|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to transportation|
|Jan 05, 2011||referred to transportation|
senate Bill S165
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S165 - Details
- Current Committee:
- Law Section:
- Vehicle and Traffic Law
- Laws Affected:
- Amd §1193, V & T L
- Versions Introduced in 2009-2010 Legislative Session:
S165 - Summary
Expands the requirement of mandatory imprisonment or community service for repeat convictions of driving while intoxicated, driving while impaired by drugs and commercial vehicle alcohol offenses; increases the period of revocation of an operator's license and registration to 2 years for the first repeat conviction within 10 years, and 4 years for the second and subsequent convictions within such period of time.
S165 - Sponsor Memo
BILL NUMBER:S165 TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to repeat convictions of alcohol and drug-related offenses PURPOSE: Increase the penalties for repeat driving while intoxicated. SUMMARY OF PROVISIONS: This bill increases the period of revocation for repeat offenders from one year to two years for drivers convicted of one prior DWI violation, and from one year to four years for drivers with two or more prior DWI convictions within ten years. The bill also adds DWAI-Drugs and commercial DWI to the list of offenses which can receive these additional penalties of mandatory imprisonment or community service for repeat offenders. The bill requires, any person convicted of DWI, DWAI, DWAI Drugs, or commercial DWI, after having been convicted of either offense within the previous five years, be sentenced to either a minimum five day prison term of imprisonment or any person convicted of DWAI-Drugs and commercial DWI to the list of offenses which carry these additional penalties of mandatory imprisonment or community service for repeat offenders. The bill requires, any person convicted of DWI, DWAI, DWAI Drugs, or commercial DWI, after having been convicted on two or more occasions within the previous five years, be sentenced to either a minimum ten day prison term of imprisonment or 80 days of community service. JUSTIFICATION: Federal law requires additional penalties only for
S165 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 165 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sens. MAZIARZ, ALESI, BONACIC, FLANAGAN, GOLDEN, LANZA, LAVALLE, SALAND -- 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 repeat convictions of alcohol and drug-related offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1-a of section 1193 of the vehicle and traffic law, as added by chapter 691 of the laws of 2002, paragraph (c) as amended by chapter 669 of the laws of 2007 and paragraph (d) as added by chapter 732 of the laws of 2006, is amended to read as follows: 1-a. Additional penalties. (a) Except as provided for in paragraph (b) of this subdivision, a person who operates a vehicle in violation of subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred ninety-two of this article after having been convicted of a violation of subdivision two [or], three, FOUR, FIVE OR SIX of such section within the preceding five years shall, in addition to any other penalties which may be imposed pursuant to subdivision one of this section, be sentenced to a term of imprisonment of five days or, as an alternative to such imprisonment, be required to perform thirty days of service for a public or not-for-profit corporation, association, institution or agency as set forth in paragraph (h) of subdivision two of section 65.10 of the penal law as a condition of sentencing for such violation. Notwithstanding the provisions of this paragraph, a sentence of a term of imprisonment of five days or more pursuant to the provisions of subdivision one of this section shall be deemed to be in compliance with this subdivision. (b) A person who operates a vehicle in violation of subdivision two [or], three, FOUR, FIVE OR SIX of section eleven hundred ninety-two of this article after having been convicted on two or more occasions of a violation of any of such subdivisions within the preceding five years EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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