Bill Text: NY A01616 | 2013-2014 | General Assembly | Introduced
Bill Title: Increases the criminal penalties and fines for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and further increases penalties for aggravated unlicensed operation of a vehicle in the first and second degrees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to transportation [A01616 Detail]
Download: New_York-2013-A01616-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1616 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. GANTT, GABRYSZAK -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing the criminal penalties for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and increasing the penalties for aggravated unlicensed operation of a vehicle in the first and second degrees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 1193 of the vehicle and traffic 2 law, as added by chapter 47 of the laws of 1988, paragraph (a) as 3 amended by chapter 75 of the laws of 1994, paragraphs (b) and (c) as 4 amended by chapter 496 of the laws of 2009, paragraph (d) as amended by 5 chapter 732 of the laws of 2006, paragraph (f) as added by chapter 714 6 of the laws of 1990 and paragraph (g) as amended by section 57 of part A 7 of chapter 56 of the laws of 2010, is amended to read as follows: 8 1. Criminal penalties. (a) Driving while ability impaired. A violation 9 of subdivision one of section eleven hundred ninety-two of this article 10 shall be a traffic infraction and shall be punishable by a fine of not 11 less than [three] FIVE hundred dollars nor more than [five] SEVEN 12 hundred FIFTY dollars or by imprisonment in a penitentiary or county 13 jail for not more than fifteen days, or by both such fine and imprison- 14 ment. A person who operates a vehicle in violation of such subdivision 15 after having been convicted of a violation of any subdivision of section 16 eleven hundred ninety-two of this article within the preceding five 17 years shall be punished by a fine of not less than [five] SEVEN hundred 18 FIFTY dollars nor more than [seven hundred fifty] ONE THOUSAND dollars, 19 or by imprisonment of not more than thirty days in a penitentiary or 20 county jail or by both such fine and imprisonment. A person who operates 21 a vehicle in violation of such subdivision after having been convicted EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05743-01-3 A. 1616 2 1 two or more times of a violation of any subdivision of section eleven 2 hundred ninety-two of this article within the preceding ten years shall 3 be guilty of a misdemeanor, and shall be punished by a fine of not less 4 than [seven hundred fifty] ONE THOUSAND dollars nor more than fifteen 5 hundred dollars, or by imprisonment of not more than one hundred eighty 6 days in a penitentiary or county jail or by both such fine and imprison- 7 ment. 8 (b) Driving while intoxicated or while ability impaired by drugs or 9 while ability impaired by the combined influence of drugs or of alcohol 10 and any drug or drugs; aggravated driving while intoxicated; misdemeanor 11 offenses. (i) A violation of subdivision two, three, four or four-a of 12 section eleven hundred ninety-two of this article shall be a misdemeanor 13 and shall be punishable by a fine of not less than [five] SEVEN hundred 14 FIFTY dollars nor more than one thousand FIVE HUNDRED dollars, or by 15 imprisonment in a penitentiary or county jail for not more than one 16 year, or by both such fine and imprisonment. A violation of paragraph 17 (a) of subdivision two-a of section eleven hundred ninety-two of this 18 article shall be a misdemeanor and shall be punishable by a fine of not 19 less than one thousand dollars nor more than two thousand five hundred 20 dollars or by imprisonment in a penitentiary or county jail for not more 21 than one year, or by both such fine and imprisonment. 22 (ii) In addition to the imposition of any fine or period of imprison- 23 ment set forth in this paragraph, the court shall also sentence such 24 person convicted of a violation of subdivision two, two-a or three of 25 section eleven hundred ninety-two of this article to a period of 26 probation or conditional discharge, as a condition of which it shall 27 order such person to install and maintain, in accordance with the 28 provisions of section eleven hundred ninety-eight of this article, an 29 ignition interlock device in any motor vehicle owned or operated by such 30 person during the term of such probation or conditional discharge 31 imposed for such violation of section eleven hundred ninety-two of this 32 article and in no event for less than six months. Provided, however, the 33 court may not authorize the operation of a motor vehicle by any person 34 whose license or privilege to operate a motor vehicle has been revoked 35 pursuant to the provisions of this section. 