senate Bill S5338B

2011-2012 Legislative Session

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated

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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
Jun 12, 2012 print number 5338b
amend (t) and recommit to finance
May 15, 2012 print number 5338a
amend and recommit to finance
Jan 30, 2012 reported and committed to finance
Jan 04, 2012 referred to alcoholism and drug abuse
Jun 01, 2011 reported and committed to finance
May 09, 2011 referred to alcoholism and drug abuse

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5338 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §243, Exec L

S5338 - Bill Texts

view summary

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs.

view sponsor memo
BILL NUMBER:S5338

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to enacting "Vince's
law" to increase fines, terms of imprisonment and license conditions for
violations of provisions of law relating to driving while intoxicated
or impaired by drugs; and to repeal certain provisions of such law
relating thereto

PURPOSE:
To enact Vince's law which would increase the criminal penalties for
driving while intoxicated or impaired by drugs, and would
specifically address repeat offenders by increasing fines, terms of
imprisonment and license conditions for persistent drunk drivers.

SUMMARY OF PROVISIONS:
Section 1 creates the law known as Vince's law

Section 2 amends the vehicle and traffic law section 1193. For a first
offense the fine would increase from no less than $500 to no less
than $1000, and would require offenders to receive a conditional
license for 18 months allowing them to drive back and forth to work,
and back and forth to the hospital, doctor, dentist, or emergency
room. A second offense, would result in a felony that would require a
mandatory license revocation of 18 months, a $2500 fine and a
mandatory period of incarceration of six months to one year. After a
third offense and each conviction thereafter, offenders would face a
mandatory license revocation of 7 years, a $5000 fine and a mandatory
incarceration period of 5 to 7 years.

Section 3 repeals subdivision 10 of section 1192 of the vehicle and
traffic law and adds a new subdivision that would impose plea bargain
limitations.

Section 4 Establishes the effective date.

JUSTIFICATION:
In January 2011, 82 year old Vincent Russo was on his way to Sunday
morning mass, when he was critically injured after being struck
head-on by a drunk driver. Tragically, Vince later died from his
injuries. During the ensuing investigation it was revealed that at
the time of the accident, the drunk drivers blood-alcohol count was
found to be four times the legal limit in New York State, and that he
was free awaiting sentencing for a fifth DWI violation that occurred
in November of 2010. Vince's family as well as members of the
community were outraged and wanted to know why a person with five
prior DWI convictions was not already in jail.

Under existing law, judges and the district attorney's office have a
great deal of discretion in imposing sentences on those convicted of
DWI.

DWI is a serious offense and the penalties imposed on these offenders
should reflect the seriousness of this crime. This legislation would
serve to address this issue by implementing harsher penalties for


those convicted of DWI, and would specifically address the issue of
persistent drunk drivers by requiring those convicted of a second DWI
offense and any DWI conviction thereafter to face increased penalties
including a mandatory period of incarceration.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall
become law.

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

                                  5338

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 9, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse

AN  ACT  to  amend  the vehicle and traffic law, in relation to enacting
  "Vince's law" to increase fines, terms  of  imprisonment  and  license
  conditions  for  violations  of  provisions of law relating to driving
  while  intoxicated  or  impaired  by  drugs;  and  to  repeal  certain
  provisions of such law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Vince's law".
  S 2. Paragraphs (b) and (c) of subdivision 1 of section  1193  of  the
vehicle  and traffic law, as amended by chapter 496 of the laws of 2009,
are amended to read as follows:
  (b) 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; misdemeanor
offenses. (i) A violation of subdivision two, three, four or  four-a  of
section eleven hundred ninety-two of this article shall be a misdemeanor
and  shall  be  punishable by a fine of not less than [five hundred] ONE
THOUSAND dollars nor more than one thousand FIVE HUNDRED dollars, or  by
imprisonment  in  a  penitentiary  or  county jail for not more than one
year, or by both such fine and imprisonment. A  violation  of  paragraph
(a)  of  subdivision  two-a of section eleven hundred ninety-two of this
article shall be a misdemeanor and shall be punishable by a fine of  not
less  than  one  thousand FIVE HUNDRED dollars nor more than [two] THREE
thousand [five hundred] dollars or by imprisonment in a penitentiary  or
county  jail for not more than one year, or by both such fine and impri-
sonment.
  (ii) In addition to the imposition of any fine or period of  imprison-
ment  set  forth  in  this paragraph, the court shall also sentence such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11135-01-1

