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

                                  3783

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

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