Bill Text: NY A00070 | 2017-2018 | General Assembly | Introduced

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Bill Title: Increases penalties for driving while ability impaired for a person having been convicted of driving under the influence of drugs or alcohol within the preceding five years to a misdemeanor which is punishable by a fine of not less than $750.00 nor more than $1000.00 or by imprisonment of not more than 90 days; increases penalties for driving while ability impaired for a person having been convicted two or more times of driving under the influence of drugs or alcohol within the preceding 10 years to a misdemeanor which is punishable by a fine of not less than $1000.00 nor more than $2000.00 or imprisonment of not more than 180 days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A00070 Detail]

Download: New_York-2017-A00070-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           70
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  the  penal-
          ties  for operating a motor vehicle while under the influence of alco-
          hol or drugs
          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 1193 of the vehi-
     2  cle  and  traffic  law, as amended by chapter 75 of the laws of 1994, is
     3  amended to read as follows:
     4    (a) Driving while ability impaired. A violation of subdivision one  of
     5  section  eleven  hundred  ninety-two  of this article shall be a traffic
     6  infraction and shall be punishable by a fine  of  not  less  than  three
     7  hundred dollars nor more than five hundred dollars or by imprisonment in
     8  a penitentiary or county jail for not more than fifteen days, or by both
     9  such fine and imprisonment. A person who operates a vehicle in violation
    10  of  such  subdivision  after having been convicted of a violation of any
    11  subdivision of section eleven hundred ninety-two of this article  within
    12  the  preceding five years shall be guilty of a misdemeanor, and shall be
    13  punished by a fine of not less than [five] seven hundred  fifty  dollars
    14  nor  more  than [seven hundred fifty] one thousand dollars, or by impri-
    15  sonment of not more than [thirty] ninety days in a penitentiary or coun-
    16  ty jail or by both such fine and imprisonment. A person who  operates  a
    17  vehicle in violation of such subdivision after having been convicted two
    18  or  more  times  of  a  violation  of  any subdivision of section eleven
    19  hundred ninety-two of this article within the preceding ten years  shall
    20  be  guilty of a misdemeanor, and shall be punished by a fine of not less
    21  than [seven hundred fifty] one thousand dollars nor more  than  [fifteen
    22  hundred]  two  thousand dollars, or by imprisonment of not more than one
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02030-01-7
        A. 70                               2
     1  hundred eighty days in a penitentiary or county jail  or  by  both  such
     2  fine and imprisonment.
     3    § 2. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.