S. 5338                             2

person convicted of a violation of subdivision two, two-a  or  three  of
section  eleven  hundred  ninety-two  of  this  article  to  a period of
probation or conditional discharge, as a condition  of  which  it  shall
order  such  person  to  install  and  maintain,  in accordance with the
provisions of section eleven hundred ninety-eight of  this  article,  an
ignition interlock device in any motor vehicle owned or operated by such
person  during  the  term  of  such  probation  or conditional discharge
imposed for such violation of section eleven hundred ninety-two of  this
article and in no event for less than six months. Provided, however, the
court  may  not authorize the operation of a motor vehicle by any person
whose license or privilege to operate a motor vehicle has  been  revoked
pursuant to the provisions of this section.
  (III) IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
MENT  SET  FORTH  IN  THIS PARAGRAPH, THE COURT SHALL ALSO SENTENCE SUCH
PERSON CONVICTED OF A VIOLATION OF SUBDIVISION TWO, TWO-A  OR  THREE  OF
SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  TO  A PERIOD OF
PROBATION OR CONDITIONAL DISCHARGE, AS A CONDITION  OF  WHICH  IT  SHALL
ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON BE
LIMITED IN ITS SCOPE TO AUTHORIZE SUCH PERSON TO OPERATE A MOTOR VEHICLE
ONLY  FOR  THE  PURPOSES  OF  TRAVELING  TO OR FROM WORK OR TO OR FROM A
HOSPITAL, DOCTOR'S OFFICE,  DENTIST  OFFICE,  EMERGENCY  ROOM  OR  OTHER
LOCATION  WHERE  MEDICAL  SERVICES ARE PROVIDED FOR A PERIOD OF NOT LESS
THAN EIGHTEEN MONTHS. ANY VIOLATION OF THE CONDITIONS SET FORTH IN  THIS
SUBPARAGRAPH  SHALL  RESULT IN THE IMMEDIATE REVOCATION OF SUCH PERSON'S
LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF NOT LESS  THAN  EIGH-
TEEN  MONTHS  FROM  THE  DATE  OF SUCH VIOLATION. PROVIDED, HOWEVER, THE
COURT MAY NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY  ANY  PERSON
WHOSE  LICENSE  OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN REVOKED
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (c) Felony offenses. (i) A  person  who  operates  a  vehicle  (A)  in
violation  of  subdivision  two, two-a, three, four or four-a of section
eleven hundred ninety-two of this article after having been convicted of
a violation of subdivision two, two-a, three, four  or  four-a  of  such
section  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, within the  preceding
ten  years, or (B) in violation of paragraph (b) of subdivision two-a of
section eleven hundred ninety-two of this article shall be guilty  of  a
class  E  felony, and shall be punished by a fine of not less than [one]
TWO thousand FIVE HUNDRED dollars nor more than  five  thousand  dollars
[or]  AND  by a period of imprisonment as provided in the penal law[, or
by both such fine and imprisonment].
  (ii) A person who operates a vehicle in violation of subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article after having been convicted of a violation  of  subdivision
two,  two-a,  three,  four  or  four-a  of  such section 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, twice within the preceding ten years, shall  be  guilty  of  a
class  D  felony, and shall be punished by a fine of not less than [two]

S. 5338                             3

FIVE thousand dollars nor more than ten thousand dollars [or] AND  by  a
period  of  imprisonment  as provided in the penal law, [or by both such
fine and imprisonment] PROVIDED THAT SUCH PERIOD OF  IMPRISONMENT  SHALL
NOT BE LESS THAN FIVE YEARS NOR MORE THAN SEVEN YEARS.
  (iii)  [In  addition to the imposition of any fine or period of impri-
sonment set forth in this paragraph, the court shall also sentence  such
person  convicted  of  a violation of subdivision two, two-a or three of
section eleven hundred  ninety-two  of  this  article  to  a  period  of
probation  or  conditional  discharge,  as a condition of which it shall
order such person to  install  and  maintain,  in  accordance  with  the
provisions  of  section  eleven hundred ninety-eight of this article, an
ignition interlock device in any motor vehicle owned or operated by such
person during the  term  of  such  probation  or  conditional  discharge
imposed  for such violation of section eleven hundred ninety-two of this
article and in no event for a period of less than six months.  Provided,
however, the court may not authorize the operation of a motor vehicle by
any  person  whose  license  or privilege to operate a motor vehicle has
been revoked pursuant to the provisions of this section.] A. IN ADDITION
TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISONMENT  SET  FORTH  IN
SUBPARAGRAPH  (I) OF THIS PARAGRAPH, THE COURT SHALL ALSO ORDER THAT THE
LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON SHALL BE  REVOKED
FOR A PERIOD OF EIGHTEEN MONTHS.
  B.  IN  ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISON-
MENT SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE  COURT  SHALL
ALSO  ORDER  THAT  THE  LICENSE  TO OPERATE A MOTOR VEHICLE HELD BY SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF SEVEN YEARS.
  S 3. Subdivision 10 of section 1192 of the vehicle and traffic law  is
REPEALED and a new subdivision 10 is added to read as follows:
  10.  PLEA  BARGAIN  LIMITATIONS.  IN  ANY CASE WHEREIN THE CHARGE LAID
BEFORE THE COURT ALLEGES A VIOLATION OF SUBDIVISION TWO, THREE, FOUR  OR
FOUR-A  OF  THIS  SECTION,  NO  PLEA OF GUILTY TO A LESSER CHARGE MAY BE
ENTERED IN SATISFACTION OF SUCH CHARGE.
  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.