36 (c) Felony offenses. (i) A person who operates a vehicle (A) in 37 violation of subdivision two, two-a, three, four or four-a of section 38 eleven hundred ninety-two of this article after having been convicted of 39 a violation of subdivision two, two-a, three, four or four-a of such 40 section or of vehicular assault in the second or first degree, as 41 defined, respectively, in sections 120.03 and 120.04 and aggravated 42 vehicular assault as defined in section 120.04-a of the penal law or of 43 vehicular manslaughter in the second or first degree, as defined, 44 respectively, in sections 125.12 and 125.13 and aggravated vehicular 45 homicide as defined in section 125.14 of such law, within the preceding 46 ten years, or (B) in violation of paragraph (b) of subdivision two-a of 47 section eleven hundred ninety-two of this article shall be guilty of a 48 class E felony, and shall be punished by a fine of not less than one 49 thousand FIVE HUNDRED dollars nor more than five thousand dollars or by 50 a period of imprisonment as provided in the penal law, or by both such 51 fine and imprisonment. 52 (ii) A person who operates a vehicle in violation of subdivision two, 53 two-a, three, four or four-a of section eleven hundred ninety-two of 54 this article after having been convicted of a violation of subdivision 55 two, two-a, three, four or four-a of such section or of vehicular 56 assault in the second or first degree, as defined, respectively, in A. 1616 3 1 sections 120.03 and 120.04 and aggravated vehicular assault as defined 2 in section 120.04-a of the penal law or of vehicular manslaughter in the 3 second or first degree, as defined, respectively, in sections 125.12 and 4 125.13 and aggravated vehicular homicide as defined in section 125.14 of 5 such law, twice within the preceding ten years, shall be guilty of a 6 class D felony, and shall be punished by a fine of not less than two 7 thousand FIVE HUNDRED dollars nor more than ten thousand dollars or by a 8 period of imprisonment as provided in the penal law, or by both such 9 fine and imprisonment. 10 (iii) In addition to the imposition of any fine or period of imprison- 11 ment set forth in this paragraph, the court shall also sentence such 12 person convicted of a violation of subdivision two, two-a or three of 13 section eleven hundred ninety-two of this article to a period of 14 probation or conditional discharge, as a condition of which it shall 15 order such person to install and maintain, in accordance with the 16 provisions of section eleven hundred ninety-eight of this article, an 17 ignition interlock device in any motor vehicle owned or operated by such 18 person during the term of such probation or conditional discharge 19 imposed for such violation of section eleven hundred ninety-two of this 20 article and in no event for a period of less than six months. Provided, 21 however, the court may not authorize the operation of a motor vehicle by 22 any person whose license or privilege to operate a motor vehicle has 23 been revoked pursuant to the provisions of this section. 24 (d) Alcohol or drug related offenses; special vehicles. (1) Except as 25 provided in subparagraph four of this paragraph, a violation of subdivi- 26 sion one, two, three, four or four-a of section eleven hundred ninety- 27 two of this article wherein the violator is operating a taxicab as 28 defined in section one hundred forty-eight-a of this chapter, or livery 29 as defined in section one hundred twenty-one-e of this chapter, and such 30 taxicab or livery is carrying a passenger for compensation, or a truck 31 with a GVWR of more than eighteen thousand pounds but not more than 32 twenty-six thousand pounds and which is not a commercial motor vehicle 33 shall be a misdemeanor punishable by a fine of not less than [five 34 hundred] ONE THOUSAND dollars nor more than [fifteen] TWO THOUSAND FIVE 35 hundred dollars or by a period of imprisonment as provided in the penal 36 law, or by both such fine and imprisonment. A violation of subdivision 37 two-a of section eleven hundred ninety-two of this article wherein the 38 violator is operating a taxicab as defined in section one hundred 39 forty-eight-a of this chapter, or livery as defined in section one 40 hundred twenty-one-e of this chapter, and such taxicab or livery is 41 carrying a passenger for compensation, or a truck with a GVWR of more 42 than eighteen thousand pounds but not more than twenty-six thousand 43 pounds and which is not a commercial motor vehicle shall be a class E 44 felony punishable by a fine of not less than one thousand dollars nor 45 more than five thousand dollars or by a period of imprisonment as 46 provided in the penal law, or by both such fine and imprisonment. 