Bill Text: NY A00894 | 2017-2018 | General Assembly | Introduced
Bill Title: Increases the criminal penalties and fines for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and further increases penalties for aggravated unlicensed operation of a vehicle in the first and second degrees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to transportation [A00894 Detail]
Download: New_York-2017-A00894-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 894 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ 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 increasing the criminal penalties for driving while ability impaired and driving while intoxicated or while ability impaired by drugs and increasing the penalties for aggravated unlicensed operation of a vehicle in the first and second degrees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1193 of the vehicle and traffic 2 law, as added by chapter 47 of the laws of 1988, paragraph (a) as 3 amended by chapter 75 of the laws of 1994, paragraphs (b) and (c) as 4 amended by chapter 169 of the laws of 2013, subparagraph (ii-a) of para- 5 graph (c) as added by chapter 191 of the laws of 2014, paragraph (d) as 6 amended by chapter 732 of the laws of 2006, paragraph (f) as added by 7 chapter 714 of the laws of 1990 and paragraph (g) as amended by section 8 57 of part A of chapter 56 of the laws of 2010, is amended to read as 9 follows: 10 1. Criminal penalties. (a) Driving while ability impaired. A violation 11 of subdivision one of section eleven hundred ninety-two of this article 12 shall be a traffic infraction and shall be punishable by a fine of not 13 less than [three] five hundred dollars nor more than [five] seven 14 hundred fifty dollars or by imprisonment in a penitentiary or county 15 jail for not more than fifteen days, or by both such fine and imprison- 16 ment. A person who operates a vehicle in violation of such subdivision 17 after having been convicted of a violation of any subdivision of section 18 eleven hundred ninety-two of this article within the preceding five 19 years shall be punished by a fine of not less than [five] seven hundred 20 fifty dollars nor more than [seven hundred fifty] one thousand dollars, 21 or by imprisonment of not more than thirty days in a penitentiary or 22 county jail or by both such fine and imprisonment. A person who operates EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01428-01-7A. 894 2 1 a vehicle in violation of such subdivision after having been convicted 2 two or more times of a violation of any subdivision of section eleven 3 hundred ninety-two of this article within the preceding ten years shall 4 be guilty of a misdemeanor, and shall be punished by a fine of not less 5 than [seven hundred fifty] one thousand dollars nor more than fifteen 6 hundred dollars, or by imprisonment of not more than one hundred eighty 7 days in a penitentiary or county jail or by both such fine and imprison- 8 ment. 9 (b) Driving while intoxicated or while ability impaired by drugs or 10 while ability impaired by the combined influence of drugs or of alcohol 11 and any drug or drugs; aggravated driving while intoxicated; misdemeanor 12 offenses. (i) A violation of subdivision two, three, four or four-a of 13 section eleven hundred ninety-two of this article shall be a misdemeanor 14 and shall be punishable by a fine of not less than [five] seven hundred 15 fifty dollars nor more than one thousand five hundred dollars, or by 16 imprisonment in a penitentiary or county jail for not more than one 17 year, or by both such fine and imprisonment. A violation of paragraph 18 (a) of subdivision two-a of section eleven hundred ninety-two of this 19 article shall be a misdemeanor and shall be punishable by a fine of not 20 less than one thousand dollars nor more than two thousand five hundred 21 dollars or by imprisonment in a penitentiary or county jail for not more 22 than one year, or by both such fine and imprisonment. 23 (ii) In addition to the imposition of any fine or period of imprison- 24 ment set forth in this paragraph, the court shall also sentence such 25 person convicted of, or adjudicated a youthful offender for, a violation 26 of subdivision two, two-a or three of section eleven hundred ninety-two 27 of this article to a term of probation or conditional discharge, as a 28 condition of which it shall order such person to install and maintain, 29 in accordance with the provisions of section eleven hundred ninety-eight 30 of this article, an ignition interlock device in any motor vehicle owned 31 or operated by such person during the term of such probation or condi- 32 tional discharge imposed for such violation of section eleven hundred 33 ninety-two of this article and in no event for a period of less than 34 twelve months; provided, however, that such period of interlock 35 restriction shall terminate upon submission of proof that such person 36 installed and maintained an ignition interlock device for at least six 37 months, unless the court ordered such person to install and maintain an 38 ignition interlock device for a longer period as authorized by this 39 subparagraph and specified in such order. The period of interlock 40 restriction shall commence from the earlier of the date of sentencing, 41 or the date that an ignition interlock device was installed in advance 42 of sentencing. Provided, however, the court may not authorize the opera- 43 tion of a motor vehicle by any person whose license or privilege to 44 operate a motor vehicle has been revoked pursuant to the provisions of 45 this section. 