S5338A - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §243, Exec L

S5338A - Bill Texts

view summary

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs.

view sponsor memo
BILL NUMBER:S5338A

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to enacting "Vince's
law" to increase fines, terms of imprisonment and license conditions for
violations of provisions of law relating to driving while intoxicated
or impaired by drugs; and to repeal certain provisions of such law
relating thereto

PURPOSE:
To enact Vince's law which would increase the criminal penalties for
driving while intoxicated or impaired by drugs, and would
specifically address repeat offenders by increasing fines, terms of
imprisonment and license conditions for persistent drunk drivers.

SUMMARY OF PROVISIONS:
Section 1 creates the law known as Vince's law.

Section 2 amends the vehicle and traffic law section 1193. For a first
offense the fine would increase from no less than $500 to no less
than $1000, and would require offenders to receive a conditional
license for 18 months allowing them to drive back and forth to work,
and back and forth to the hospital, doctor, dentist, or emergency
room. A second offense, would result in a felony that would require a
mandatory license revocation of 18 months, a $2500 fine and a
mandatory period of incarceration of six months to one year. After a
third offense and each conviction thereafter, offenders would face a
mandatory license revocation of 7 years, a $5000 fine and a mandatory
incarceration period of 5 to 7 years.

Section 3 repeals subdivision 10 of section 1192 of the vehicle and
traffic law and adds a new subdivision that would impose plea bargain
limitations.

Section 4 Establishes the effective date.

JUSTIFICATION:
In January 2011, 82 year old Vincent Russo was on his way to Sunday
morning mass, when he was critically injured after being struck
head-on by a drunk driver. Tragically, Vince later died from his
injuries. During the ensuing investigation it was revealed that at
the time of the accident, the drunk drivers blood-alcohol count was
found to be four times the legal limit in New York State, and that he
was free awaiting sentencing for a fifth DWI violation that occurred
in November of 2010. Vince's family as well as members of the
community were outraged and wanted to know why a person with five
prior DWI convictions was not already in jail.

Under existing law, judges and the district attorney's office have a
great deal of discretion in imposing sentences on those convicted of
DWI.

DWI is a serious offense and the penalties imposed on these offenders
should reflect the seriousness of this crime. This legislation would
serve to address this issue by implementing harsher penalties for
those convicted of DWI, and would specifically address the issue of
persistent drunk drivers by requiring those convicted of a second DWI
offense and any DWI conviction thereafter to face increased penalties
including a mandatory period of incarceration.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5338--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 9, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse  -- recommitted to the Committee on Alcoholism and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee  and  committed  to  the  Committee  on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the vehicle and traffic law,  in  relation  to  enacting
  "Vince's  law"  to  increase  fines, terms of imprisonment and license
  conditions for violations of provisions of  law  relating  to  driving
  while  intoxicated  or  impaired  by  drugs;  and  to  repeal  certain
  provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Vince's law".
  S  2.  Paragraphs  (b) and (c) of subdivision 1 of section 1193 of the
vehicle and traffic law, as amended by chapter 496 of the laws of  2009,
are amended to read as follows:
  (b)  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; misdemeanor
offenses.  (i)  A violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than  [five  hundred]  ONE
THOUSAND  dollars nor more than one thousand FIVE HUNDRED dollars, or by
imprisonment in a penitentiary or county jail  for  not  more  than  one
year,  or  by  both such fine and imprisonment. A violation of paragraph
(a) of subdivision two-a of section eleven hundred  ninety-two  of  this
article  shall be a misdemeanor and shall be punishable by a fine of not
less than one thousand FIVE HUNDRED dollars nor more  than  [two]  THREE
thousand  [five hundred] dollars or by imprisonment in a penitentiary or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11135-02-2

