senate Bill S5338

Amended

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / May / 2011
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 01 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 30 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 15 / May / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 15 / May / 2012
    • PRINT NUMBER 5338A
  • 12 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 12 / Jun / 2012
    • PRINT NUMBER 5338B

Summary

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs.

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Bill Details

Versions:
S5338
S5338A
S5338B
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §§1193 & 1192, rpld §1192 sub 10, V & T L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details

Sponsor Memo

BILL NUMBER:S5338

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to enacting "Vince's
law" to increase fines, terms of imprisonment and license conditions for
violations of provisions of law relating to driving while intoxicated
or impaired by drugs; and to repeal certain provisions of such law
relating thereto

PURPOSE:
To enact Vince's law which would increase the criminal penalties for
driving while intoxicated or impaired by drugs, and would
specifically address repeat offenders by increasing fines, terms of
imprisonment and license conditions for persistent drunk drivers.

SUMMARY OF PROVISIONS:
Section 1 creates the law known as Vince's law

Section 2 amends the vehicle and traffic law section 1193. For a first
offense the fine would increase from no less than $500 to no less
than $1000, and would require offenders to receive a conditional
license for 18 months allowing them to drive back and forth to work,
and back and forth to the hospital, doctor, dentist, or emergency
room. A second offense, would result in a felony that would require a
mandatory license revocation of 18 months, a $2500 fine and a
mandatory period of incarceration of six months to one year. After a
third offense and each conviction thereafter, offenders would face a
mandatory license revocation of 7 years, a $5000 fine and a mandatory
incarceration period of 5 to 7 years.

Section 3 repeals subdivision 10 of section 1192 of the vehicle and
traffic law and adds a new subdivision that would impose plea bargain
limitations.

Section 4 Establishes the effective date.

JUSTIFICATION:
In January 2011, 82 year old Vincent Russo was on his way to Sunday
morning mass, when he was critically injured after being struck
head-on by a drunk driver. Tragically, Vince later died from his
injuries. During the ensuing investigation it was revealed that at
the time of the accident, the drunk drivers blood-alcohol count was
found to be four times the legal limit in New York State, and that he
was free awaiting sentencing for a fifth DWI violation that occurred
in November of 2010. Vince's family as well as members of the
community were outraged and wanted to know why a person with five
prior DWI convictions was not already in jail.

Under existing law, judges and the district attorney's office have a
great deal of discretion in imposing sentences on those convicted of
DWI.

DWI is a serious offense and the penalties imposed on these offenders
should reflect the seriousness of this crime. This legislation would
serve to address this issue by implementing harsher penalties for


those convicted of DWI, and would specifically address the issue of
persistent drunk drivers by requiring those convicted of a second DWI
offense and any DWI conviction thereafter to face increased penalties
including a mandatory period of incarceration.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall
become law.

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

                                  5338

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 9, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse

AN  ACT  to  amend  the vehicle and traffic law, in relation to enacting
  "Vince's law" to increase fines, terms  of  imprisonment  and  license
  conditions  for  violations  of  provisions of law relating to driving
  while  intoxicated  or  impaired  by  drugs;  and  to  repeal  certain
  provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Vince's law".
  S 2. Paragraphs (b) and (c) of subdivision 1 of section  1193  of  the
vehicle  and traffic law, as amended by chapter 496 of the laws of 2009,
are amended to read as follows:
  (b) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug or drugs; aggravated driving while intoxicated; misdemeanor
offenses. (i) A violation of subdivision two, three, four or  four-a  of
section eleven hundred ninety-two of this article shall be a misdemeanor
and  shall  be  punishable by a fine of not less than [five hundred] ONE
THOUSAND dollars nor more than one thousand FIVE HUNDRED dollars, or  by
imprisonment  in  a  penitentiary  or  county jail for not more than one
year, or by both such fine and imprisonment. A  violation  of  paragraph
(a)  of  subdivision  two-a of section eleven hundred ninety-two of this
article shall be a misdemeanor and shall be punishable by a fine of  not
less  than  one  thousand FIVE HUNDRED dollars nor more than [two] THREE
thousand [five hundred] dollars or by imprisonment in a penitentiary  or
county  jail for not more than one year, or by both such fine and impri-
sonment.
  (ii) In addition to the imposition of any fine or period of  imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11135-01-1

