2009-J6590
LEGISLATIVE RESOLUTION urging the New York State Congressional deleg-
ation to enact legislation modeled after Leandra's Law as enacted by the
State of New York in 2009
WHEREAS, Leandra's Law was named after 11-year-old Leandra Rosado who
was killed while riding in a car that crashed along the Henry Hudson
Parkway; the driver of the car was arrested for DWI; and
WHEREAS, Leandra's Law created a new aggravated driving while intoxi-
cated offense for a person who operates a vehicle while intoxicated by
alcohol, impaired by drugs, or a combination of both while a child is a
passenger in the vehicle, which would be a class E felony; and
WHEREAS, In addition Leandra's Law requires that all individuals
convicted of misdemeanor and felony DWI offenses to install and maintain
an ignition interlock device; and
WHEREAS, All persons who drive while intoxicated pose a danger to
others; a person who knowingly chooses to drive drunk with children in
the car has made a conscious decision to put those children at risk of
harm or death; and
WHEREAS, While an adult can take steps to avoid riding with a drunk or
impaired driver, a child may not have that choice, particularly when the
driver is a parent or guardian; and
WHEREAS, Currently a first DWI offense is a misdemeanor and may even
be treated as a traffic infraction; Leandra's Law would make it a felony
for an individual to drive while intoxicated or under the influence of
drugs when a child fifteen years or younger is in the car; and
WHEREAS, Leandra's Law would also prohibit a plea to a reduced, non-
criminal charge for someone charged with DWI when there is a child as a
passenger in the car; and
WHEREAS, Finally, Leandra's Law will also require persons convicted of
misdemeanor DWI offenses to install and maintain an ignition interlock
device that will prevent such persons from driving under the influence
of drugs or alcohol in the future; the use of such devices has proven an
extraordinarily effective means of preventing recidivism by those who
drive drunk; now, therefore, be it
RESOLVED, That the New York State Congressional delegation be and
hereby is respectfully memorialized by this Legislative Body to enact
legislation modeled after Leandra's Law as enacted by the State of New
York in 2009; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to each member of the Congressional delegation from the State of
New York.