senate Bill S4267

2013-2014 Legislative Session

Enacts "Vince's law" to extend the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony and increases penalties by one felony class

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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 08, 2014 referred to transportation
returned to senate
died in assembly
May 06, 2013 referred to transportation
delivered to assembly
passed senate
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.344
Mar 18, 2013 referred to transportation

Votes

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Co-Sponsors

S4267 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §70.06, Pen L

S4267 - Bill Texts

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Enacts "Vince's law"; extends the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony; increases driving while intoxicated felonies by one class.

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BILL NUMBER:S4267

TITLE OF BILL: An act to amend the vehicle and traffic law and the
penal law, in relation to enacting "Vince's law"

PURPOSE: To enact Vince's law to extend the period of time in which
multiple driving while intoxicated convictions can occur in order to
be a felony and increase penalties by one felony class.

SUMMARY OF PROVISIONS:

Section 1- creates the law known as Vince's law

Section 2 - Subparagraphs (i) and (ii) of paragraph (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 and a new subparagraph
(ii-a) is added.

Section 3 - Amends paragraph (a) of subdivision 1 of section 70.06 of
the penal law, as amended by Chapter 410 of the laws of 1979.

Section 4 - 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 and tragically, died from his
injuries. It was later discovered that at the time of the accident,
the drivers blood-alcohol count was 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 and
community members were outraged and asked why a person with five prior
DWI convictions had not been incarcerated.

Under current 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 each
DWI conviction. This would address the issue of persistent drunk
drivers by requiring those convicted of subsequent DWI offenses to
face increased penalties including a mandatory period of
incarceration.

LEGISLATIVE HISTORY: 2011-12 - S.5338

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
________________________________________________________________________

                                  4267

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 18, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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 enacting "Vince's law"

  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. Subparagraphs (i) and (ii) of paragraph (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 and a new subparagraph (ii-a) is  added
to read as follows:
  (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 subdivi-
sion 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]  TWENTY-FIVE  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  thousand  dollars
nor  more  than  five thousand dollars or 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07265-03-3

S. 4267                             2

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] TWENTY-FIVE years, shall be
guilty of a class D felony, and shall be punished by a fine of not  less
than  two  thousand  dollars  nor more than ten thousand dollars or by a
period of imprisonment as provided in the penal law,  or  by  both  such
fine and imprisonment.
  (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 OF A VIOLATION OF SUBDIVI-
SION 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,  THREE  OR MORE TIMES WITHIN THE PRECEDING TWENTY-FIVE YEARS,
SHALL BE GUILTY OF A CLASS C FELONY, AND SHALL BE PUNISHED BY A FINE  OF
NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS OR
BY  A  PERIOD  OF  IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH
SUCH FINE AND IMPRISONMENT.
  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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