47 (1-a) A violation of subdivision one of section eleven hundred nine- 48 ty-two of this article wherein the violator is operating a school bus as 49 defined in section one hundred forty-two of this chapter and such school 50 bus is carrying at least one student passenger shall be a misdemeanor 51 punishable by a fine of not less than [five hundred] ONE THOUSAND 52 dollars nor more than [fifteen] TWO THOUSAND FIVE hundred dollars or by 53 a period of imprisonment as provided in the penal law, or by both such 54 fine and imprisonment. 55 (2) A violation of subdivision five of section eleven hundred ninety- 56 two of this article shall be a traffic infraction punishable as provided A. 1616 4 1 in paragraph (a) of this subdivision. Except as provided in subparagraph 2 three or five of this paragraph, a violation of subdivision one, two, 3 three, four, four-a or six of section eleven hundred ninety-two of this 4 article wherein the violator is operating a commercial motor vehicle, or 5 any motor vehicle registered or registerable under schedule F of subdi- 6 vision seven of section four hundred one of this chapter shall be a 7 misdemeanor. A violation of subdivision one, two, three, four or four-a 8 of section eleven hundred ninety-two of this article shall be punishable 9 by a fine of not less than [five hundred] ONE THOUSAND dollars nor more 10 than [fifteen] TWO THOUSAND FIVE hundred dollars or by a period of 11 imprisonment as provided in the penal law, or by both such fine and 12 imprisonment. A violation of subdivision six of section eleven hundred 13 ninety-two of this article shall be punishable by a fine of not less 14 than [five hundred] ONE THOUSAND dollars nor more than [fifteen] TWO 15 THOUSAND FIVE hundred dollars or by a period of imprisonment not to 16 exceed one hundred eighty days, or by both such fine and imprisonment. A 17 person who operates any such vehicle in violation of such subdivision 18 six after having been convicted of a violation of subdivision one, two, 19 two-a, three, four, four-a or six of section eleven hundred ninety-two 20 of this article within the preceding five years shall be punishable by a 21 fine of not less than TWO THOUSAND five hundred dollars nor more than 22 [fifteen hundred] FIVE THOUSAND dollars or by a period of imprisonment 23 as provided in the penal law, or by both such fine and imprisonment. A 24 violation of subdivision two-a of section eleven hundred ninety-two of 25 this article wherein the violator is operating a commercial motor vehi- 26 cle, or any motor vehicle registered or registerable under schedule F of 27 subdivision seven of section four hundred one of this chapter shall be a 28 class E felony punishable by a fine of not less than one thousand 29 dollars nor more than five thousand dollars or by a period of imprison- 30 ment as provided in the penal law, or by both such fine and imprison- 31 ment. 32 (3) A violation of subdivision one of section eleven hundred ninety- 33 two of this article wherein the violator is operating a motor vehicle 34 with a gross vehicle weight rating of more than eighteen thousand pounds 35 which contains flammable gas, radioactive materials or explosives shall 36 be a misdemeanor punishable by a fine of not less than TWO THOUSAND five 37 hundred dollars nor more than [fifteen hundred] FIVE THOUSAND dollars or 38 by a period of imprisonment as provided in the penal law, or by both 39 such fine and imprisonment. 40 (4) (i) A person who operates a vehicle in violation of subdivision 41 one, two, two-a, three, four or four-a of section eleven hundred nine- 42 ty-two of this article and which is punishable as provided in subpara- 43 graph one, one-a, two or three of this paragraph after having been 44 convicted of a violation of any such subdivision of section eleven 45 hundred ninety-two of this article and penalized under subparagraph one, 46 one-a, two or three of this paragraph within the preceding ten years, 47 shall be guilty of a class E felony, which shall be punishable by a fine 48 of not less than [one] TWO thousand FIVE HUNDRED dollars nor more than 49 [five] TEN thousand dollars, or by a period of imprisonment as provided 50 in the penal law, or by both such fine and imprisonment. A person who 51 operates a vehicle in violation of subdivision six of section eleven 52 hundred ninety-two of this article after having been convicted of two or 53 more violations of subdivisions one, two, two-a, three, four, four-a or 54 six of section eleven hundred ninety-two of this article within the 55 preceding five years, any one of which was a misdemeanor, shall be guil- 56 ty of a class E felony, which shall be punishable by a fine of not less A. 1616 5 1 than [one] THREE thousand FIVE HUNDRED dollars nor more than [five] TEN 2 thousand dollars, or by a period of imprisonment as provided in the 3 penal law, or by both such fine and imprisonment. In addition, any 4 person sentenced pursuant to this subparagraph shall be subject to the 5 disqualification provided in subparagraph three of paragraph (e) of 6 subdivision two of this section. 