S. 5338--A                          2

county jail for not more than one year, or by both such fine and  impri-
sonment.
  (ii)  In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court  shall  also  sentence  such
person  convicted  of  a violation of subdivision two, two-a or three of
section eleven hundred  ninety-two  of  this  article  to  a  period  of
probation  or  conditional  discharge,  as a condition of which it shall
order such person to  install  and  maintain,  in  accordance  with  the
provisions  of  section  eleven hundred ninety-eight of this article, an
ignition interlock device in any motor vehicle owned or operated by such
person during the  term  of  such  probation  or  conditional  discharge
imposed  for such violation of section eleven hundred ninety-two of this
article and in no event for less than six months. Provided, however, the
court may not authorize the operation of a motor vehicle by  any  person
whose  license  or privilege to operate a motor vehicle has been revoked
pursuant to the provisions of this section.
  (III) IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
MENT SET FORTH IN THIS PARAGRAPH, THE COURT  SHALL  ALSO  SENTENCE  SUCH
PERSON  CONVICTED  OF  A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF
SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  TO  A  PERIOD  OF
PROBATION  OR  CONDITIONAL  DISCHARGE,  AS A CONDITION OF WHICH IT SHALL
ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON BE
LIMITED IN ITS SCOPE TO AUTHORIZE SUCH PERSON TO OPERATE A MOTOR VEHICLE
ONLY FOR THE PURPOSES OF TRAVELING TO OR FROM  WORK  OR  TO  OR  FROM  A
HOSPITAL,  DOCTOR'S  OFFICE,  DENTIST  OFFICE,  EMERGENCY  ROOM OR OTHER
LOCATION WHERE MEDICAL SERVICES ARE PROVIDED FOR A PERIOD  OF  NOT  LESS
THAN  EIGHTEEN MONTHS. ANY VIOLATION OF THE CONDITIONS SET FORTH IN THIS
SUBPARAGRAPH SHALL RESULT IN THE IMMEDIATE REVOCATION OF  SUCH  PERSON'S
LICENSE  TO  OPERATE A MOTOR VEHICLE FOR A PERIOD OF NOT LESS THAN EIGH-
TEEN MONTHS FROM THE DATE OF  SUCH  VIOLATION.  PROVIDED,  HOWEVER,  THE
COURT  MAY  NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY ANY PERSON
WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS  BEEN  REVOKED
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (c)  Felony  offenses.  (i)  A  person  who  operates a vehicle (A) in
violation of subdivision two, two-a, three, four or  four-a  of  section
eleven hundred ninety-two of this article after having been convicted of
a  violation  of  subdivision  two, two-a, three, four or four-a of such
section 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, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a  of
section  eleven  hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of not less  than  [one]
TWO  thousand  FIVE  HUNDRED dollars nor more than five thousand dollars
[or] AND by a period of imprisonment as provided in the penal  law[,  or
by both such fine and imprisonment].
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  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

