senate Bill S7049

2013-2014 Legislative Session

Relates to certain crimes related to the operation of a motor vehicle; repealer

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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
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.474
Apr 21, 2014 referred to codes

Votes

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S7049 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Add §§270.40 & 270.45; amd §125.13, 70.02, 120.03, 120.04 & 120.04-a, Pen L; rpld §511 sub 3 ¶(a) sub¶¶ (iii) & (iv), §1193 sub 2 ¶(b) sub¶ 12 cls (b) - (e)

S7049 - Bill Texts

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Relates to certain crimes related to the operation of a motor vehicle; establishes the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated.

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BILL NUMBER:S7049

TITLE OF BILL: An act to amend the penal law, in relation to
establishing the crimes of persistent aggravated unlicensed operation
of a motor vehicle and persistent driving while intoxicated, to
increase the felony class of certain crimes related to the operation
of a motor vehicle; to amend the vehicle and traffic law, in relation
to certain civil penalties and aggravated unlicensed operation of a
motor vehicle; and to repeal certain provisions of the vehicle and
traffic law relating thereto

Purpose:

To provide additional penalties for persistent offenders of DWI laws
and to establish the crimes of persistent aggravated unlicensed
operation of a motor vehicle and persistent driving while intoxicated
offender.

Summary of Specific Provisions:

§ 1. The penal law is amended by adding new section 270.40 to
establishes the crime of persistent aggravated unlicensed operation of
a motor vehicle which provides that any person guilty of such crime
shall be guilty of a class D felony. This new section of the Penal Law
increases penalties for drivers who habitually operate motor vehicles
with suspended or revoked licenses arising out of alcohol incidents
where the driver previously operated a motor vehicle under the
influence of alcohol.

§ 2. § 511(3)(a)(iii) and § 511(3)(a)(iv) of the vehicle and traffic
law is repealed.

§ 3. The penal law is amended by adding new section 270.45 which
establishes the new crime of persistent driving while intoxicated,
which shall be a class C felony. This new section of the penal law
increases prison sentences and penalties for drivers who are convicted
of habitually operating motor vehicles under the influence of alcohol
and have three or more previous DWI convictions within the last
fifteen years.

§ 4. § 1194(2)(d)(2) of the vehicle and traffic law is amended to
increase the applicable civil penalties and fines.

§ 5. § 511(3)(b) of the vehicle and traffic law is amended to increase
the applicable civil penalties and fines

§ 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
of subdivision 2 of section 1193 of the vehicle and traffic law are
repealed and clause (f) is relettered clause (b).

§ 7. § 125.13 of the penal law is amended to increase vehicular
manslaughter to a class B felony.

§ 8. § 70.02(1)(a) of the penal law is amended to include aggravated
vehicular homicide as a class B violent felony offense.


§ 9. § 120.03 of the penal law is amended to increase vehicular
assault in the second degree from a class E felony, to a class D
felony.

§ 10. § 120.04 of the penal law is amended to increase vehicular
assault in the first degree from a class D felony, to a class C
felony.

§ 11. § 120.04-a of the penal law is amended to increase aggravated
vehicular assault from a class C felony, to a class B felony.

§ 12. Effective date.

Justification:

Driving while intoxicated (DWI) is a serious crime that can result in
grievous injuries or death. Enhanced DWI laws that treat this crime as
a public safety issue are required to protect innocent citizens. This
Bill provides enhanced civil penalties and revocations for repeat DWI
offenders and provides prosecutors with new tools and charges in the
Public Safety chapters of the Penal Law to combat repeated DWI
offenders and those operators of motor vehicles who persistently
operate motor vehicles under license suspension or revocation due to
previous DWI offenses.

The Institute for Traffic Safety Management and Research issued a
report in 2011 indicating that approximately 21.6% of convicted drunk
drivers in New York will re-offend and suffer a subsequent conviction.
As some of the most dangerous drivers on our roads, this tendency of
convicted DWI offenders to re-offend significantly increases the
likelihood that their driving drunk will result in serious injuries or
death to innocent victims.

Stephen Hilyer II, of Waterloo, New York is one such innocent victim.
Mr. Hilyer was struck and killed by a truck driven by John Smith a
multiple convicted DWI offender. Smith had a criminal history that
included 7 arrests for DWI spanning 1977-2006.

