NY State Assembly Bill 2009-A10963

Assembly Bill A10963

2009-2010 Legislative Session

Requires imposition of consecutive sentences upon conviction of driving while intoxicated assaults and homicides arising out of same occurrence; repealer

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 05, 2010	referred to codes

2009-A10963 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.25, rpld §120.04 sub 4, §120.04-a sub 4, §125.13 sub 4, §125.14 subs 4 & 5, Pen L

2009-A10963 (ACTIVE) - Summary

Requires the imposition of consecutive sentences of imprisonment upon convictions of two or more counts, or two offenses related to driving while intoxicated assault or homicide offenses arising out of the same occurrence or transaction.

2009-A10963 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10963

TITLE  OF  BILL:    An  act  to  amend  the  penal law, in relation to
requiring the sentences of imprisonment  for  convictions  of  driving
under  the  influence  of  alcohol  or  drugs  related  to assault and
homicide offenses committed through the same act or  omission  to  run
consecutively;  and  to repeal certain provisions of such law relating
to multiple injuries and death

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to  allow
judges  the  authority  to  impose consecutive sentences when a single
criminal  act  of  vehicular  assault,  vehicular   manslaughter,   or
vehicular manslaughter leads to multiple fatalities or injuries.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the opening paragraph
of  subdivision  1  of  section  70.25  of  the  penal  law to include
subdivision 6 among its exclusions.

Section 2 amends section 70,25 of  the  penal  law  by  adding  a  new
subdivision  6  to  impose  a  consecutive  sentence for each count of
vehicular assault in the second degree, vehicular assault in the  rust
degree,  aggravated  vehicular  assault. vehicular manslaughter in the
second  degree,  vehicular  manslaughter  in  the  first  degree,  and
aggravated vehicular homicide.

Section 3 repeals subdivision 4 of section 120,04 of the penal law.

Section 4 repeals subdivision 4 of section 120.04-a of the penal law.

Section 5 repeals subdivision 4 of section 125.13 of the penal law.

Section  6 repeals subdivisions 4 and 5 of section 125.14 of the penal
law.

JUSTIFICATION: On June 8,  2009  the  entire  Brewster  community  was
shocked  to  the  core  when Cowes Garcia-Zacarias drove drunk into an
8-year-old second grader and her mother as they were leaving the Seven
Stars School of Pei-Coming Arts. Garcia-Zacarias had  a  blood-alcohol
level  of  twice  the legal limit and no driver's license.  in January
2010, Garcia-Zacarias was sentenced to two concurrent  8  1/2-25  year
sentences, the maximum sentence currently allowed under New York State
law, for murdering Lori and Kayla Donohue.

New   York   should  extend  "Zero  Tolerance"  for  Garcia-Zaearias's
behavior. Sadly, under current sentencing and  parole  guidelines,  he
may  be  released  from  jail  after  serving  only  one-sixth  of his
sentence. If. while drunk, he drove his car into a full school bus, he
would receive the same sentence. Sentences like this are  exactly  why
the  crime  of  DWI continues to pervade our community, The victims of
DWI deserve better, and our community deserves better.

While Albany agreed to heighten some penalties through  the  enactment
of Leandra's Law in November 2009, which increases penalties for those
who  drive  drunk with children in the car, a zero tolerance statewide
law has not yet been adopted,

PRIOR LEGISLATIVE HISTORY: This is new legislation.


FISCAL IMPLICATIONS: None noted.

EFFECTIVE  DATE:  This  act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

2009-A10963 (ACTIVE) - Bill Text download pdf

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

                                  10963

                          I N  A S S E M B L Y

                               May 5, 2010
                               ___________

Introduced  by  M. of A. BALL -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to requiring the sentences of
  imprisonment for convictions of driving under the influence of alcohol
  or drugs related to assault and homicide  offenses  committed  through
  the  same  act or omission to run consecutively; and to repeal certain
  provisions of such law relating to multiple injuries and death

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

  Section  1. The opening paragraph of subdivision 1 of section 70.25 of
the penal law, as amended by chapter 372 of the laws of 1981, is amended
to read as follows:
  Except as provided in subdivisions two, two-a [and], five AND  SIX  of
this  section,  when multiple sentences of imprisonment are imposed on a
person at the same time, or when a person who is subject to any  undisc-
harged  term  of  imprisonment  imposed at a previous time by a court of
this state is sentenced to  an  additional  term  of  imprisonment,  the
sentence or sentences imposed by the court shall run either concurrently
or consecutively with respect to each other and the undischarged term or
terms  in  such  manner as the court directs at the time of sentence. If
the court does not specify the manner in which a sentence imposed by  it
is to run, the sentence shall run as follows:
  S  2. Section 70.25 of the penal law is amended by adding a new subdi-
vision 6 to read as follows:
  6. WHEN A PERSON IS CONVICTED OF A COUNT OF VEHICULAR ASSAULT  IN  THE
SECOND  DEGREE,  AS DEFINED IN SECTION 120.03 OF THIS CHAPTER, VEHICULAR
ASSAULT IN THE FIRST DEGREE, AS DEFINED IN SECTION 120.04 OF THIS  CHAP-
TER,  AGGRAVATED  VEHICULAR  ASSAULT,  AS DEFINED IN SECTION 120.04-A OF
THIS CHAPTER, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE, AS DEFINED IN
SECTION 125.12 OF THIS CHAPTER,  VEHICULAR  MANSLAUGHTER  IN  THE  FIRST
DEGREE,  AS  DEFINED  IN  SECTION  125.13 OF THIS CHAPTER, OR AGGRAVATED
VEHICULAR HOMICIDE, AS DEFINED IN SECTION 125.14 OF THIS CHAPTER, A TERM
OF IMPRISONMENT SHALL BE IMPOSED AS A  SENTENCE  UPON  SUCH  CONVICTION,
WHICH  SHALL RUN CONSECUTIVELY TO ANY OTHER TERM OF IMPRISONMENT IMPOSED

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

                                                           LBD15500-01-0

A. 10963                            2

AS THE SENTENCE UPON THE CONVICTION OF ANY ADDITIONAL COUNT OF  SUCH  OR
ANY OTHER OFFENSE COMMITTED THROUGH THE SAME ACT OR OMISSION.
  S 3. Subdivision 4 of section 120.04 of the penal law is REPEALED.
  S 4. Subdivision 4 of section 120.04-a of the penal law is REPEALED.
  S 5. Subdivision 4 of section 125.13 of the penal law is REPEALED.
  S  6.  Subdivisions  4  and  5  of section 125.14 of the penal law are
REPEALED.
  S 7. 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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