Assembly Bill A10759

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

                                  10759

                          I N  A S S E M B L Y

                             April 20, 2010
                               ___________

Introduced  by  M.  of  A. HYER-SPENCER -- read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  the  penalties and sentences for driving while ability impaired by the
  combined influence of alcohol and drugs

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

  Section  1.  Subparagraph  (i)  of  paragraph (b) and paragraph (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:
  (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  THOU-
SAND  dollars  nor more than [one] TWO thousand dollars, or by imprison-
ment in a penitentiary or county jail for not more than [one  year]  TWO
YEARS,  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 dollars nor more than two 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.
  (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]

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

                                                           LBD16729-01-0

A. 10759                            2

TWO  thousand dollars nor more than five thousand dollars or by a period
of imprisonment as provided in the penal law WHICH SHALL NOT EXCEED FIVE
YEARS, 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]
FOUR  thousand dollars nor more than ten thousand dollars or by a period
of imprisonment as provided in the penal  law  WHICH  SHALL  NOT  EXCEED
EIGHT YEARS, or by both such fine and imprisonment.
  (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  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.
  S  2.  Subparagraphs  2  and  3  of  paragraph (b) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by  chapter  732
of the laws of 2006, are amended to read as follows:
  (2)  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.   [Six
months] ONE YEAR, where the holder is convicted of a violation of subdi-
vision two, three, four or four-a of section eleven  hundred  ninety-two
of  this  article. One year where the holder is convicted of a violation
of subdivision two-a of section eleven hundred ninety-two of this  arti-
cle.
  (3)  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; prior
offense. [One year] EIGHTEEN MONTHS, where the holder is convicted of  a
violation  of  subdivision  two, three, four or four-a of section eleven
hundred ninety-two of this article  committed  within  ten  years  of  a
conviction  for a violation of subdivision two, three, four or four-a of
section  eleven  hundred  ninety-two  of  this  article.      [Eighteen]
TWENTY-FOUR  months,  where  the  holder  is convicted of a violation of
subdivision two-a of section eleven hundred ninety-two of  this  article
committed  within  ten years of a conviction for a violation of subdivi-
sion two, two-a, three, four or four-a of section eleven  hundred  nine-
ty-two  of this article; or where the holder is convicted of a violation
of subdivision two, three, four or  four-a  of  section  eleven  hundred

A. 10759                            3

ninety-two  of  this  article committed within ten years of a conviction
for a violation of subdivision two-a of section eleven  hundred  ninety-
two of this article.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.