46 (c) Felony offenses. (i) A person who operates a vehicle (A) in 47 violation of subdivision two, two-a, three, four or four-a of section 48 eleven hundred ninety-two of this article after having been convicted of 49 a violation of subdivision two, two-a, three, four or four-a of such 50 section or of vehicular assault in the second or first degree, as 51 defined, respectively, in sections 120.03 and 120.04 and aggravated 52 vehicular assault as defined in section 120.04-a of the penal law or of 53 vehicular manslaughter in the second or first degree, as defined, 54 respectively, in sections 125.12 and 125.13 and aggravated vehicular 55 homicide as defined in section 125.14 of such law, within the preceding 56 ten years, or (B) in violation of paragraph (b) of subdivision two-a ofA. 894 3 1 section eleven hundred ninety-two of this article shall be guilty of a 2 class E felony, and shall be punished by a fine of not less than one 3 thousand five hundred dollars nor more than five thousand dollars or by 4 a period of imprisonment as provided in the penal law, or by both such 5 fine and imprisonment. 6 (ii) A person who operates a vehicle in violation of subdivision two, 7 two-a, three, four or four-a of section eleven hundred ninety-two of 8 this article after having been convicted of a violation of subdivision 9 two, two-a, three, four or four-a of such section or of vehicular 10 assault in the second or first degree, as defined, respectively, in 11 sections 120.03 and 120.04 and aggravated vehicular assault as defined 12 in section 120.04-a of the penal law or of vehicular manslaughter in the 13 second or first degree, as defined, respectively, in sections 125.12 and 14 125.13 and aggravated vehicular homicide as defined in section 125.14 of 15 such law, twice within the preceding ten years, shall be guilty of a 16 class D felony, and shall be punished by a fine of not less than two 17 thousand five hundred dollars nor more than ten thousand dollars or by a 18 period of imprisonment as provided in the penal law, or by both such 19 fine and imprisonment. 20 (ii-a) A person who operates a vehicle in violation of subdivision 21 two, two-a, three, four or four-a of section eleven hundred ninety-two 22 of this article after having been convicted of a violation of subdivi- 23 sion two, two-a, three, four or four-a of such section or of vehicular 24 assault in the second or first degree, as defined, respectively, in 25 sections 120.03 and 120.04 and aggravated vehicular assault as defined 26 in section 120.04-a of the penal law or of vehicular manslaughter in the 27 second or first degree, as defined, respectively, in sections 125.12 and 28 125.13 and aggravated vehicular homicide as defined in section 125.14 of 29 such law, three or more times within the preceding fifteen years, shall 30 be guilty of a class D felony, and shall be punished by a fine of not 31 less than two thousand dollars nor more than ten thousand dollars or by 32 a period of imprisonment as provided in the penal law, or by both such 33 fine and imprisonment. 34 (iii) In addition to the imposition of any fine or period of imprison- 35 ment set forth in this paragraph, the court shall also sentence such 36 person convicted of, or adjudicated a youthful offender for, a violation 37 of subdivision two, two-a or three of section eleven hundred ninety-two 38 of this article to a period of probation or conditional discharge, as a 39 condition of which it shall order such person to install and maintain, 40 in accordance with the provisions of section eleven hundred ninety-eight 41 of this article, an ignition interlock device in any motor vehicle owned 42 or operated by such person during the term of such probation or condi- 43 tional discharge imposed for such violation of section eleven hundred 44 ninety-two of this article and in no event for a period of less than 45 twelve months; provided, however, that such period of interlock 46 restriction shall terminate upon submission of proof that such person 47 installed and maintained an ignition interlock device for at least six 48 months, unless the court ordered such person to install and maintain a 49 ignition interlock device for a longer period as authorized by this 50 subparagraph and specified in such order. The period of interlock 51 restriction shall commence from the earlier of the date of sentencing, 52 or the date that an ignition interlock device was installed in advance 53 of sentencing. Provided, however, the court may not authorize the opera- 54 tion of a motor vehicle by any person whose license or privilege to 55 operate a motor vehicle has been