Bill Text: NY S00798 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S00798 Detail]

Download: New_York-2019-S00798-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           798
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03383-01-9
        S. 798                              2
     1    § 114-a. Drug. The term "drug" when used in this chapter,  means  [and
     2  includes any substance listed in section thirty-three hundred six of the
     3  public health law] any drug or impairing substance.
     4    § 4. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
     5  traffic  law  is  amended  by  adding  a  new  subparagraph 8 to read as
     6  follows:
     7    (8)  Suspension  pending  prosecution;  drug  impairment.  Except   as
     8  provided  in clause a-1 of subparagraph seven of this paragraph, a court
     9  shall suspend a driver's license, pending  prosecution,  of  any  person
    10  charged with a violation of subdivision four or four-a of section eleven
    11  hundred  ninety-two  of  this  article  who,  at  the time of arrest, is
    12  alleged to have been ability impaired by drugs.
    13    § 5. Paragraph (a) of subdivision 3 of section 30.30 of  the  criminal
    14  procedure  law, as amended by chapter 93 of the laws of 2006, is amended
    15  to read as follows:
    16    (a) Subdivisions one and two do not apply to a criminal action wherein
    17  the defendant is accused of  an  offense  defined  in  sections  125.10,
    18  125.12, 125.13, 125.14, 125.15, 125.20, 125.25, 125.26 and 125.27 of the
    19  penal law.
    20    § 6. This act shall take effect immediately.