senate Bill S165

2011-2012 Legislative Session

Expands application of additional penalties for repeat driving while intoxicated offenses to vehicular drug related offenses

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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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S165 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in 2009-2010 Legislative Session:
S1050

S165 - Bill Texts

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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.

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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
multiple convictions within a 5 year period, but does not reduce
additional periods of license revocation. However, New York State law
presently requires that a person's license be revoked for one year
where he or she is convicted of driving while intoxicated or driving
while ability impaired by drugs where such person has a prior
conviction for one of these offenses within the preceding 10 years. In
order to be consistent with the increase in penalties for repeat
offenders, there should also be an increase in the period of
revocation for repeat offenders. Accordingly, this bill would increase
from 1 year to 2 years the period of license revocation for persons
convicted of one prior violation of such offenses, For persons with
two or more prior convictions the period of revocation is increased
from one year to four years, It is also important to make sure that
those individuals convicted of driving while ability impaired drugs,
or commercial DWI are also punished to the same extent of the law as
those individuals who are convicted of DWI.

LEGISLATIVE HISTORY:
S.692A; Passed Senate
S.4987-13 of 2003/2004; Passed Senate
S.45 of 2007; Passed Senate
S.45-A of 2008; Passed Senate
S.1050 of 2009/2010; Referred to Transportation

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately, provided that
section two of this act shall take effect on the first march next
succeeding the date on which it shall have become a law.


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                    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.
                                                           LBD01573-01-1

S. 165                              2

shall, in addition to any other penalties which may be imposed  pursuant
to  subdivision one of this section, be sentenced to a term of imprison-
ment of ten days or, as an alternative to such imprisonment, be required
to  perform  sixty days of service for a public or not-for-profit corpo-
ration, 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  ten  days  or  more
pursuant  to  the provisions of subdivision one of this section shall be
deemed to be in compliance with this subdivision.
  (c) A court sentencing a person pursuant to paragraph (a)  or  (b)  of
this subdivision shall: (i) order the installation of an ignition inter-
lock  device approved pursuant to section eleven hundred ninety-eight of
this article in any motor vehicle owned or operated  by  the  person  so
sentenced.  Such  devices  shall  remain  installed during any period of
license revocation required to be imposed pursuant to paragraph  (b)  of
subdivision two of this section, and, upon the termination of such revo-
cation  period,  for  an  additional  period as determined by the court;
[and] (ii) order that such person receive an assessment of the degree of
their  alcohol  or  substance  abuse  and  dependency  pursuant  to  the
provisions  of  section  eleven  hundred ninety-eight-a of this article.
Where such assessment indicates the need for treatment,  such  court  is
authorized  to  impose  treatment as a condition of such sentence except
that such court shall impose treatment as a condition of a  sentence  of
probation  or conditional discharge pursuant to the provisions of subdi-
vision three of section eleven hundred ninety-eight-a of  this  article.
Any  person  ordered to install an ignition interlock device pursuant to
this paragraph shall be subject to the provisions of subdivisions  four,
five,  seven,  eight  and nine of section eleven hundred ninety-eight of
this article; AND (III) ORDER THAT, DURING ANY PERIOD OF LICENSE REVOCA-
TION REQUIRED TO BE IMPOSED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO
OF THIS SECTION, THE REGISTRATION OF EACH MOTOR VEHICLE  OWNED  BY  SUCH
PERSON  BE  REVOKED;  PROVIDED, HOWEVER, THAT THE COURT MAY GRANT RELIEF
FROM SUCH REGISTRATION REVOCATION  IF  AN  INDIVIDUAL,  OTHER  THAN  THE
PERSON SENTENCED, WOULD BE SUBJECTED TO UNDUE HARDSHIP DUE TO SUCH REVO-
CATION.
  (d)  Confidentiality  of records. The provisions of subdivision six of
section eleven hundred ninety-eight-a of this article shall apply to the
records and content of all assessments and treatment conducted  pursuant
to this subdivision.
  S  2. Subparagraph 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, is amended to read as follows:
  (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]  TWO  YEARS,  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 months]
FOUR YEARS, where the holder is convicted of a violation of  subdivision
two-a  of  section  eleven  hundred ninety-two of this article committed
within ten years of a conviction for a  violation  of  subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article; or where the holder is convicted of a violation of  subdi-

S. 165                              3

vision  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.  FOUR YEARS, WHERE THE HOLDER IS CONVICTED OF A VIOLATION
OF SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN  HUNDRED  NINETY-TWO
OF  THIS  ARTICLE  AFTER  HAVING  BEEN  CONVICTED TWO OR MORE TIMES OF A
VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO OF THIS ARTICLE WITHIN THE PRECEDING TEN YEARS.
  S 3. This act shall take effect immediately, provided that section two
of  this act shall take effect on the first of March next succeeding the
date on which it shall have become a law.

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