S. 5338--A                          3

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,  twice  within  the preceding ten years, shall be guilty of a
class  D  felony, and shall be punished by a fine of not less than [two]
FIVE thousand dollars nor more than ten thousand dollars [or] AND  by  a
period  of  imprisonment  as provided in the penal law, [or by both such
fine and imprisonment] PROVIDED THAT SUCH PERIOD OF  IMPRISONMENT  SHALL
NOT BE LESS THAN FIVE YEARS NOR MORE THAN SEVEN YEARS.
  (iii) A. In addition to the imposition of any fine or period of impri-
sonment  set forth in this paragraph, the court shall also sentence such
person convicted of a violation of subdivision two, two-a  or  three  of
section  eleven  hundred  ninety-two  of  this  article  to  a period of
probation or conditional discharge, as a condition  of  which  it  shall
order  such  person  to  install  and  maintain,  in accordance with the
provisions of section eleven hundred ninety-eight of  this  article,  an
ignition interlock device in any motor vehicle owned or operated by such
person  during  the  term  of  such  probation  or conditional discharge
imposed for such violation of section eleven hundred ninety-two of  this
article  and in no event for a period of less than six months. Provided,
however, the court may not authorize the operation of a motor vehicle by
any person whose license or privilege to operate  a  motor  vehicle  has
been revoked pursuant to the provisions of this section.
  B.  IN  ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISON-
MENT SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH,  THE  COURT  SHALL
ALSO  ORDER  THAT  THE  LICENSE  TO OPERATE A MOTOR VEHICLE HELD BY SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF EIGHTEEN MONTHS.
  C. IN ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD  OF  IMPRISON-
MENT  SET  FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE COURT SHALL
ALSO ORDER THAT THE LICENSE TO OPERATE A  MOTOR  VEHICLE  HELD  BY  SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF SEVEN YEARS.
  S  3. Subdivision 10 of section 1192 of the vehicle and traffic law is
REPEALED and a new subdivision 10 is added to read as follows:
  10. PLEA BARGAIN LIMITATIONS. IN ANY  CASE  WHEREIN  THE  CHARGE  LAID
BEFORE  THE COURT ALLEGES A VIOLATION OF SUBDIVISION TWO, THREE, FOUR OR
FOUR-A OF THIS SECTION, NO PLEA OF GUILTY TO  A  LESSER  CHARGE  MAY  BE
ENTERED IN SATISFACTION OF SUCH CHARGE.
  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.

S5338B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §243, Exec L

S5338B (ACTIVE) - Bill Texts

view summary

Enacts "Vince's law" to increase fines, terms of imprisonment and license conditions for violations of provisions of law relating to driving while intoxicated or impaired by drugs.

view sponsor memo
BILL NUMBER:S5338B

TITLE OF BILL:
An act
to amend the vehicle and traffic law and the
executive law, in relation to enacting "Vince's
law" to increase fines, terms of imprisonment and license conditions for
violations of provisions of law relating to driving while intoxicated
or impaired by drugs

PURPOSE:
To enact Vince's law which would increase the criminal penalties for
driving while intoxicated or impaired by drugs, and would
specifically address repeat offenders by increasing fines, terms of
imprisonment and license conditions for persistent drunk drivers.

SUMMARY OF PROVISIONS:
Section 1 creates the law known as Vince's law.

Section 2 amends the vehicle and traffic law section 1193. For a first
offense the fine would increase from no less than $500 to no less
than $1000, and would require offenders to receive a conditional
license for 18 months allowing them to drive back and forth to work,
and back and forth to the hospital, doctor, dentist, or emergency
room. A second offense, would result in a felony that would require a
mandatory license revocation of 18 months, a $2500 fine and a
mandatory period of incarceration of six months to one year. After a
third offense and each conviction thereafter, offenders would face a
mandatory license revocation of 7 years, a $5000 fine and a mandatory
incarceration period of 5 to 7 years. It also creates a C Felony
punishable by a fine not less than $10,000 not more than $15,000 and
imprisonment of no more than 15 years.

Section 3 amends section 1193 of the vehicle and traffic law and adds
a new subdivision 1b.

Section 4 amends section 243 of the executive Law by adding a new
subdivision 5.

JUSTIFICATION:
In January 2011, 82 year old Vincent Russo was on his way to Sunday
morning mass, when he was critically injured after being struck
head-on by a drunk driver. Tragically, Vince later died from his
injuries. During the ensuing investigation it was revealed that at
the time of the accident, the drunk drivers blood-alcohol count was
found to be four times the legal limit in New York State, and that he
was free awaiting sentencing for a fifth DWI violation that occurred
in November of 2010. Vince's family as well as members of the
community were outraged and wanted to know why a person with five
prior DWI convictions was not already in jail.

Under existing law, judges and the district attorney's office have a
great deal of discretion in imposing sentences on those convicted of
DWI.

DWI is a serious offense and the penalties imposed on these offenders
should reflect the seriousness of this crime. This legislation would
serve to address this issue by implementing harsher penalties for
those convicted of DWI, and would specifically address the issue of
persistent drunk drivers by requiring those convicted of a second DWI
offense and any DWI conviction thereafter to face increased penalties
including a mandatory period of incarceration.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall
become law.

