senate Bill S7108

Relates to enacting Vince's law

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Sponsor

Bill Status


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

  • 28 / Apr / 2014
    • REFERRED TO TRANSPORTATION
  • 03 / Jun / 2014
    • 1ST REPORT CAL.1185
  • 09 / Jun / 2014
    • 2ND REPORT CAL.
  • 10 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • SUBSTITUTED BY A8021A

Summary

Enacts Vince's law, relating to operating a motor vehicle while under the influence of alcohol or drugs.

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Bill Details

See Assembly Version of this Bill:
A8021A
Versions:
S7108
Legislative Cycle:
2013-2014
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L

Sponsor Memo

BILL NUMBER:S7108

TITLE OF BILL: An act to amend the vehicle and traffic law, in
relation to enacting "Vince's law"

PURPOSE OR GENERAL IDEA OF BILL: To enact Vince's Law to extend then
period of time in which multiple driving while intoxicated convictions
can occur in order to be a felony.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - creates the law known as "Vince's Law."

Section 2 - adds a new subparagraph (ii-a) to paragraph (c) of
subdivision one of Section 1193 of the Vehicle and Traffic Law.

Section 3 -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 and, tragically, died from his
injuries.

It was later discovered that at the time of the accident, the driver's
blood-alcohol count was 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 and community
members were outraged and asked why a person with five prior DWI
convictions had not been incarcerated.

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 the issue of persistent drunk drivers by requiring
those convicted of subsequent DWI offenses to face increased
penalties.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law and shall
apply to violations occurring on and after such date.

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

                                  7108

                            I N  S E N A T E

                             April 28, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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  enacting
  "Vince's law"

  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. Paragraph (c) of subdivision 1 of section 1193 of the vehicle and
traffic law is amended by adding a new subparagraph (ii-a)  to  read  as
follows:
  (II-A)  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 SUBDIVI-
SION 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, THREE OR MORE TIMES WITHIN THE PRECEDING FIFTEEN YEARS, SHALL
BE GUILTY OF A CLASS D FELONY, AND SHALL BE PUNISHED BY A  FINE  OF  NOT
LESS  THAN TWO THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS OR BY
A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY  BOTH  SUCH
FINE AND IMPRISONMENT.
  S 3. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
violations occurring on and after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11261-03-4

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