revoked pursuant to the provisions of 56 this section.A. 894 4 1 (d) Alcohol or drug related offenses; special vehicles. (1) Except as 2 provided in subparagraph four of this paragraph, a violation of subdivi- 3 sion one, two, three, four or four-a of section eleven hundred ninety- 4 two of this article wherein the violator is operating a taxicab as 5 defined in section one hundred forty-eight-a of this chapter, or livery 6 as defined in section one hundred twenty-one-e of this chapter, and such 7 taxicab or livery is carrying a passenger for compensation, or a truck 8 with a GVWR of more than eighteen thousand pounds but not more than 9 twenty-six thousand pounds and which is not a commercial motor vehicle 10 shall be a misdemeanor punishable by a fine of not less than [five11hundred] one thousand dollars nor more than [fifteen] two thousand five 12 hundred dollars or by a period of imprisonment as provided in the penal 13 law, or by both such fine and imprisonment. A violation of subdivision 14 two-a of section eleven hundred ninety-two of this article wherein the 15 violator is operating a taxicab as defined in section one hundred 16 forty-eight-a of this chapter, or livery as defined in section one 17 hundred twenty-one-e of this chapter, and such taxicab or livery is 18 carrying a passenger for compensation, or a truck with a GVWR of more 19 than eighteen thousand pounds but not more than twenty-six thousand 20 pounds and which is not a commercial motor vehicle shall be a class E 21 felony punishable by a fine of not less than one thousand dollars nor 22 more than five thousand dollars or by a period of imprisonment as 23 provided in the penal law, or by both such fine and imprisonment. 24 (1-a) A violation of subdivision one of section eleven hundred nine- 25 ty-two of this article wherein the violator is operating a school bus as 26 defined in section one hundred forty-two of this chapter and such school 27 bus is carrying at least one student passenger shall be a misdemeanor 28 punishable by a fine of not less than [five hundred] one thousand 29 dollars nor more than [fifteen] two thousand five hundred dollars or by 30 a period of imprisonment as provided in the penal law, or by both such 31 fine and imprisonment. 32 (2) A violation of subdivision five of section eleven hundred ninety- 33 two of this article shall be a traffic infraction punishable as provided 34 in paragraph (a) of this subdivision. Except as provided in subparagraph 35 three or five of this paragraph, a violation of subdivision one, two, 36 three, four, four-a or six of section eleven hundred ninety-two of this 37 article wherein the violator is operating a commercial motor vehicle, or 38 any motor vehicle registered or registerable under schedule F of subdi- 39 vision seven of section four hundred one of this chapter shall be a 40 misdemeanor. A violation of subdivision one, two, three, four or four-a 41 of section eleven hundred ninety-two of this article shall be punishable 42 by a fine of not less than [five hundred] one thousand dollars nor more 43 than [fifteen] two thousand five hundred dollars or by a period of 44 imprisonment as provided in the penal law, or by both such fine and 45 imprisonment. A violation of subdivision six of section eleven hundred 46 ninety-two of this article shall be punishable by a fine of not less 47 than [five hundred] one thousand dollars nor more than [fifteen] two 48 thousand five hundred dollars or by a period of imprisonment not to 49 exceed one hundred eighty days, or by both such fine and imprisonment. A 50 person who operates any such vehicle in violation of such subdivision 51 six after having been convicted of a violation of subdivision one, two, 52 two-a, three, four, four-a or six of section eleven hundred ninety-two 53 of this article within the preceding five years shall be punishable by a 54 fine of not less than two thousand five hundred dollars nor more than 55 [fifteen hundred] five thousand dollars or by a period of imprisonment 56 as provided in the penal law, or by both such fine and imprisonment. AA. 894 5 1 violation of subdivision two-a of section eleven hundred ninety-two of 2 this article wherein the violator is operating a commercial motor vehi- 3 cle, or any motor vehicle registered or registerable under schedule F of 4 subdivision seven of section four hundred one of this chapter shall be a 5 class E felony punishable by a fine of not less than one thousand 6 dollars nor more than five thousand dollars or by a period of imprison- 7 ment as provided in the penal law, or by both such fine and imprison- 8 ment. 9 (3) A violation of subdivision one of section eleven hundred ninety- 10 two of this article wherein the violator is operating a motor vehicle 11 with a gross vehicle weight rating of more than eighteen thousand pounds 12 which contains flammable gas, radioactive materials or explosives shall 13 be a misdemeanor punishable by a fine of not less than two thousand five 14 hundred dollars nor more than [fifteen hundred] five thousand dollars or 15 by a period of imprisonment as provided in the penal law, or by both 16 such fine and imprisonment. 