Bill Text: NY A01257 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to repeat offenders of driving accidents; relates to driving while ability is impaired by drugs; relates to speedy trials and certain vehicular crimes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01257 Detail]

Download: New_York-2019-A01257-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1257
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of A. L. ROSENTHAL -- Multi-Sponsored by -- M. of A.
          D'URSO -- read once and referred 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, who stands convicted  of  a
     6  felony  defined in this chapter or in the vehicle and traffic law, other
     7  than a class A-I felony, after having previously been subjected  to  one
     8  or more predicate felony convictions as defined in paragraph (b) of this
     9  subdivision.
    10    §  2. Paragraphs (b) and (c) of subdivision 1 of section 160.10 of the
    11  criminal procedure law, as amended by chapter 762 of the laws  of  1971,
    12  are amended to read as follows:
    13    (b)  A misdemeanor defined in the penal law or the vehicle and traffic
    14  law; or
    15    (c) A misdemeanor defined outside the penal law  or  the  vehicle  and
    16  traffic  law which would constitute a felony if such person had a previ-
    17  ous judgment of conviction for a crime; or
    18    § 3. Section 114-a of the vehicle and traffic law, as added by chapter
    19  163 of the laws of 1973, is amended to read as follows:
    20    § 114-a. Drug. The term "drug" when used in this chapter,  means  [and
    21  includes any substance listed in section thirty-three hundred six of the
    22  public health law] any drug or impairing substance.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03383-01-9
        A. 1257                             2
     1    § 4. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
     2  traffic  law  is  amended  by  adding  a  new  subparagraph 8 to read as
     3  follows:
     4    (8)   Suspension  pending  prosecution;  drug  impairment.  Except  as
     5  provided in clause a-1 of subparagraph seven of this paragraph, a  court
     6  shall  suspend  a  driver's  license, pending prosecution, of any person
     7  charged with a violation of subdivision four or four-a of section eleven
     8  hundred ninety-two of this article  who,  at  the  time  of  arrest,  is
     9  alleged to have been ability impaired by drugs.
    10    §  5.  Paragraph (a) of subdivision 3 of section 30.30 of the criminal
    11  procedure law, as amended by chapter 93 of the laws of 2006, is  amended
    12  to read as follows:
    13    (a) Subdivisions one and two do not apply to a criminal action wherein
    14  the  defendant  is  accused  of  an  offense defined in sections 125.10,
    15  125.12, 125.13, 125.14, 125.15, 125.20, 125.25, 125.26 and 125.27 of the
    16  penal law.
    17    § 6. This act shall take effect immediately.