senate Bill S848

2013-2014 Legislative Session

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

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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
Jan 09, 2013 referred to transportation

S848 - 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 - 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.

S848 - Sponsor Memo

S848 - Bill 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.

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