senate Bill S2597

2011-2012 Legislative Session

Relates to driving while intoxicated

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Archive: Last Bill Status - Passed Senate


  • 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
Feb 06, 2012 referred to transportation
delivered to assembly
passed senate
Jan 23, 2012 advanced to third reading
Jan 19, 2012 2nd report cal.
Jan 18, 2012 1st report cal.47
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 16, 2011 referred to transportation
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1054
Jan 26, 2011 referred to transportation

Votes

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Jan 18, 2012 - Transportation committee Vote

S2597
16
0
committee
16
Aye
0
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Transportation Committee Vote: Jan 18, 2012

aye wr (2)
excused (1)

Jun 7, 2011 - Transportation committee Vote

S2597
18
0
committee
18
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Transportation committee vote details

Co-Sponsors

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S2597 - Bill Details

See Assembly Version of this Bill:
A5349
Current Committee:
Assembly Transportation
Law Section:
Penal Law
Laws Affected:
Amd §1193, V & T L; amd §70.06, Pen L

S2597 - Bill Texts

view summary

Relates to driving while intoxicated; imposes further penalties upon persons who operate a vehicle while under the influence of alcohol or drugs.

view sponsor memo
BILL NUMBER:S2597

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the penal law, in relation to
driving while intoxicated

PURPOSE:
The purpose of this legislation is to make mandatory a period of
incarceration for individuals who choose to again drive while under
the influence after having been previously convicted of such a crime.

SUMMARY OF PROVISIONS:
Section 1 tolls during periods of incarceration the clock on the ten
year look back period for multiple driving under the influence
convictions

Section 2 amends Vehicle and Traffic Law section 1193 to impose
mandatory jail time for individuals convicted of multiple driving
under the influence offenses:

- 30 days - a conviction for violating subdivision two, three, four or
four-a of section 1192 after having been convicted of violating
subdivision two, two-a, three, four or four-a of section 1192 in the
preceding ten years

- 90 days - a conviction for violating subdivision two, three, four or
four-a of section 1192 after having been convicted two or more times
of violating subdivision two, two-a, three, four or four-a of section
1192 in the preceding ten years

- 180 days - a conviction for violating subdivision two-a of section
1192 after previously having been convicted of a violation of such
subdivision in the past ten years

- 1 year - a conviction for violating subdivision two-a of section
1192 after previously having been convicted two or more times for
violation of such subdivision in the past ten years

Section 3 amends the Penal Law to allow non-Penal Law felonies to be
considered predicate felonies for the purpose of second time felony
offender sentencing

Section 4 contains the effective date

JUSTIFICATION:
DWI is a crime. It can be a deadly, violent crime. When a driver does
not learn from the first conviction and gets convicted again, with no
jail time, this only reinforces the myth that DWI is a social ill,
not a crime. Research shows that approximately 21.6% of convicted
drunk drivers in New York will be convicted again. Furthermore,
research has shown that statewide there are 481 incidents of DWI to
every one arrest.

Incarceration for repeat DWI offenders is presently an option for a
judge, but there is no requirement that these drunk drivers have to


spend any time in jail. Under current law, drunk drivers convicted of
two or more DWI offenses within ten years are guilty of a felony and
face a fine and/or jail time. Those who commit these crimes within a
five year period can face either additional jail time or community
service. However, since jail time is not mandatory, judges can allow
these individuals to escape incarceration and only face a fine or a
combination of a fine and community service.

This legislation would require drunk drivers to serve a minimum of 30
days in jail for their second driving under the influence conviction
in ten years, and a minimum of90 days in jail if they are convicted
of three or more driving under the influence offenses within ten
years.
Additionally, drivers convicted of their second aggravated DWI in ten
years would face a mandatory 180 day sentence, and drivers convicted
of three or more aggravated DWIs would face a 1 year mandatory
sentence. In all cases, these sentences would be in addition to any
other penalties imposed by the courts.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First of November next succeeding the date which it shall have become
law.

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

                                  2597

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 26, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, BONACIC, DILAN, HUNTLEY, JOHNSON, KLEIN,
  LARKIN, NOZZOLIO, SALAND, STAVISKY -- 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 and the penal law, in
  relation to driving while intoxicated

  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)  IN CALCULATING THE TEN YEAR PERIOD UNDER ITEM (I) OF CLAUSE B OF
SUBPARAGRAPH THREE OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS  SECTION,
ANY  PERIOD  OF  TIME  DURING  WHICH THE PERSON WAS INCARCERATED FOR ANY
REASON BETWEEN THE TIME OF  COMMISSION  OF  THE  PREVIOUS  VIOLATION  OF
SUBDIVISION  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE 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,  AND  THE
TIME OF COMMISSION OF THE PRESENT OFFENSE SHALL BE EXCLUDED AND SUCH TEN
YEAR  PERIOD  SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME
SERVED UNDER SUCH INCARCERATION.
  S 2. 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, 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]
PARAGRAPHS  (A-1), (b) AND (B-1) of this subdivision, a person who oper-
ates a vehicle in violation of subdivision two [or], TWO-A, three,  FOUR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04584-03-1

