S T A T E O F N E W Y O R K
________________________________________________________________________
7247
2025-2026 Regular Sessions
I N S E N A T E
April 7, 2025
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Introduced by Sens. LANZA, BORRELLO -- 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.
LBD11460-01-5
S. 7247 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.