S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6233
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2023
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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 OF THIS ARTICLE, 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.
   §  2. Paragraphs (b) and (c) of subdivision 1 of section 160.10 of the
 criminal procedure law, paragraph (b) as amended by chapter 762  of  the
 laws  of  1971,  paragraph  (c)  as amended by chapter 23 of the laws of
 2021, 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.
   § 3. Section 114-a of the vehicle and traffic law, as amended by chap-
 ter 92 of the laws of 2021, is amended to read as follows:
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09777-01-3
              

 S. 6233                             2

 public health law and cannabis and concentrated cannabis as  defined  in
 section 222.00 of the penal law] ANY DRUG OR IMPAIRING SUBSTANCE.
   § 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.
   § 5. Paragraph (a) of subdivision 3 of section 30.30 of  the  criminal
 procedure  law, as amended by section 1 of part KKK of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) Subdivisions one and two of this section do not apply to a  crimi-
 nal  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.
   § 6. This act shall take effect immediately.