Senate Bill S1804

2009-2010 Legislative Session

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders

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Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1804 (ACTIVE) - Details

See Assembly Version of this Bill:
A4243
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:
2011-2012: S3367, A6196
2013-2014: S848
2015-2016: S527
2017-2018: S2835
2019-2020: S4884

2009-S1804 (ACTIVE) - Summary

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.

2009-S1804 (ACTIVE) - Sponsor Memo

2009-S1804 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1804

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced by Sens. O. JOHNSON, ALESI, LARKIN, LAVALLE, MAZIARZ, SALAND,
  SKELOS  --  read  twice  and  ordered  printed, and when printed to be
  committed 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:

  Section  1.  Subdivision 10 of section 1192 of the vehicle and traffic
law is amended by adding two new paragraphs  (e)  and  (f)  to  read  as
follows:
  (E)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF SUBDIVISION ONE OF THIS SECTION AND THE PERSON  SO  CHARGED
HAS  BEEN  CONVICTED  OF  A VIOLATION OF ANY SUBDIVISION OF THIS SECTION
WITHIN THE PRECEDING TEN YEARS, ANY PLEA OF GUILTY THEREAFTER ENTERED IN
SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST A PLEA  OF  GUILTY  TO
THE  PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND NO OTHER DISPOSI-
TION BY PLEA OF GUILTY TO ANY  OTHER  CHARGE  IN  SATISFACTION  OF  SUCH
CHARGE  SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT ATTORNEY
UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT THE  CHARGE  OF  A
VIOLATION  OF  THIS SECTION IS NOT WARRANTED, SUCH DISTRICT ATTORNEY MAY
CONSENT, AND THE COURT MAY ALLOW A DISPOSITION  BY  PLEA  OF  GUILTY  TO
ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL
SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH
DISPOSITION.
  (F)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
VIOLATION OF SUBDIVISION TWO, THREE OR FOUR  OF  THIS  SECTION  AND  THE
PERSON  SO  CHARGED HAS BEEN CONVICTED OF A VIOLATION OF ANY SUBDIVISION
OF THIS SECTION WITHIN THE PRECEDING  TEN  YEARS,  ANY  PLEA  OF  GUILTY
THEREAFTER  ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT LEAST
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.
                                                           LBD04791-01-9

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