S T A T E   O F   N E W   Y O R K
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                                  1046

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Codes

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
              

A. 1046                             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.