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

                                 5338--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 9, 2011
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Alcoholism  and  Drug
  Abuse  -- recommitted to the Committee on Alcoholism and Drug Abuse in
  accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
  committee  and  committed  to  the  Committee  on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the vehicle and traffic law and the executive law, in
  relation to enacting "Vince's law" to increase fines, terms of  impri-
  sonment  and  license  conditions  for violations of provisions of law
  relating to driving while intoxicated or impaired by drugs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Vince's law".
  S  2.  Paragraphs  (b) and (c) of subdivision 1 of section 1193 of the
vehicle and traffic law, as amended by chapter 496 of the laws of  2009,
are amended to read as follows:
  (b)  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; misdemeanor
offenses.  (i)  A violation of subdivision two, three, four or four-a of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than  [five  hundred]  ONE
THOUSAND  dollars nor more than one thousand FIVE HUNDRED dollars, or by
imprisonment in a penitentiary or county jail  for  not  more  than  one
year,  or  by  both such fine and imprisonment. A violation of paragraph
(a) of subdivision two-a of section eleven hundred  ninety-two  of  this
article  shall be a misdemeanor and shall be punishable by a fine of not
less than one thousand FIVE HUNDRED dollars nor more  than  [two]  THREE
thousand  [five hundred] dollars or by imprisonment in a penitentiary or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11135-04-2

S. 5338--B                          2

county jail for not more than one year, or by both such fine and  impri-
sonment.
  (ii)  In addition to the imposition of any fine or period of imprison-
ment set forth in this paragraph, the court  shall  also  sentence  such
person  convicted  of  a violation of subdivision two, two-a or three of
section eleven hundred  ninety-two  of  this  article  to  a  period  of
probation  or  conditional  discharge,  as a condition of which it shall
order such person to  install  and  maintain,  in  accordance  with  the
provisions  of  section  eleven hundred ninety-eight of this article, an
ignition interlock device in any motor vehicle owned or operated by such
person during the  term  of  such  probation  or  conditional  discharge
imposed  for such violation of section eleven hundred ninety-two of this
article and in no event for less than six months. Provided, however, the
court may not authorize the operation of a motor vehicle by  any  person
whose  license  or privilege to operate a motor vehicle has been revoked
pursuant to the provisions of this section.
  (III) IN ADDITION TO THE IMPOSITION OF ANY FINE OR PERIOD OF IMPRISON-
MENT SET FORTH IN THIS PARAGRAPH, THE COURT  SHALL  ALSO  SENTENCE  SUCH
PERSON  CONVICTED  OF  A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF
SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  ARTICLE  TO  A  PERIOD  OF
PROBATION  OR  CONDITIONAL  DISCHARGE,  AS A CONDITION OF WHICH IT SHALL
ORDER THAT THE LICENSE TO OPERATE A MOTOR VEHICLE HELD BY SUCH PERSON BE
LIMITED IN ITS SCOPE TO AUTHORIZE SUCH PERSON TO OPERATE A MOTOR VEHICLE
ONLY FOR THE PURPOSES OF TRAVELING TO OR FROM  WORK  OR  TO  OR  FROM  A
HOSPITAL,  DOCTOR'S  OFFICE,  DENTIST  OFFICE,  EMERGENCY  ROOM OR OTHER
LOCATION WHERE MEDICAL SERVICES ARE PROVIDED FOR A PERIOD  OF  NOT  LESS
THAN  EIGHTEEN MONTHS. ANY VIOLATION OF THE CONDITIONS SET FORTH IN THIS
SUBPARAGRAPH SHALL RESULT IN THE IMMEDIATE REVOCATION OF  SUCH  PERSON'S
LICENSE  TO  OPERATE A MOTOR VEHICLE FOR A PERIOD OF NOT LESS THAN EIGH-
TEEN MONTHS FROM THE DATE OF  SUCH  VIOLATION.  PROVIDED,  HOWEVER,  THE
COURT  MAY  NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY ANY PERSON
WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS  BEEN  REVOKED
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (c)  Felony  offenses.  (i)  A  person  who  operates a vehicle (A) in
violation of subdivision two, two-a, three, four or  four-a  of  section
eleven hundred ninety-two of this article after having been convicted of
a  violation  of  subdivision  two, two-a, three, four or four-a of such
section 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, within the preceding
ten years, or (B) in violation of paragraph (b) of subdivision two-a  of
section  eleven  hundred ninety-two of this article shall be guilty of a
class E felony, and shall be punished by a fine of not less  than  [one]
TWO  thousand  FIVE  HUNDRED dollars nor more than five thousand dollars
[or] AND by a period of imprisonment as provided in the penal  law[,  or
by both such fine and imprisonment].
  (ii)  A person who operates a vehicle in violation of subdivision two,
two-a, three, four or four-a of section  eleven  hundred  ninety-two  of
this  article  after having been convicted of a violation of subdivision
two, two-a, three, four or  four-a  of  such  section  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