S. 2597                             2

OR  FOUR-A  of  section  eleven hundred ninety-two of this article after
having been convicted of a violation of  subdivision  two  [or],  TWO-A,
three,  FOUR  OR  FOUR-A of such section within the preceding [five] TEN
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] NOT LESS THAN THIRTY 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] THIRTY days or more pursuant to the provisions
of subdivision one of this section shall be deemed to be  in  compliance
with  this  subdivision.  NOTHING  CONTAINED  IN THIS PARAGRAPH SHALL BE
CONSTRUED TO LIMIT OR PROHIBIT A COURT FROM  IMPOSING  ANY  OTHER  ADDI-
TIONAL PENALTY, CONDITION, LICENSE SUSPENSION OR REVOCATION OR SCREENING
OR ASSESSMENT OF SANCTION OF ANY KIND REQUIRED OR PERMITTED BY LAW.
  (A-1)  A  PERSON  WHO  OPERATES  A VEHICLE IN VIOLATION OF SUBDIVISION
TWO-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER  HAVING
BEEN  CONVICTED  OF A VIOLATION OF SUCH SUBDIVISION WITHIN THE PRECEDING
TEN YEARS SHALL, IN ADDITION TO  ANY  PENALTIES  WHICH  MAY  BE  IMPOSED
PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, BE SENTENCED TO A TERM OF
IMPRISONMENT OF  NOT  LESS  THAN  ONE  HUNDRED  EIGHTY  DAYS.    NOTHING
CONTAINED  IN  THIS  PARAGRAPH SHALL BE CONSTRUED TO LIMIT OR PROHIBIT A
COURT FROM IMPOSING ANY OTHER  ADDITIONAL  PENALTY,  CONDITION,  LICENSE
SUSPENSION  OR  REVOCATION OR SCREENING OR ASSESSMENT OF SANCTION OF ANY
KIND REQUIRED OR PERMITTED BY LAW.
  (b) [A] EXCEPT AS PROVIDED IN PARAGRAPH (B-1) OF THIS  SUBDIVISION,  A
person  who  operates  a  vehicle  in violation of subdivision two [or],
TWO-A, three, FOUR OR FOUR-A 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] SUBDIVISION TWO,  TWO-A,  THREE,
FOUR  OR  FOUR-A  OF  SUCH SECTION within the preceding [five] TEN 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 imprison-
ment of [ten] NOT LESS THAN NINETY days [or, as an alternative  to  such
imprisonment,  be required to perform sixty 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  [ten]  NINETY days or more pursuant to the provisions of subdivision
one of this section shall be deemed to be in compliance with this subdi-
vision. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO  LIMIT
OR  PROHIBIT  A COURT FROM IMPOSING ANY OTHER ADDITIONAL PENALTY, CONDI-
TION, LICENSE SUSPENSION OR REVOCATION OR  SCREENING  OR  ASSESSMENT  OF
SANCTION OF ANY KIND REQUIRED OR PERMITTED BY LAW.
  (B-1)  A  PERSON  WHO  OPERATES  A VEHICLE IN VIOLATION OF SUBDIVISION
TWO-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE AFTER  HAVING
BEEN  CONVICTED OF TWO OR MORE VIOLATIONS OF SUCH SUBDIVISION WITHIN THE
PRECEDING TEN YEARS SHALL, IN ADDITION TO ANY  PENALTIES  WHICH  MAY  BE
IMPOSED  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, BE SENTENCED TO A
TERM OF IMPRISONMENT OF NOT LESS THAN ONE  YEAR.  NOTHING  CONTAINED  IN
THIS  PARAGRAPH  SHALL  BE  CONSTRUED  TO LIMIT OR PROHIBIT A COURT FROM
IMPOSING ANY OTHER ADDITIONAL PENALTY, CONDITION, LICENSE SUSPENSION  OR

S. 2597                             3

REVOCATION  OR  SCREENING OR ASSESSMENT OF SANCTION OF ANY KIND REQUIRED
OR PERMITTED BY LAW.
  (c)  A court sentencing a person WHO HAS BEEN CONVICTED OF OPERATING A
VEHICLE IN VIOLATION OF SUBDIVISION TWO, TWO-A, THREE OR AN  ALCOHOL-RE-
LATED  VIOLATION OF SUBDIVISION FOUR-A OF SECTION ELEVEN HUNDRED NINETY-
TWO OF THIS ARTICLE pursuant to paragraph (a) [or], (A-1), (b) OR  (B-1)
of  this  subdivision  shall:  (i) order the installation of an ignition
interlock 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 para-
graph (b) of subdivision two of this section, and, upon the  termination
of such revocation 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. NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE CONSTRUED TO
LIMIT OR PROHIBIT A COURT FROM IMPOSING ANY  OTHER  ADDITIONAL  PENALTY,
CONDITION,  LICENSE  SUSPENSION OR REVOCATION OR SCREENING OR ASSESSMENT
OF SANCTION OF ANY KIND REQUIRED OR PERMITTED BY LAW.
  (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.
  (E) IN CALCULATING THE TEN YEAR PERIOD UNDER  PARAGRAPHS  (A),  (A-1),
(B)  AND  (B-1) OF THIS SUBDIVISION, ANY PERIOD OF TIME DURING WHICH THE
PERSON WAS INCARCERATED FOR ANY REASON BETWEEN THE TIME OF COMMISSION OF
THE PREVIOUS VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR  FOUR-A
OF SECTION ELEVEN HUNDRED AND NINETY-TWO OF THIS ARTICLE AND THE TIME OF
COMMISSION  OF  THE  PRESENT OFFENSE SHALL BE EXCLUDED AND SUCH TEN YEAR
PERIOD SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME SERVED
UNDER SUCH INCARCERATION.
  S 3. Paragraph (a) of subdivision 1 of section 70.06 of the penal law,
as amended by chapter 410 of the laws of 1979, is  amended  to  read  as
follows:
  (a)  A second felony offender is a person, other than a second violent
felony offender as defined in section 70.04, who stands convicted  of  a
felony  [defined  in this chapter], other than a class A-I felony, after
having previously  been  subjected  to  one  or  more  predicate  felony
convictions as defined in paragraph (b) of this subdivision.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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