Senate Bill S3367

2011-2012 Legislative Session

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Transportation Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2011-S3367 (ACTIVE) - Details

See Assembly Version of this Bill:
A6196
Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Other Legislative Sessions:
2009-2010: S1804, A4243
2013-2014: S848
2015-2016: S527
2017-2018: S2835
2019-2020: S4884

2011-S3367 (ACTIVE) - Summary

Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders by precluding the plea to a lesser offense where the offender has been convicted of a driving while under the influence of drugs or alcohol offense within the previous 10 years.

2011-S3367 (ACTIVE) - Sponsor Memo

2011-S3367 (ACTIVE) - Bill Text download pdf 

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

                                  3367

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sens. JOHNSON, GOLDEN, GRIFFO, LARKIN, LAVALLE, MARTINS,
  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 limiting
  options for plea bargaining  for  certain  repeat  driving  under  the
  influence of alcohol or drugs offenders

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

  Section 1. Subdivision 10 of section 1192 of the vehicle  and  traffic
law  is  amended  by  adding  two  new paragraphs (e) and (f) to read as
follows:
  (E) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE  THE  COURT  ALLEGES  A
VIOLATION  OF  SUBDIVISION ONE OF THIS SECTION AND THE PERSON SO CHARGED
HAS BEEN CONVICTED OF A VIOLATION OF ANY  SUBDIVISION  OF  THIS  SECTION
WITHIN THE PRECEDING TEN YEARS, ANY PLEA OF GUILTY THEREAFTER ENTERED IN
SATISFACTION  OF  SUCH  CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO
THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION AND NO OTHER  DISPOSI-
TION  BY  PLEA  OF  GUILTY  TO  ANY OTHER CHARGE IN SATISFACTION OF SUCH
CHARGE SHALL BE AUTHORIZED, PROVIDED, HOWEVER, IF THE DISTRICT  ATTORNEY
UPON  REVIEWING  THE  AVAILABLE EVIDENCE DETERMINES THAT THE CHARGE OF A
VIOLATION OF THIS SECTION IS NOT WARRANTED, SUCH DISTRICT  ATTORNEY  MAY
CONSENT,  AND  THE  COURT  MAY  ALLOW A DISPOSITION BY PLEA OF GUILTY TO
ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE; PROVIDED, HOWEVER, IN ALL
SUCH CASES, THE COURT SHALL SET FORTH UPON THE RECORD THE BASIS FOR SUCH
DISPOSITION.
  (F) IN ANY CASE WHEREIN THE CHARGE LAID BEFORE  THE  COURT  ALLEGES  A
VIOLATION  OF  SUBDIVISION  TWO,  THREE  OR FOUR OF THIS SECTION AND THE
PERSON SO CHARGED HAS BEEN CONVICTED OF A VIOLATION OF  ANY  SUBDIVISION
OF  THIS  SECTION  WITHIN  THE  PRECEDING  TEN YEARS, ANY PLEA OF GUILTY
THEREAFTER ENTERED IN SATISFACTION OF SUCH CHARGE MUST INCLUDE AT  LEAST
A  PLEA OF GUILTY TO THE PROVISIONS OF SUBDIVISION TWO, THREE OR FOUR OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07072-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.