S. 5338--B                          3

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,  twice  within  the preceding ten years, shall be guilty of a
class  D  felony, and shall be punished by a fine of not less than [two]
FIVE thousand dollars nor more than ten thousand dollars [or] AND  by  a
period  of  imprisonment  as provided in the penal law, [or by both such
fine and imprisonment] PROVIDED THAT SUCH PERIOD OF  IMPRISONMENT  SHALL
NOT BE LESS THAN FIVE YEARS NOR MORE THAN SEVEN YEARS.
  (II-A)  A  PERSON  WHO  OPERATES A VEHICLE IN VIOLATION OF SUBDIVISION
TWO, 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
ANY COMBINATION OF A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR OR
FOUR-A OF SUCH SECTION OR OF VEHICULAR ASSAULT IN THE  SECOND  OR  FIRST
DEGREE,  AS  DEFINED,  RESPECTIVELY,  IN  SECTIONS  120.03 AND 120.04 AN
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, WITHIN  THE
PRECEDING  TEN  YEARS, SHALL BE GUILTY OF A CLASS C FELONY, AND SHALL BE
PUNISHED BY A FINE OF NOT LESS THAN TEN THOUSAND DOLLARS NOR  MORE  THAN
FIFTEEN THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT OF NOT MORE THAN
FIFTEEN YEARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
  (iii) A. In addition to the imposition of any fine or period of impri-
sonment  set forth in this paragraph, the court shall also sentence such
person convicted of a violation of subdivision two, two-a  or  three  of
section  eleven  hundred  ninety-two  of  this  article  to  a period of
probation or conditional discharge, as a condition  of  which  it  shall
order  such  person  to  install  and  maintain,  in accordance with the
provisions of section eleven hundred ninety-eight of  this  article,  an
ignition interlock device in any motor vehicle owned or operated by such
person  during  the  term  of  such  probation  or conditional discharge
imposed for such violation of section eleven hundred ninety-two of  this
article  and in no event for a period of less than six months. Provided,
however, the court may not authorize the operation of a motor vehicle by
any person whose license or privilege to operate  a  motor  vehicle  has
been revoked pursuant to the provisions of this section.
  B.  IN  ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISON-
MENT SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH,  THE  COURT  SHALL
ALSO  ORDER  THAT  THE  LICENSE  TO OPERATE A MOTOR VEHICLE HELD BY SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF EIGHTEEN MONTHS.
  C. IN ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD  OF  IMPRISON-
MENT  SET  FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE COURT SHALL
ALSO ORDER THAT THE LICENSE TO OPERATE A  MOTOR  VEHICLE  HELD  BY  SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF SEVEN YEARS.
  D.  IN  ADDITION TO THE IMPOSITION OF ANY FINE AND PERIOD OF IMPRISON-
MENT SET FORTH IN SUBPARAGRAPH (II-A) OF THIS PARAGRAPH, THE COURT SHALL
ALSO ORDER THAT THE LICENSE TO OPERATE A  MOTOR  VEHICLE  HELD  BY  SUCH
PERSON SHALL BE REVOKED FOR A PERIOD OF TEN YEARS.
  S  3. Section 1193 of the vehicle and traffic law is amended by adding
a new subdivision 1-b to read as follows:
  1-B. ALCOHOL AND CONTROLLED SUBSTANCE MONITORING. (A) IN  ADDITION  TO
ANY  OTHER  SANCTIONS  PROVIDED  BY  THIS  SECTION, THE COURT SHALL UPON
CONVICTION OF A PERSON OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE
OF SECTION ELEVEN HUNDRED  NINETY-TWO  OF  THIS  ARTICLE,  OR  VEHICULAR
ASSAULT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL
LAW, OR VEHICULAR ASSAULT IN THE FIRST  DEGREE  AS  DEFINED  IN  SECTION

