S T A T E O F N E W Y O R K
________________________________________________________________________
142
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sens. MAZIARZ, ALESI, DeFRANCISCO, FLANAGAN, JOHNSON,
LANZA, SALAND, SEWARD -- 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 increasing
penalties for certain alcohol related driving convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi-
2 cle and traffic law is amended by adding a new subparagraph (iv) to read
3 as follows:
4 (IV) A PERSON WHO OPERATES A VEHICLE IN VIOLATION OF SUBDIVISION ONE
5 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER HAVING BEEN
6 CONVICTED THREE TIMES PREVIOUSLY OF A VIOLATION OF ANY SUBDIVISION OF
7 SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WITHIN THE PRECEDING
8 TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY, AND SHALL BE PUNISHED BY
9 A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND
10 DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
11 BY BOTH SUCH FINE AND IMPRISONMENT.
12 S 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle
13 and traffic law, as amended by chapter 75 of the laws of 1994, is
14 amended to read as follows:
15 (a) Driving while ability impaired. A violation of subdivision one of
16 section eleven hundred ninety-two of this article shall be a traffic
17 infraction and shall be punishable by a fine of not less than three
18 hundred dollars nor more than five hundred dollars or by imprisonment in
19 a penitentiary or county jail for not more than fifteen days, or by both
20 such fine and imprisonment. A person who operates a vehicle in violation
21 of such subdivision after having been convicted of a violation of any
22 subdivision of section eleven hundred ninety-two of this article within
23 the preceding five years shall be punished by a fine of not less than
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01439-01-1
S. 142 2
1 five hundred dollars nor more than seven hundred fifty dollars, or by
2 imprisonment of not more than thirty days in a penitentiary or county
3 jail or by both such fine and imprisonment. A person who operates a
4 vehicle in violation of such subdivision after having been convicted two
5 [or more] times of a violation of any subdivision of section eleven
6 hundred ninety-two of this article within the preceding ten years shall
7 be guilty of a misdemeanor, and shall be punished by a fine of not less
8 than seven hundred fifty dollars nor more than fifteen hundred dollars,
9 or by imprisonment of not more than one hundred eighty days in a peni-
10 tentiary or county jail or by both such fine and imprisonment.
11 S 3. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of
12 section 1193 of the vehicle and traffic law, as amended by chapter 496
13 of the laws of 2009, are amended to read as follows:
14 (i) A person who operates a vehicle (A) in violation of subdivision
15 two, two-a, three, four or four-a of section eleven hundred ninety-two
16 of this article after having been convicted of a violation of subdivi-
17 sion two, two-a, three, four or four-a of such section, OR OF DRIVING
18 WHILE ABILITY IMPAIRED AS A MISDEMEANOR PURSUANT TO PARAGRAPH (A) OF
19 THIS SUBDIVISION, or of vehicular assault in the second or first degree,
20 as defined, respectively, in sections 120.03 and 120.04 and aggravated
21 vehicular assault as defined in section 120.04-a of the penal law or of
22 vehicular manslaughter in the second or first degree, as defined,
23 respectively, in sections 125.12 and 125.13 and aggravated vehicular
24 homicide as defined in section 125.14 of such law, within the preceding
25 ten years, or (B) in violation of paragraph (b) of subdivision two-a of
26 section eleven hundred ninety-two of this article shall be guilty of a
27 class E felony, and shall be punished by a fine of not less than one
28 thousand dollars nor more than five thousand dollars or by a period of
29 imprisonment as provided in the penal law, or by both such fine and
30 imprisonment.
31 (ii) A person who operates a vehicle in violation of subdivision two,
32 two-a, three, four or four-a of section eleven hundred ninety-two of
33 this article after having been convicted of a violation of subdivision
34 two, two-a, three, four or four-a of such section, OR OF DRIVING WHILE
35 ABILITY IMPAIRED AS A FELONY PURSUANT TO SUBPARAGRAPH (III) OF THIS
36 PARAGRAPH or of vehicular assault in the second or first degree, as
37 defined, respectively, in sections 120.03 and 120.04 and aggravated
38 vehicular assault as defined in section 120.04-a of the penal law or of
39 vehicular manslaughter in the second or first degree, as defined,
40 respectively, in sections 125.12 and 125.13 and aggravated vehicular
41 homicide as defined in section 125.14 of such law, twice within the
42 preceding ten years, shall be guilty of a class D felony, and shall be
43 punished by a fine of not less than two thousand dollars nor more than
44 ten thousand dollars or by a period of imprisonment as provided in the
45 penal law, or by both such fine and imprisonment.
46 S 4. This act shall take effect on the first of November next succeed-
47 ing the date on which it shall have become a law.