NY State Senate Bill 2015-S5896

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to codes
Jun 10, 2015	referred to rules

2015-S5896 (ACTIVE) - Details

See Assembly Version of this Bill:: A1046
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.06, Pen L; amd §160.10 & 30.30, CP L; amd §§114-a & 1193, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9296
2017-2018: S4394, A4855
2019-2020: S798, A1257
2021-2022: S4298, A1551
2023-2024: S6233
2025-2026: S7247

2015-S5896 (ACTIVE) - Summary

Relates to repeat offenders of driving accidents; relates to driving while ability is impaired by drugs; relates to speedy trials and certain vehicular crimes.

2015-S5896 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5896

TITLE OF BILL:  An act to amend the penal law and the criminal
procedure law, in relation to repeat offenders of driving accidents;
to amend the vehicle and traffic law, in relation to drugged driving;
and to amend the criminal procedure law, in relation to speedy trials
and certain vehicular crimes

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to update
the vehicle and traffic laws by permitting prosecutors to secure
better decisions against repeat offenders of traffic laws.

SUMMARY OF SPECIFIC PROVISIONS:

Section one 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 two amends paragraph 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.

Section three amends section 114-a of the vehicle and traffic law, as
added by chapter 163 of the laws of 1973.

Section four amends paragraph e of subdivision 2 of section 1193 of
the vehicle and traffic law by adding a new subparagraph 8.

Section five amends paragraph a of subdivision 3 of section 30.30 of
the criminal procedure law, as amended by chapter 93 of the laws of
2006.

Section six sets forth the effective date.

JUSTIFICATION: Each year, roughly 4,000 people are seriously injured
and more than 250 people are killed in traffic collisions in New York
City. Far too many families are suffering needlessly as a result of
dangerous and reckless drivers who should not be on the roads.

Though some collisions are the result of human error, many are caused
by dangerous and reckless drivers. Prosecution of dangerous and
reckless drivers are hampered by out-of-date laws that do not provide
prosecutors with the tools necessary to gather critical evidence in a
timely manner and secure convictions that act as a deterrent. This
legislation will ensure that prosecutors in New York State have the
ability to get reckless and dangerous drivers off the road.

PRIOR LEGISLATIVE HISTORY: A.9296 of 2013-2014

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None to the
State.

EFFECTIVE DATE: This act shall take effect immediately.

2015-S5896 (ACTIVE) - Bill Text download pdf

                            
                    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.

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Senate Bill S5896

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2015-S5896 (ACTIVE) - Details

2015-S5896 (ACTIVE) - Summary

2015-S5896 (ACTIVE) - Sponsor Memo

2015-S5896 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2015-S5896 (ACTIVE) - Details

2015-S5896 (ACTIVE) - Summary

2015-S5896 (ACTIVE) - Sponsor Memo

2015-S5896 (ACTIVE) - Bill Text download pdf

Comments