This legislation provides significant enhancement of prison sentences
for persistent DWI offenders and additional penalties such as
permanent revocation of license and increased fines. DWI is a crime
that requires these severe penalties for persistent offenders to keep
them off our roads.

Prior Legislative History:

None

Fiscal Implications:

None.

Effective Date:

The first of November next succeeding the date on which it shall
become law. Each conviction qualifying as a predicate, prior offense,


or triggering conviction must take place after the effective date of
this act.

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

                                  7049

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  persistent aggravated unlicensed operation  of  a  motor  vehicle  and
  persistent  driving while intoxicated, to increase the felony class of
  certain crimes related to the operation of a motor vehicle;  to  amend
  the  vehicle  and  traffic law, in relation to certain civil penalties
  and aggravated unlicensed operation of a motor vehicle; and to  repeal
  certain provisions of the vehicle and traffic law relating thereto

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

  Section 1.  The penal law is amended by adding a new section 270.40 to
read as follows:
S 270.40 PERSISTENT AGGRAVATED UNLICENSED OPERATION OF A MOTOR VEHICLE.
  A PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT AGGRAVATED  UNLICENSED
OPERATION  OF  A MOTOR VEHICLE WHEN SUCH PERSON: (1) COMMITS THE OFFENSE
OF AGGRAVATED UNLICENSED OPERATION OF  A  MOTOR  VEHICLE  IN  THE  THIRD
DEGREE  AS  DEFINED IN SUBDIVISION ONE OF SECTION FIVE HUNDRED ELEVEN OF
THE VEHICLE AND TRAFFIC LAW; AND IS  OPERATING  A  MOTOR  VEHICLE  WHILE
UNDER  PERMANENT REVOCATION AS SET FORTH IN SUBPARAGRAPH TWELVE OF PARA-
GRAPH (B) OF SUBDIVISION TWO OF SECTION ELEVEN HUNDRED  NINETY-THREE  OF
THE  VEHICLE  AND  TRAFFIC  LAW;  OR (2) OPERATES A MOTOR VEHICLE UPON A
PUBLIC HIGHWAY WHILE HOLDING A CONDITIONAL LICENSE  ISSUED  PURSUANT  TO
PARAGRAPH  (A) OF SUBDIVISION SEVEN OF SECTION ELEVEN HUNDRED NINETY-SIX
OF THE VEHICLE AND TRAFFIC LAW WHILE UNDER THE INFLUENCE OF ALCOHOL OR A
DRUG IN VIOLATION OF SUBDIVISION ONE, TWO, TWO-A, THREE, FOUR, FOUR-A OR
FIVE OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THE  VEHICLE  AND  TRAFFIC
LAW.
  PERSISTENT  AGGRAVATED  UNLICENSED  OPERATION  OF A MOTOR VEHICLE IS A
CLASS D FELONY.
  S 2. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 3 of
section 511 of the vehicle and traffic law are REPEALED.
  S 3. The penal law is amended by adding a new section 270.45  to  read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14496-03-4