7 (ii) A person who operates a vehicle in violation of subdivision one, 8 two, two-a, three, four or four-a of section eleven hundred ninety-two 9 of this article and which is punishable as provided in subparagraph one, 10 one-a, two or three of this paragraph after having been convicted of a 11 violation of any such subdivision of section eleven hundred ninety-two 12 of this article and penalized under subparagraph one, one-a, two or 13 three of this paragraph twice within the preceding ten years, shall be 14 guilty of a class D felony, which shall be punishable by a fine of not 15 less than [two] FIVE thousand dollars nor more than ten thousand 16 dollars, or by a period of imprisonment as provided in the penal law, or 17 by both such fine and imprisonment. A person who operates a vehicle in 18 violation of subdivision six of section eleven hundred ninety-two of 19 this article after having been convicted of three or more violations of 20 subdivisions one, two, two-a, three, four, four-a or six of section 21 eleven hundred ninety-two of this article within the preceding five 22 years, any one of which was a misdemeanor, shall be guilty of a class D 23 felony, which shall be punishable by a fine of not less than [two] FIVE 24 thousand dollars nor more than ten thousand dollars, or by a period of 25 imprisonment as provided in the penal law, or by both such fine and 26 imprisonment. In addition, any person sentenced pursuant to this subpar- 27 agraph shall be subject to the disqualification provided in subparagraph 28 three of paragraph (e) of subdivision two of this section. 29 (4-a) A violation of subdivision two, three, four or four-a of section 30 eleven hundred ninety-two of this article wherein the violator is oper- 31 ating a school bus as defined in section one hundred forty-two of this 32 chapter and such school bus is carrying at least one student passenger 33 shall be a class E felony punishable by a fine of not less than [one] 34 TWO thousand FIVE HUNDRED dollars nor more than [five] TEN thousand 35 dollars, or by a period of imprisonment as provided in the penal law, or 36 by both such fine and imprisonment. A violation of subdivision two-a of 37 section eleven hundred ninety-two of this article wherein the violator 38 is operating a school bus as defined in section one hundred forty-two of 39 this chapter and such school bus is carrying at least one student 40 passenger shall be a class D felony punishable by a fine of not less 41 than two thousand dollars nor more than ten thousand dollars, or by a 42 period of imprisonment as provided in the penal law, or by both such 43 fine and imprisonment. 44 (5) A violation of subdivision two, three, four or four-a of section 45 eleven hundred ninety-two of this article wherein the violator is oper- 46 ating a motor vehicle with a gross vehicle weight rating of more than 47 eighteen thousand pounds which contains flammable gas, radioactive mate- 48 rials or explosives, shall be a class E felony punishable by a fine of 49 not less than [one] TWO thousand FIVE HUNDRED dollars NOR MORE THAN TEN 50 THOUSAND DOLLARS and such other penalties as provided for in the penal 51 law; provided, however, that a conviction for such violation shall not 52 be considered a predicate felony pursuant to section 70.06 of such law, 53 or a previous felony conviction pursuant to section 70.10 of such law. A 54 violation of subdivision two-a of section eleven hundred ninety-two of 55 this article wherein the violator is operating a motor vehicle with a 56 gross vehicle weight rating of more than eighteen thousand pounds which A. 1616 6 1 contains flammable gas, radioactive materials or explosives, shall be a 2 class D felony punishable by a fine of not less than two thousand nor 3 more than ten thousand dollars and such other penalties as provided for 4 in the penal law; provided, however, that a conviction for such 5 violation shall not be considered a predicate felony pursuant to section 6 70.06 of such law, or a previous felony conviction pursuant to section 7 70.10 of such law. 8 (6) The sentences required to be imposed by subparagraph one, one-a, 9 two, three, four, four-a or five of this paragraph shall be imposed 10 notwithstanding any contrary provision of this chapter or the penal law. 11 (7) Nothing contained in this paragraph shall prohibit the imposition 12 of a charge of any other felony set forth in this or any other provision 13 of law for any acts arising out of the same incident. 