Bill Text: NY A06196 | 2011-2012 | General Assembly | Introduced

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Bill Title: Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders by precluding the plea to a lesser offense where the offender has been convicted of a driving while under the influence of drugs or alcohol offense within the previous 10 years.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-05-23 - held for consideration in transportation [A06196 Detail]

Download: New_York-2011-A06196-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6196
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 9, 2011
                                      ___________
       Introduced by M. of A. AMEDORE, TOBACCO, CROUCH, KOLB -- Multi-Sponsored
         by  --  M.  of A.   JORDAN, PALMESANO -- read once and referred to the
         Committee on Transportation
       AN ACT to amend the vehicle and traffic law,  in  relation  to  limiting
         options  for  plea  bargaining  for  certain  repeat driving under the
         influence of alcohol or drugs offenders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 10 of section 1192 of the vehicle and traffic
    2  law is amended by adding two new paragraphs  (e)  and  (f)  to  read  as
    3  follows:
    4    (E)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
    5  VIOLATION OF SUBDIVISION ONE OF THIS SECTION AND THE PERSON  SO  CHARGED
    6  HAS  BEEN  CONVICTED  OF  A VIOLATION OF ANY SUBDIVISION OF THIS SECTION
    7  WITHIN THE PRECEDING TEN YEARS, ANY PLEA OF GUILTY THEREAFTER ENTERED IN
    8  SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA  OF  GUILTY  TO
    9  THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND NO OTHER DISPOSI-
   10  TION BY PLEA OF GUILTY TO ANY  OTHER  CHARGE  IN  SATISFACTION  OF  SUCH
   11  CHARGE  SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY
   12  UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE  CHARGE  OF  A
   13  VIOLATION  OF  THIS SECTION IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY
   14  CONSENT, AND THE COURT MAY ALLOW A DISPOSITION  BY  PLEA  OF  GUILTY  TO
   15  ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL
   16  SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH
   17  DISPOSITION.
   18    (F)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
   19  VIOLATION OF SUBDIVISION TWO, THREE OR FOUR  OF  THIS  SECTION  AND  THE
   20  PERSON  SO  CHARGED HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION
   21  OF THIS SECTION WITHIN THE PRECEDING  TEN  YEARS,  ANY  PLEA  OF  GUILTY
   22  THEREAFTER  ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST
   23  A PLEA OF GUILTY TO THE PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR  OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07072-01-1
       A. 6196                             2
    1  THIS  SECTION  AND  NO  OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER
    2  CHARGE IN SATISFACTION OF SUCH CHARGE  SHALL  BE  AUTHORIZED,  PROVIDED,
    3  HOWEVER,  IF THE DISTRICT ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE
    4  DETERMINES  THAT  THE  CHARGE  OF  A  VIOLATION  OF  THIS SECTION IS NOT
    5  WARRANTED, SUCH DISTRICT ATTORNEY MAY CONSENT, AND THE COURT MAY ALLOW A
    6  DISPOSITION BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF  SUCH
    7  CHARGE;  PROVIDED, HOWEVER, IN ALL SUCH CASES, THE COURT SHALL SET FORTH
    8  UPON THE RECORD THE BASIS FOR SUCH DISPOSITION.
    9    S 2. This act shall take effect on the first of November next succeed-
   10  ing the date on which it shall have become a law.