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.
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