Bill Text: NY A07459 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to sanctions for operating a motor vehicle while under the influence of alcohol or drugs and aggravated unlicensed operation of a motor vehicle in the first degree.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Introduced - Dead) 2012-01-04 - referred to transportation [A07459 Detail]
Download: New_York-2011-A07459-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7459 2011-2012 Regular Sessions I N A S S E M B L Y May 4, 2011 ___________ Introduced by M. of A. SWEENEY, COOK, LANCMAN, ZEBROWSKI, GALEF, P. RIVERA, JAFFEE, ROBINSON, GUNTHER, ROBERTS, ENGLEBRIGHT, M. MILLER, STEVENSON, GABRYSZAK -- Multi-Sponsored by -- M. of A. LUPARDO, MAGEE, REILLY, THIELE, TITONE -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to operating a motor vehicle while under the influence of alcohol or drugs and aggra- vated unlicensed operation of a motor vehicle in the first degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (b) of subdivision 3 of section 511 of the vehi- 2 cle and traffic law, as separately amended by chapters 786 and 892 of 3 the laws of 1990, is amended to read as follows: 4 (b) Aggravated unlicensed operation of a motor vehicle in the first 5 degree IN VIOLATION OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A) OF 6 THIS SUBDIVISION is a class E felony. AGGRAVATED UNLICENSED OPERATION 7 OF A MOTOR VEHICLE IN THE FIRST DEGREE IN VIOLATION OF SUBPARAGRAPH 8 (III) OF PARAGRAPH (A) OF THIS SUBDIVISION IS A CLASS D FELONY. When a 9 person is convicted of this crime, the sentence of the court must be: 10 (i) a fine in an amount not less than five hundred dollars nor more than 11 five thousand dollars; and (ii) a term of imprisonment as provided in 12 the penal law, or (iii) where appropriate and a term of imprisonment is 13 not required by the penal law, a sentence of probation as provided in 14 subdivision six of this section, or (iv) a term of imprisonment as a 15 condition of a sentence of probation as provided in the penal law. 16 S 2. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of 17 section 1193 of the vehicle and traffic law, as amended by chapter 496 18 of the laws of 2009, are amended to read as follows: 19 (i) A person who operates a vehicle (A) in violation of subdivision 20 two, two-a, three, four or four-a of section eleven hundred ninety-two 21 of this article after having been convicted of a violation of subdivi- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09909-01-1 A. 7459 2 1 sion two, two-a, three, four or four-a of such section or of vehicular 2 assault in the second or first degree, as defined, respectively, in 3 sections 120.03 and 120.04 and aggravated vehicular assault as defined 4 in section 120.04-a of the penal law or of vehicular manslaughter in the 5 second or first degree, as defined, respectively, in sections 125.12 and 6 125.13 and aggravated vehicular homicide as defined in section 125.14 of 7 such law, within the preceding ten years NOT INCLUDING ANY PERIOD OF 8 IMPRISONMENT, or (B) in violation of paragraph (b) of subdivision two-a 9 of section eleven hundred ninety-two of this article shall be guilty of 10 a class E felony, and shall be punished by a fine of not less than one 11 thousand dollars nor more than five thousand dollars or by a period of 12 imprisonment as provided in the penal law, or by both such fine and 13 imprisonment. 14 (ii) A person who operates a vehicle in violation of subdivision two, 15 two-a, three, four or four-a of section eleven hundred ninety-two of 16 this article after having been convicted of a violation of subdivision 17 two, two-a, three, four or four-a of such section or of vehicular 18 assault in the second or first degree, as defined, respectively, in 19 sections 120.03 and 120.04 and aggravated vehicular assault as defined 20 in section 120.04-a of the penal law or of vehicular manslaughter in the 21 second or first degree, as defined, respectively, in sections 125.12 and 22 125.13 and aggravated vehicular homicide as defined in section 125.14 of 23 such law, twice within the preceding ten years NOT INCLUDING ANY PERIOD 24 OF IMPRISONMENT, shall be guilty of a class D felony, and shall be 25 punished by a fine of not less than two thousand dollars nor more than 26 ten thousand dollars or by a period of imprisonment as provided in the 27 penal law, or by both such fine and imprisonment. 28 S 3. Clause (a) of subparagraph 12 of paragraph (b) of subdivision 2 29 of section 1193 of the vehicle and traffic law, as added by chapter 732 30 of the laws of 2006, is amended to read as follows: 31 (a) Notwithstanding any other provision of this chapter to the contra- 32 ry, whenever a revocation is imposed upon a person for the refusal to 33 submit to a chemical test pursuant to the provisions of section eleven 34 hundred ninety-four of this article or conviction for any violation of 35 section eleven hundred ninety-two of this article for which a sentence 36 of imprisonment may be imposed, and such person has: (i) within the 37 previous four years been twice convicted of any provisions of section 38 eleven hundred ninety-two of this article or a violation of the penal 39 law for which a violation of such section eleven hundred ninety-two is 40 an essential element and at least one such conviction was for a crime, 41 or has twice been found to have refused to submit to a chemical test 42 pursuant to section eleven hundred ninety-four of this article, or has 43 any combination of two such convictions and findings of refusal not 44 arising out of the same incident; or (ii) within the previous eight 45 years been convicted three times of any provision of section eleven 46 hundred ninety-two of this article for which a sentence of imprisonment 47 may be imposed or a violation of the penal law for which a violation of 48 such section eleven hundred ninety-two is an essential element and at 49 least two such convictions were for crimes, or has been found, on three 50 separate occasions, to have refused to submit to a chemical test pursu- 51 ant to section eleven hundred ninety-four of this article, or has any 52 combination of such convictions and findings of refusal not arising out 53 of the same incident; OR (III) BEEN FOUR TIMES CONVICTED OF ANY 54 PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE OR A 55 VIOLATION OF THE PENAL LAW FOR WHICH A VIOLATION OF SUCH SECTION ELEVEN 56 HUNDRED NINETY-TWO IS AN ESSENTIAL ELEMENT AND AT LEAST THREE SUCH A. 7459 3 1 CONVICTIONS WERE FOR CRIMES, OR HAS FOUR TIMES BEEN FOUND TO HAVE 2 REFUSED TO SUBMIT TO A CHEMICAL TEST PURSUANT TO SECTION ELEVEN HUNDRED 3 NINETY-FOUR OF THIS ARTICLE, OR HAS ANY COMBINATION OF FOUR SUCH 4 CONVICTIONS AND FINDINGS OF REFUSAL NOT ARISING OUT OF THE SAME 5 INCIDENT, such revocation shall be permanent. 6 S 4. This act shall take effect on the ninetieth day after it shall 7 have become a law.