S. 5338--B                          4

120.04  OF  THE PENAL LAW, OR AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN
SECTION 120.04-A OF THE PENAL LAW,  OR  VEHICULAR  MANSLAUGHTER  IN  THE
SECOND  DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, OR VEHICU-
LAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14
OF  THE  PENAL LAW, WHEN SUCH COURT SENTENCES SUCH PERSON TO A PERIOD OF
PROBATION, MAKE A CONDITION OF SUCH PROBATION THE WEARING  OF  A  SECURE
CONTINUOUS  REMOTE ALCOHOL MONITOR FOR THE DETECTION OF THE USE OF ALCO-
HOL OR A CONTROLLED SUBSTANCE BY THE SENTENCED PERSON; PROVIDED,  HOWEV-
ER,  SUCH  COURT SHALL NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY
ANY SUCH PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE  A  MOTOR  VEHICLE
HAS BEEN SUSPENDED OR REVOKED.
  (B) A COURT SHALL CONDITION ANY BOND OR PRE-TRIAL RELEASE FOR A CHARGE
OF  ANY OF THE OFFENSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION UPON
THE WEARING OF A SECURE  CONTINUOUS  REMOTE  ALCOHOL  MONITOR,  AND  THE
PAYMENT  OF  THE  ASSOCIATED  COSTS AND EXPENSES. FURTHERMORE, THE COURT
SHALL CONDITION  THE  SUSPENDED  IMPOSITION  OF  SENTENCE  OR  SUSPENDED
EXECUTION  OF SENTENCE UPON SUCH WEARING, AND THE PAYMENT OF THE ASSOCI-
ATED COSTS AND EXPENSES. A COURT MAY WAIVE A FINE OR  BOND  IN  LIEU  OF
PARTICIPATION  IN THE ALCOHOL AND CONTROLLED SUBSTANCE MONITORING ESTAB-
LISHED PURSUANT TO THIS SUBDIVISION. IN ADDITION, A COURT MAY WAIVE  THE
PAYMENT  OF  THE  ASSOCIATED  COST AND EXPENSE OF SUCH PROGRAM WHERE THE
PROBATIONER OR DEFENDANT MEETS THE ELIGIBILITY REQUIREMENTS FOR A PUBLIC
DEFENDER.
  (C) THE FAILURE OF ANY PERSON TO COMPLY WITH THE REQUIREMENTS  OF  THE
ALCOHOL  AND CONTROLLED SUBSTANCE MONITORING PROGRAM SHALL RESULT IN THE
ISSUANCE OF A REVOCATION ORDER. NO PROVISION OF THIS  SUBDIVISION  SHALL
AUTHORIZE  A  COURT  TO SENTENCE ANY PERSON TO A PERIOD OF PROBATION FOR
SUBJECTING HIM OR HER TO THE PROGRAM ESTABLISHED  BY  THIS  SUBDIVISION,
UNLESS SUCH PERSON WOULD OTHERWISE HAVE BEEN ELIGIBLE TO BE SENTENCED TO
PROBATION.
  (D)  EVERY PERSON SENTENCED PURSUANT TO THIS SUBDIVISION SHALL PROVIDE
PROOF OF COMPLIANCE TO THE SENTENCING COURT IN SUCH MANNER AND  AT  SUCH
TIMES AS THE COURT SHALL REQUIRE.
  (E)  ALL  COSTS  AND  EXPENSES  COLLECTED PURSUANT TO THIS SUBDIVISION
SHALL BE PAID IN THE TREASURY OF THE COUNTY OR CITY  OF  NEW  YORK,  THE
PROCEEDS  OF  WHICH  SHALL  BE  USED SOLELY FOR THE PURPOSE OF DEFRAYING
RECURRING  COSTS  INCLUDING  MAINTAINING  EQUIPMENT,   FUNDING   SUPPORT
SERVICES AND ENSURING COMPLIANCE.
  S  4.  Section  243  of  the  executive law is amended by adding a new
subdivision 5 to read as follows:
  5. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE  ADMIN-
ISTRATION  OF  ALCOHOL  AND  CONTROLLED SUBSTANCE MONITORING PURSUANT TO
SUBDIVISION ONE-B OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE  VEHICLE
AND TRAFFIC LAW. SUCH RULES AND REGULATIONS SHALL:
  (A)  PROVIDE  FOR  PROCEDURES AND APPARATUS FOR TESTING THE ELECTRONIC
MONITORING DEVICES;
  (B) SET PARTICIPATION AND USER FEES, PROVIDED,  THAT  SUCH  USER  FEES
SHALL  NOT BE LESS THAN THE PRO RATA COST OF THE PURCHASE AND USE OF THE
SECURE CONTINUOUS REMOTE ALCOHOL MONITOR; AND
  (C) REQUIRE  THE  SUBMISSION  OF  REPORTS  AND  INFORMATION  BY  LOCAL
PROBATION DEPARTMENTS.
  S 5. 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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