S T A T E   O F   N E W   Y O R K
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                                  4313

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A. GABRYSZAK, GUNTHER, SPANO, M. MILLER, HOOPER,
  LAVINE -- Multi-Sponsored by -- M.  of  A.  BURLING,  CROUCH,  GIBSON,
  HIKIND, MAYERSOHN, McDONOUGH, SWEENEY, THIELE, WEISENBERG -- 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-01-1
              

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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]
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

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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
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.