S T A T E O F N E W Y O R K
________________________________________________________________________
5896
2015-2016 Regular Sessions
I N S E N A T E
June 10, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the penal law and the criminal procedure law, in
relation to repeat offenders of driving accidents; to amend the vehi-
cle and traffic law, in relation to drugged driving; and to amend the
criminal procedure law, in relation to speedy trials and certain
vehicular crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 OR IN THE VEHICLE AND TRAFFIC LAW, 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 2. Paragraphs (b) and (c) of subdivision 1 of section 160.10 of the
criminal procedure law, as amended by chapter 762 of the laws of 1971,
are amended to read as follows:
(b) A misdemeanor defined in the penal law OR THE VEHICLE AND TRAFFIC
LAW; or
(c) A misdemeanor defined outside the penal law OR THE VEHICLE AND
TRAFFIC LAW which would constitute a felony if such person had a previ-
ous judgment of conviction for a crime; or
S 3. Section 114-a of the vehicle and traffic law, as added by chapter
163 of the laws of 1973, is amended to read as follows:
S 114-a. Drug. The term "drug" when used in this chapter, means [and
includes any substance listed in section thirty-three hundred six of the
public health law] ANY DRUG OR IMPAIRING SUBSTANCE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04301-01-5
S. 5896 2
S 4. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and
traffic law is amended by adding a new subparagraph 8 to read as
follows:
(8) SUSPENSION PENDING PROSECUTION; DRUG IMPAIRMENT. EXCEPT AS
PROVIDED IN CLAUSE A-1 OF SUBPARAGRAPH SEVEN OF THIS PARAGRAPH, A COURT
SHALL SUSPEND A DRIVER'S LICENSE, PENDING PROSECUTION, OF ANY PERSON
CHARGED WITH A VIOLATION OF SUBDIVISION FOUR OR FOUR-A OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THIS ARTICLE WHO, AT THE TIME OF ARREST, IS
ALLEGED TO HAVE BEEN ABILITY IMPAIRED BY DRUGS.
S 5. Paragraph (a) of subdivision 3 of section 30.30 of the criminal
procedure law, as amended by chapter 93 of the laws of 2006, is amended
to read as follows:
(a) Subdivisions one and two do not apply to a criminal action wherein
the defendant is accused of an offense defined in sections 125.10,
125.12, 125.13, 125.14, 125.15, 125.20, 125.25, 125.26 and 125.27 of the
penal law.
S 6. This act shall take effect immediately.