Assembly Bill A5766

2015-2016 Legislative Session

Relates to driving while intoxicated

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-A5766 (ACTIVE) - Details

See Senate Version of this Bill:
S4220
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §70.06, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5349, S2597
2013-2014: A6490, S750
2017-2018: A4404

2015-A5766 (ACTIVE) - Summary

Relates to driving while intoxicated; imposes further penalties upon persons who operate a vehicle while under the influence of alcohol or drugs.

2015-A5766 (ACTIVE) - Bill Text download pdf

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

                                  5766

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Transportation

AN  ACT  to  amend  the  vehicle  and  traffic law and the penal law, in
  relation to driving while intoxicated

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 1 of section 1193 of the vehi-
cle and traffic law is amended by adding a new subparagraph (iv) to read
as follows:
  (IV)  IN CALCULATING THE TEN YEAR PERIOD UNDER ITEM (I) OF CLAUSE B OF
SUBPARAGRAPH THREE OF PARAGRAPH (E) OF SUBDIVISION TWO OF THIS  SECTION,
ANY  PERIOD  OF  TIME  DURING  WHICH THE PERSON WAS INCARCERATED FOR ANY
REASON BETWEEN THE TIME OF  COMMISSION  OF  THE  PREVIOUS  VIOLATION  OF
SUBDIVISION  TWO, TWO-A, THREE, FOUR OR FOUR-A OF SECTION ELEVEN HUNDRED
NINETY-TWO OF THIS ARTICLE OR OF VEHICULAR  ASSAULT  IN  THE  SECOND  OR
FIRST  DEGREE,  AS  DEFINED, RESPECTIVELY, IN SECTIONS 120.03 AND 120.04
AND AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A  OF  THE
PENAL LAW OR OF VEHICULAR MANSLAUGHTER IN THE SECOND OR FIRST DEGREE, AS
DEFINED,  RESPECTIVELY,  IN  SECTIONS  125.12  AND 125.13 AND AGGRAVATED
VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF  SUCH  LAW,  AND  THE
TIME OF COMMISSION OF THE PRESENT OFFENSE SHALL BE EXCLUDED AND SUCH TEN
YEAR  PERIOD  SHALL BE EXTENDED BY A PERIOD OR PERIODS EQUAL TO THE TIME
SERVED UNDER SUCH INCARCERATION.
  S 2. Subdivision 1-a of section 1193 of the vehicle and  traffic  law,
as added by chapter 691 of the laws of 2002, paragraph (c) as amended by
chapter  669  of the laws of 2007, paragraph (d) as added by chapter 732
of the laws of 2006, is amended to read as follows:
  1-a. Additional penalties. (a) Except as provided for  in  [paragraph]
PARAGRAPHS  (A-1), (b) AND (B-1) of this subdivision, a person who oper-
ates a vehicle in violation of subdivision two [or], TWO-A, three,  FOUR
OR  FOUR-A  of  section  eleven hundred ninety-two of this article after

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03102-01-5
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.