in
8 satisfaction of such charge must include at least a plea of guilty to
9 the provisions of subdivision one of this section and no other disposi-
10 tion by plea of guilty to any other charge in satisfaction of such
11 charge shall be authorized, provided, however, if the district attorney
12 upon reviewing the available evidence determines that the charge of a
13 violation of this section is not warranted, such district attorney may
14 consent, and the court may allow a disposition by plea of guilty to
15 another charge in satisfaction of such charge; provided, however, in all
16 such cases, the court shall set forth upon the record the basis for such
17 disposition.
18 (f) In any case wherein the charge laid before the court alleges a
19 violation of subdivision two, three or four of this section and the
20 person so charged has been convicted of a violation of any subdivision
21 of this section within the preceding ten years, any plea of guilty
22 thereafter entered in satisfaction of such charge must include at least
23 a plea of guilty to the provisions of subdivision two, three or four of
24 this section and no other disposition by plea of guilty to any other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10474-01-9
S. 4884 2
1 charge in satisfaction of such charge shall be authorized, provided,
2 however, if the district attorney upon reviewing the available evidence
3 determines that the charge of a violation of this section is not
4 warranted, such district attorney may consent, and the court may allow a
5 disposition by plea of guilty to another charge in satisfaction of such
6 charge; provided, however, in all such cases, the court shall set forth
7 upon the record the basis for such disposition.
8 § 2. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
