Assembly Bill A4404

2017-2018 Legislative Session

Relates to driving while intoxicated

download bill text pdf

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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

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2017-A4404 (ACTIVE) - Details

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
2013-2014: A6490
2015-2016: A5766

2017-A4404 (ACTIVE) - Summary

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

2017-A4404 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4404
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 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.
   § 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.
              

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