S T A T E O F N E W Y O R K
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2629
2019-2020 Regular Sessions
I N A S S E M B L Y
January 24, 2019
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Introduced by M. of A. GANTT -- read once and referred to the Committee
on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the penal-
ties for operating a motor vehicle while under the influence of alco-
hol or drugs
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 1193 of the vehi-
cle and traffic law, as amended by chapter 75 of the laws of 1994, is
amended to read as follows:
(a) Driving while ability impaired. A violation of subdivision one of
section eleven hundred ninety-two of this article shall be a traffic
infraction and shall be punishable by a fine of not less than three
hundred dollars nor more than five hundred dollars or by imprisonment in
a penitentiary or county jail for not more than fifteen days, or by both
such fine and imprisonment. A person who operates a vehicle in violation
of such subdivision after having been convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article within
the preceding five years shall be GUILTY OF A MISDEMEANOR, AND SHALL BE
punished by a fine of not less than [five] SEVEN hundred FIFTY dollars
nor more than [seven hundred fifty] ONE THOUSAND dollars, or by impri-
sonment of not more than [thirty] NINETY days in a penitentiary or coun-
ty jail or by both such fine and imprisonment. A person who operates a
vehicle in violation of such subdivision after having been convicted two
or more times of a violation of any subdivision of section eleven
hundred ninety-two of this article within the preceding ten years shall
be guilty of a misdemeanor, and shall be punished by a fine of not less
than [seven hundred fifty] ONE THOUSAND dollars nor more than [fifteen
hundred] TWO THOUSAND dollars, or by imprisonment of not more than one
hundred eighty days in a penitentiary or county jail or by both such
fine and imprisonment.
§ 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00147-01-9