14 (e) Certain sentences prohibited. Notwithstanding any provisions of 15 the penal law, no judge or magistrate shall impose a sentence of uncon- 16 ditional discharge for a violation of any subdivision of section eleven 17 hundred ninety-two of this article nor shall a judge or magistrate 18 impose a sentence of conditional discharge, IMPRISONMENT or probation 19 unless such conditional discharge, IMPRISONMENT or probation is accompa- 20 nied by a sentence of a fine as provided in this subdivision. 21 (f) Where the court imposes a sentence for a violation of section 22 eleven hundred ninety-two of this article, the court may require the 23 defendant, as a part of or as a condition of such sentence, to attend a 24 single session conducted by a victims impact program. For purposes of 25 this section, "victims impact program" means a program operated by a 26 county, a city with a population of one million or more, by a not-for- 27 profit organization authorized by any such county or city, or a combina- 28 tion thereof, in which presentations are made concerning the impact of 29 operating a motor vehicle while under the influence of alcohol or drugs 30 to one or more persons who have been convicted of such offenses. A 31 description of any such program shall be filed with the commissioner and 32 with the coordinator of the special traffic options program for driving 33 while intoxicated established pursuant to section eleven hundred nine- 34 ty-seven of this article, and shall be made available to the court upon 35 request. Nothing contained herein shall be construed to require any 36 governmental entity to create such a victim impact program. 37 (g) The office of probation and correctional alternatives shall recom- 38 mend to the commissioner of the division of criminal justice services 39 regulations governing the monitoring of compliance by persons ordered to 40 install and maintain ignition interlock devices to provide standards for 41 monitoring by departments of probation, and options for monitoring of 42 compliance by such persons, that counties may adopt as an alternative to 43 monitoring by a department of probation. 44 S 2. Paragraph (b) of subdivision 2 of section 511 of the vehicle and 45 traffic law, as amended by chapter 607 of the laws of 1993, is amended 46 to read as follows: 47 (b) Aggravated unlicensed operation of a motor vehicle in the second 48 degree is a misdemeanor. When a person is convicted of this crime under 49 subparagraph (i) of paragraph (a) of this subdivision, the sentence of 50 the court must be: (i) a fine of not less than five hundred dollars; and 51 (ii) a term of imprisonment not to exceed one hundred eighty days; or 52 (iii) where appropriate a sentence of probation as provided in subdivi- 53 sion six of this section; or (iv) a term of imprisonment as a condition 54 of a sentence of probation as provided in the penal law and consistent 55 with this section. When a person is convicted of this crime under 56 subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision, A. 1616 7 1 the sentence of the court must be: (i) a fine of not less than [five 2 hundred] ONE THOUSAND dollars nor more than [one] TWO thousand FIVE 3 HUNDRED dollars; and (ii) a term of imprisonment of not less than seven 4 days nor more than one hundred eighty days, or (iii) where appropriate a 5 sentence of probation as provided in subdivision six of this section; or 6 (iv) a term of imprisonment as a condition of a sentence of probation as 7 provided in the penal law and consistent with this section. 8 S 3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 9 traffic law, as separately amended by chapters 786 and 892 of the laws 10 of 1990, is amended to read as follows: 11 (b) Aggravated unlicensed operation of a motor vehicle in the first 12 degree is a class E felony. When a person is convicted of this crime, 13 the sentence of the court must be: (i) a fine in an amount not less than 14 [five hundred] TWO THOUSAND dollars nor more than five thousand dollars; 15 and (ii) a term of imprisonment as provided in the penal law, or (iii) 16 where appropriate and a term of imprisonment is not required by the 17 penal law, a sentence of probation as provided in subdivision six of 18 this section, or (iv) a term of imprisonment as a condition of a 19 sentence of probation as provided in the penal law. 20 S 4. This act shall take effect on the one hundred twentieth day after 21 it shall have become a law.