senate Bill S848

2013-2014 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

S848 - Bill Details

Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1192, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3367
2009-2010: S1804

S848 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S848

TITLE OF BILL:
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

PURPOSE:
This bill would preclude plea bargaining from DWI to DWAI, or from
DWAI to a non-alcohol offense, for offenders who have been convicted
of DWI or DWAI within the previous ten years.

SUMMARY OF PROVISIONS:
Amends §1192(10) of the Vehicle and Traffic Law to preclude plea
bargains from DWI to DWAI or from DWAI to any non-alcohol offense
when the person has previously been convicted of DWI or DWAI within
ten years.

JUSTIFICATION:
New York State currently has a provision prohibiting plea bargaining
to a non-alcohol offense for offenders charged with DWI. This
prohibition has been very successful in ensuring that such offenders'
records more accurately reflect the alcohol-involved nature of the
offense. Plea bargaining should be further curtailed for certain
repeat offenders' under current law, offenders may continually plead
to DWAI from a DWI charge and to non-alcohol related offenses from a
DWAI charge. An individual previously charged with DWAI but who was
allowed to plead guilty to a non-alcohol related charge, for example,
at present will not be identified or punished as a repeat offender
upon rearrest. Existing "loopholes" in the law should be closed by
precluding plea bargaining from DWI to DWAI and from DWAI to a
non-alcohol offense for offenders with a previous DWI or DWAI
conviction within ten years.

LEGISLATIVE HISTORY:
2011-12: S.3367/A.6196 - Died in Transportation
2009-10: S.1804 - Referred to Transportation

FISCAL IMPLICATIONS:
An anticipated increase in fine revenues.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                   848

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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.
                                                           LBD02841-01-3

S. 848                              2

THIS  SECTION  AND  NO  OTHER DISPOSITION 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.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.