|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to transportation|
|Jan 05, 2011||referred to transportation|
senate Bill S142
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S142 - Details
S142 - Summary
Increases penalties for repeat driving while ability impaired conviction committed within the preceding ten years or for a fourth conviction for a similar offense.
S142 - Sponsor Memo
BILL NUMBER:S142 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to increasing penalties for certain alcohol related driving convictions PURPOSE: Creates a new Class E felony when a person is convicted of a fourth violation of Driving While Ability Impaired under vehicle and traffic law section 1192, subdivision one. SUMMARY OF PROVISIONS: Section one amends section 1193 of the vehicle and traffic law to provide that a conviction of Driving While Ability Impaired (DWAI) under section 1192 subdivision one, after three prior offenses under section 1192 within 10 years is a Class E felony offense and is punishable by a fine of $1,000 to $5,000 and/or imprisonment from 1 to 3 years minimum, The bill also amends section 1193 of the vehicle and traffic law by adding DWAI as a misdemeanor or DWAI as a felony to the list of felony offenses as depicted in this list of sanctions. JUSTIFICATION: Under current law, section 1193(1) (c), imposes a felony offense for a second conviction of DWI or DWAI-drugs, This legislation would create a new felony offense for the conviction of DWAI after three
S142 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 142 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, ALESI, DeFRANCISCO, FLANAGAN, JOHNSON, LANZA, SALAND, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to increasing penalties for certain alcohol related driving convictions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi- cle and traffic law is amended by adding a new subparagraph (iv) to read as follows: (IV) A PERSON WHO OPERATES A VEHICLE IN VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER HAVING BEEN CONVICTED THREE TIMES PREVIOUSLY OF A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, 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 BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT. S 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by chapter 75 of the laws of 1994, is 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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