Amd §70.06, Pen L; amd §§160.10 & 30.30, CP L; amd §§114-a & 1193, V & T L
Relates to repeat offenders of driving accidents; relates to driving while ability is impaired by drugs; relates to speedy trials and certain vehicular crimes.
STATE OF NEW YORK
________________________________________________________________________
6233
2023-2024 Regular Sessions
IN SENATE
April 5, 2023
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to repeat offenders of driving accidents; to amend the vehi-
cle and traffic law, in relation to drugged driving; and to amend the
criminal procedure law, in relation to speedy trials and certain
vehicular crimes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 1 of section 70.06 of the
2 penal law, as amended by chapter 410 of the laws of 1979, is amended to
3 read as follows:
4 (a) A second felony offender is a person, other than a second violent
5 felony offender as defined in section 70.04 of this article, who stands
6 convicted of a felony defined in this chapter or in the vehicle and
7 traffic law, other than a class A-I felony, after having previously been
8 subjected to one or more predicate felony convictions as defined in
9 paragraph (b) of this subdivision.
10 § 2. Paragraphs (b) and (c) of subdivision 1 of section 160.10 of the
11 criminal procedure law, paragraph (b) as amended by chapter 762 of the
12 laws of 1971, paragraph (c) as amended by chapter 23 of the laws of
13 2021, are amended to read as follows:
14 (b) A misdemeanor defined in the penal law or the vehicle and traffic
15 law; or
16 (c) A misdemeanor defined outside the penal law or the vehicle and
17 traffic law which would constitute a felony if such person had a previ-
18 ous judgment of conviction for a crime.
19 § 3. Section 114-a of the vehicle and traffic law, as amended by chap-
20 ter 92 of the laws of 2021, is amended to read as follows:
21 § 114-a. Drug. The term "drug" when used in this chapter, means [and
22 includes any substance listed in section thirty-three hundred six of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09777-01-3
S. 6233 2
1 public health law and cannabis and concentrated cannabis as defined in
2 section 222.00 of the penal law] any drug or impairing substance.
3 § 4. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
4 traffic law is amended by adding a new subparagraph 8 to read as
5 follows:
6 (8) Suspension pending prosecution; drug impairment. Except as
7 provided in clause a-1 of subparagraph seven of this paragraph, a court
8 shall suspend a driver's license, pending prosecution, of any person
9 charged with a violation of subdivision four or four-a of section eleven
10 hundred ninety-two of this article who, at the time of arrest, is
11 alleged to have been ability impaired by drugs.
12 § 5. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
13 procedure law, as amended by section 1 of part KKK of chapter 59 of the
14 laws of 2019, is amended to read as follows:
15 (a) Subdivisions one and two of this section do not apply to a crimi-
16 nal action wherein the defendant is accused of an offense defined in
17 sections 125.10, 125.12, 125.13, 125.14, 125.15, 125.20, 125.25, 125.26
18 and 125.27 of the penal law.
19 § 6. This act shall take effect immediately.