S. 7049                             2

S 270.45 PERSISTENT DRIVING WHILE INTOXICATED.
  A  PERSON IS GUILTY OF THE OFFENSE OF PERSISTENT DRIVING WHILE INTOXI-
CATED WHEN SUCH PERSON OPERATES A VEHICLE IN  VIOLATION  OF  SUBDIVISION
TWO,  TWO-A,  THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO
OF THE VEHICLE AND TRAFFIC  LAW  AFTER  HAVING  BEEN  CONVICTED  OF  ANY
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 OF THIS PART AND
AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THIS PART
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 THIS PART,  ON  THREE  OR  MORE
OCCASIONS,  WITHIN  THE  PRECEDING  FIFTEEN  YEARS OR ANY COMBINATION OF
THREE OR MORE OF THE OFFENSES SET  FORTH  IN  THIS  SECTION  WITHIN  THE
PRECEDING FIFTEEN YEARS.
  PERSISTENT DRIVING WHILE INTOXICATED IS A CLASS C FELONY.
  S  4. Subparagraph 2 of paragraph (d) of subdivision 2 of section 1194
of the vehicle and traffic law, as amended by chapter 732 of the laws of
2006, is amended to read as follows:
  (2) Civil penalties. Except as otherwise provided,  any  person  whose
license,  permit  to  drive,  or any non-resident operating privilege is
revoked pursuant to the provisions of this section shall also be  liable
for a civil penalty in the amount of five hundred dollars except that if
such  revocation  is  a second or subsequent revocation pursuant to this
section issued within a five  year  period,  or  such  person  has  been
convicted  of  a  violation of any subdivision of section eleven hundred
ninety-two of this article within the past five years not arising out of
the same incident, the civil penalty shall be in the  amount  of  [seven
hundred fifty] ONE THOUSAND dollars. Any person whose license is revoked
pursuant  to  the  provisions  of  this  section based upon a finding of
refusal to submit to a chemical test while operating a commercial  motor
vehicle  shall  also be liable for a civil penalty of five hundred fifty
dollars except that if such person has previously  been  found  to  have
refused  a  chemical  test  pursuant  to  this section while operating a
commercial motor vehicle or has a prior conviction of any of the follow-
ing offenses while operating a commercial motor vehicle:  any  violation
of  section  eleven hundred ninety-two of this article; any violation of
subdivision two of section six hundred of this chapter; or has  a  prior
conviction of any felony involving the use of a commercial motor vehicle
pursuant  to  paragraph  (a)  of subdivision one of section five hundred
ten-a of this chapter, then the civil penalty shall  be  [seven  hundred
fifty]  ONE THOUSAND dollars. No new driver's license or permit shall be
issued, or non-resident operating  privilege  restored  to  such  person
unless  such  penalty  has  been  paid.  All  penalties collected by the
department pursuant to the provisions of this section shall be the prop-
erty of the state and shall be paid into the general fund of  the  state
treasury.
  S  5. Paragraph (b) of subdivision 3 of section 511 of the vehicle and
traffic law, as separately amended by chapters 786 and 892 of  the  laws
of 1990, is amended to read as follows:
  (b)  Aggravated  unlicensed  operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted  of  this  crime,
the sentence of the court must be: (i) a fine in an amount not less than
[five hundred] ONE THOUSAND dollars nor more than five thousand dollars;
and  (ii)  a term of imprisonment as provided in the penal law, or (iii)
where appropriate and a term of imprisonment  is  not  required  by  the

S. 7049                             3

penal  law,  a  sentence  of probation as provided in subdivision six of
this section, or (iv) a  term  of  imprisonment  as  a  condition  of  a
sentence of probation as provided in the penal law.
  S 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b)
of  subdivision  2  of  section  1193 of the vehicle and traffic law are
REPEALED and clause (f) is relettered clause (b).
  S 7. The closing paragraph of section 125.13  of  the  penal  law,  as
amended  by  chapter  496  of  the  laws  of 2009, is amended to read as
follows:
  Vehicular manslaughter in the first degree is a class [C] B felony.
  S 8. Paragraph (a) of subdivision 1 of section 70.02 of the penal law,
as amended by chapter 320 of the laws of 2006, is  amended  to  read  as
follows:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section  130.70,  course  of  sexual  conduct
against  a  child  in  the  first  degree  as defined in section 130.75;
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, incest in the first degree as defined in section 255.27,
criminal possession of a weapon  in  the  first  degree  as  defined  in
section 265.04, criminal use of a firearm in the first degree as defined
in  section  265.09,  criminal  sale of a firearm in the first degree as
defined in section 265.13, aggravated assault upon a police officer or a
peace officer as defined in section 120.11, gang assault  in  the  first
degree  as  defined  in section 120.07, AGGRAVATED VEHICULAR HOMICIDE AS
DEFINED IN SECTION 125.14, intimidating a victim or witness in the first
degree as defined in section 215.17, hindering prosecution of  terrorism
in the first degree as defined in section 490.35, criminal possession of
a  chemical  weapon or biological weapon in the second degree as defined
in section 490.40, and criminal use of a chemical weapon  or  biological
weapon in the third degree as defined in section 490.47.
  S  9.  The  closing  paragraph  of section 120.03 of the penal law, as
amended by chapter 732 of the laws  of  2006,  is  amended  to  read  as
follows:
  Vehicular assault in the second degree is a class [E] D felony.
  S  10.  The  closing  paragraph of section 120.04 of the penal law, as
amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
follows:
  Vehicular assault in the first degree is a class [D] C felony.
  S  11.  The closing paragraph of section 120.04-a of the penal law, as
amended by chapter 496 of the laws  of  2009,  is  amended  to  read  as
follows:
  Aggravated vehicular assault is a class [C] B felony.
  S  12.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law.

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