S T A T E O F N E W Y O R K
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3783
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. KOON, ABBATE, CUSICK, GALEF, DINOWITZ, CYMBROW-
ITZ, ORTIZ, PERALTA, RAMOS, MILLMAN, MAGNARELLI, ENGLEBRIGHT --
Multi-Sponsored by -- M. of A. BING, BRADLEY, CLARK, COLTON, EDDING-
TON, HOOPER, JOHN, LAVINE, MAYERSOHN, SWEENEY, TOWNS, WEISENBERG --
read once and referred to the Committee on Codes
AN ACT to amend the vehicle and traffic law, in relation to additional
penalties for certain drunk driving convictions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1193 of the vehicle and traffic
law is amended by adding a new paragraph (g) to read as follows:
(G) DRIVING WHILE INTOXICATED WITH A CHILD IN THE VEHICLE. A PERSON
CONVICTED OF A VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION
ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WHERE A CHILD UNDER THE AGE
OF SEVENTEEN WAS A PASSENGER IN THE VEHICLE BEING OPERATED, SHALL BE
SUBJECT TO THE FOLLOWING PENALTIES IN ADDITION TO THE CURRENT PENALTIES:
(1) FOR A FIRST SUCH OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN TWO
HUNDRED DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS OR AN ADDITIONAL
FORTY-EIGHT CONSECUTIVE HOURS OF IMPRISONMENT, OR BY BOTH SUCH ADDI-
TIONAL FINE AND IMPRISONMENT;
(2) FOR A SECOND SUCH OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN
FOUR HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS OR AN ADDITIONAL
TEN DAYS OF IMPRISONMENT, OR BY BOTH SUCH ADDITIONAL FINE AND IMPRISON-
MENT;
(3) FOR ANY SUBSEQUENT OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN
ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS OR AN ADDI-
TIONAL TERM OF IMPRISONMENT OF NOT LESS THAN THIRTY DAYS NOR MORE THAN
NINETY DAYS, OR BY BOTH SUCH ADDITIONAL FINE AND IMPRISONMENT.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01787-01-9