senate Bill S142

2011-2012 Legislative Session

Increases penalties for certain alcohol related driving convictions

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Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 05, 2011 referred to transportation

Co-Sponsors

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S142 - Details

See Assembly Version of this Bill:
A2410
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S1048, A867

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

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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