S. 5338                             2

person convicted of a violation of subdivision two, two-a  or  three  of
section  eleven  hundred  ninety-two  of  this  article  to  a period of
probation or conditional discharge, as a condition  of  which  it  shall
order  such  person  to  install  and  maintain,  in accordance with the
provisions of section eleven hundred ninety-eight of  this  article,  an
ignition interlock device in any motor vehicle owned or operated by such
person  during  the  term  of  such  probation  or conditional discharge
imposed for such violation of section eleven hundred ninety-two of  this
article and in no event for less than six months. Provided, however, the
court  may  not authorize the operation of a motor vehicle by any person
whose license or privilege to operate a motor vehicle has  been  revoked
pursuant to the provisions of this section.
  (III) IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
MENT  SET  FORTH  IN  THIS PARAGRAPH, THE COURT SHALL ALSO SENTENCE SUCH
PERSON CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A  OR  THREE  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  TO  A PERIOD OF
PROBATION OR CONDITIONAL DISCHARGE, AS A CONDITION  OF  WHICH  IT  SHALL
ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON BE
LIMITED IN ITS SCOPE TO AUTHORIZE SUCH PERSON TO OPERATE A MOTOR VEHICLE
ONLY  FOR  THE  PURPOSES  OF  TRAVELING  TO OR FROM WORK OR TO OR FROM A
HOSPITAL, DOCTOR'S OFFICE,  DENTIST  OFFICE,  EMERGENCY  ROOM  OR  OTHER
LOCATION  WHERE  MEDICAL  SERVICES ARE PROVIDED FOR A PERIOD OF NOT LESS
THAN EIGHTEEN MONTHS. ANY VIOLATION OF THE CONDITIONS SET FORTH IN  THIS
SUBPARAGRAPH  SHALL  RESULT IN THE IMMEDIATE REVOCATION OF SUCH PERSON'S
LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF NOT LESS  THAN  EIGH-
TEEN  MONTHS  FROM  THE  DATE  OF SUCH VIOLATION. PROVIDED, HOWEVER, THE
COURT MAY NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY  ANY  PERSON
WHOSE  LICENSE  OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN REVOKED
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (c) Felony offenses. (i) A  person  who  operates  a  vehicle  (A)  in
violation  of  subdivision  two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four  or  four-a  of  such
section  or  of  vehicular  assault  in  the  second or first degree, as
defined, respectively, in sections  120.03  and  120.04  and  aggravated
vehicular  assault as defined in section 120.04-a of the penal law or of
vehicular manslaughter in  the  second  or  first  degree,  as  defined,
respectively,  in  sections  125.12  and 125.13 and aggravated vehicular
homicide as defined in section 125.14 of such law, within the  preceding
ten  years, or (B) in violation of paragraph (b) of subdivision two-a of
section eleven hundred ninety-two of this article shall be guilty  of  a
class  E  felony, and shall be punished by a fine of not less than [one]
TWO thousand FIVE HUNDRED dollars nor more than  five  thousand  dollars
[or]  AND  by a period of imprisonment as provided in the penal law[, or
by both such fine and imprisonment].
  (ii) A person who operates a vehicle in violation of subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation  of  subdivision
two,  two-a,  three,  four  or  four-a  of  such section or of vehicular
assault in the second or first  degree,  as  defined,  respectively,  in
sections  120.03  and 120.04 and aggravated vehicular assault as defined
in section 120.04-a of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 and aggravated vehicular homicide as defined in section 125.14 of
such law, twice within the preceding ten years, shall  be  guilty  of  a
class  D  felony, and shall be punished by a fine of not less than [two]

S. 5338                             3

FIVE thousand dollars nor more than ten thousand dollars [or] AND  by  a
period  of  imprisonment  as provided in the penal law, [or by both such
fine and imprisonment] PROVIDED THAT SUCH PERIOD OF  IMPRISONMENT  SHALL
NOT BE LESS THAN FIVE YEARS NOR MORE THAN SEVEN YEARS.
  (iii)  [In  addition to the imposition of any fine or period of impri-
sonment set forth in this paragraph, the court shall also sentence  such
person  convicted  of  a violation of subdivision two, two-a or three of
section eleven hundred  ninety-two  of  this  article  to  a  period  of
probation  or  conditional  discharge,  as a condition of which it shall
order such person to  install  and  maintain,  in  accordance  with  the
provisions  of  section  eleven hundred ninety-eight of this article, an
ignition interlock device in any motor vehicle owned or operated by such
person during the  term  of  such  probation  or  conditional  discharge
imposed  for such violation of section eleven hundred ninety-two of this
article and in no event for a period of less than six months.  Provided,
however, the court may not authorize the operation of a motor vehicle by
any  person  whose  license  or privilege to operate a motor vehicle has
been revoked pursuant to the provisions of this section.] A. IN ADDITION
TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISONMENT  SET  FORTH  IN
SUBPARAGRAPH  (I) OF THIS PARAGRAPH, THE COURT SHALL ALSO ORDER THAT THE
LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON SHALL BE  REVOKED
FOR A PERIOD OF EIGHTEEN MONTHS.
  B.  IN  ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISON-
MENT SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE  COURT  SHALL
ALSO  ORDER  THAT  THE  LICENSE  TO OPERATE A MOTOR VEHICLE HELD BY SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF SEVEN YEARS.
  S 3. Subdivision 10 of section 1192 of the vehicle and traffic law  is
REPEALED and a new subdivision 10 is added to read as follows:
  10.  PLEA  BARGAIN  LIMITATIONS.  IN  ANY CASE WHEREIN THE CHARGE LAID
BEFORE THE COURT ALLEGES A VIOLATION OF SUBDIVISION TWO, THREE, FOUR  OR
FOUR-A  OF  THIS  SECTION,  NO  PLEA OF GUILTY TO A LESSER CHARGE MAY BE
ENTERED IN SATISFACTION OF SUCH CHARGE.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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