S T A T E O F N E W Y O R K
________________________________________________________________________
6069
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
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Introduced by M. of A. BRODSKY, HOYT -- Multi-Sponsored by -- M. of A.
CLARK, DINOWITZ, GALEF, HOOPER, MAYERSOHN, PHEFFER -- read once and
referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to sanctions
against driving while ability is impaired or while intoxicated
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b) and (c) of subdivision 1 of section
1193 of the vehicle and traffic law, paragraph (a) as amended by chapter
75 of the laws of 1994, paragraph (b) as amended by chapter 669 of the
laws of 2007, paragraph (c) as amended by chapter 732 of the laws of
2006, and subparagraphs (i) and (ii) of paragraph (c) as amended by
chapter 345 of the laws of 2007, are amended to read as follows:
(a) Driving while ability impaired. A violation of subdivision one of
section eleven hundred ninety-two of this article shall be a traffic
infraction and shall be punishable by a fine of not less than three
hundred dollars nor more than five hundred dollars or by imprisonment in
a penitentiary or county jail for not more than fifteen days, or by both
such fine and imprisonment. A person who operates a vehicle in violation
of such subdivision after having been convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article within
the preceding five years shall be punished by a fine of not less than
five hundred dollars nor more than seven hundred fifty dollars[, or] AND
by imprisonment of not LESS THAN THREE DAYS NOR more than thirty days in
a penitentiary or county jail [or by both such fine and imprisonment].
A person who operates a vehicle in violation of such subdivision after
having been convicted two or more times of a violation of any subdivi-
sion of section eleven hundred ninety-two of this article within the
preceding ten years shall be guilty of a misdemeanor, and shall be
punished by a fine of not less than seven hundred fifty dollars nor more
than fifteen hundred dollars[, or] AND by imprisonment of not LESS THAN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08666-02-9
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FIVE DAYS NOR more than one hundred eighty days in a penitentiary or
county jail [or by both such fine and imprisonment].
(b) 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; misdemeanor
offenses. 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 dollars
nor more than one thousand dollars, [or] AND by imprisonment in a peni-
tentiary or county jail for not LESS THAN THREE DAYS NOR more than one
year[, or by both such fine and imprisonment]. A violation of subdivi-
sion 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. In addition to the imposi-
tion of any fine or period of imprisonment set forth in this paragraph,
the court shall require that any person who has been convicted of a
violation of subdivision two-a of section eleven hundred ninety-two of
this article and who is sentenced to a period of probation, to install
and maintain, as a condition of such probation and in accordance with
section eleven hundred ninety-eight of this article, a functioning
ignition interlock device in any vehicle owned or operated by the person
during the term of such probation; 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.
(c) Felony offenses. (i) 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, within the preceding
ten years, shall be guilty of a class E felony, and shall be punished by
a fine of not less than one thousand dollars nor more than five thousand
dollars [or] AND by a period of imprisonment OF NOT LESS THAN FIFTEEN
DAYS NOR MORE THAN A PERIOD OF IMPRISONMENT as provided in the penal
law[, 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
thousand dollars nor more than ten thousand dollars [or] AND by a period
of imprisonment OF NOT LESS THAN FIFTEEN DAYS NOR MORE THAN A PERIOD OF
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IMPRISONMENT as provided in the penal law[, or by both such 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.