S T A T E O F N E W Y O R K
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2767
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
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Introduced by M. of A. CALHOUN, HAWLEY, JAFFEE -- Multi-Sponsored by --
M. of A. CASTRO, CONTE, CROUCH, THIELE -- read once and referred to
the Committee on Transportation
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 (h) to read as follows:
(H) DRIVING WHILE ABILITY IMPAIRED OR DRIVING WHILE INTOXICATED WITH A
PERSON WITH DEVELOPMENTAL DISABILITIES. A PERSON CONVICTED OF A
VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR OR FOUR-A OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WHERE A PERSON WITH
DEVELOPMENTAL DISABILITIES WAS A PASSENGER IN THE VEHICLE BEING OPER-
ATED, 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 FIFTY DOLLARS NOR MORE THAN FIVE HUNDRED DOLLARS OR AN ADDI-
TIONAL FORTY-EIGHT CONSECUTIVE HOURS OF IMPRISONMENT, OR BY BOTH SUCH
ADDITIONAL FINE AND IMPRISONMENT;
(2) FOR A SECOND SUCH OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN
FIVE 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.
LBD02905-01-1