17 (4) (i) A person who operates a vehicle in violation of subdivision 18 one, two, two-a, three, four or four-a of section eleven hundred nine- 19 ty-two of this article and which is punishable as provided in subpara- 20 graph one, one-a, two or three of this paragraph after having been 21 convicted of a violation of any such subdivision of section eleven 22 hundred ninety-two of this article and penalized under subparagraph one, 23 one-a, two or three of this paragraph within the preceding ten years, 24 shall be guilty of a class E felony, which shall be punishable by a fine 25 of not less than [one] two thousand five hundred dollars nor more than 26 [five] ten thousand dollars, or by a period of imprisonment as provided 27 in the penal law, or by both such fine and imprisonment. A person who 28 operates a vehicle in violation of subdivision six of section eleven 29 hundred ninety-two of this article after having been convicted of two or 30 more violations of subdivisions one, two, two-a, three, four, four-a or 31 six of section eleven hundred ninety-two of this article within the 32 preceding five years, any one of which was a misdemeanor, shall be guil- 33 ty of a class E felony, which shall be punishable by a fine of not less 34 than [one] three thousand five hundred dollars nor more than [five] ten 35 thousand dollars, or by a period of imprisonment as provided in the 36 penal law, or by both such fine and imprisonment. In addition, any 37 person sentenced pursuant to this subparagraph shall be subject to the 38 disqualification provided in subparagraph three of paragraph (e) of 39 subdivision two of this section. 40 (ii) A person who operates a vehicle in violation of subdivision one, 41 two, two-a, three, four or four-a of section eleven hundred ninety-two 42 of this article and which is punishable as provided in subparagraph one, 43 one-a, two or three of this paragraph after having been convicted of a 44 violation of any such subdivision of section eleven hundred ninety-two 45 of this article and penalized under subparagraph one, one-a, two or 46 three of this paragraph twice within the preceding ten years, shall be 47 guilty of a class D felony, which shall be punishable by a fine of not 48 less than [two] five thousand dollars nor more than ten thousand 49 dollars, or by a period of imprisonment as provided in the penal law, or 50 by both such fine and imprisonment. A person who operates a vehicle in 51 violation of subdivision six of section eleven hundred ninety-two of 52 this article after having been convicted of three or more violations of 53 subdivisions one, two, two-a, three, four, four-a or six of section 54 eleven hundred ninety-two of this article within the preceding five 55 years, any one of which was a misdemeanor, shall be guilty of a class D 56 felony, which shall be punishable by a fine of not less than [two] fiveA. 894 6 1 thousand dollars nor more than ten thousand dollars, or by a period of 2 imprisonment as provided in the penal law, or by both such fine and 3 imprisonment. In addition, any person sentenced pursuant to this subpar- 4 agraph shall be subject to the disqualification provided in subparagraph 5 three of paragraph (e) of subdivision two of this section. 6 (4-a) A violation of subdivision two, three, four or four-a of section 7 eleven hundred ninety-two of this article wherein the violator is oper- 8 ating a school bus as defined in section one hundred forty-two of this 9 chapter and such school bus is carrying at least one student passenger 10 shall be a class E felony punishable by a fine of not less than [one] 11 two thousand five hundred dollars nor more than [five] ten thousand 12 dollars, or by a period of imprisonment as provided in the penal law, or 13 by both such fine and imprisonment. A violation of subdivision two-a of 14 section eleven hundred ninety-two of this article wherein the violator 15 is operating a school bus as defined in section one hundred forty-two of 16 this chapter and such school bus is carrying at least one student 17 passenger shall be a class D felony punishable by a fine of not less 18 than two thousand dollars nor more than ten thousand dollars, or by a 19 period of imprisonment as provided in the penal law, or by both such 20 fine and imprisonment. 21 (5) A violation of subdivision two, three, four or four-a of section 22 eleven hundred ninety-two of this article wherein the violator is oper- 23 ating a motor vehicle with a gross vehicle weight rating of more than 24 eighteen thousand pounds which contains flammable gas, radioactive mate- 25 rials or explosives, shall be a class E felony punishable by a fine of 26 not less than [one] two thousand five hundred dollars nor more than ten 27 thousand dollars and such other penalties as provided for in the penal 28 law; provided, however, that a conviction for such violation shall not 29 be considered a predicate felony pursuant to section 70.06 of such law, 30 or a previous felony conviction pursuant to section 70.10 of such law. A 31 violation of subdivision two-a of section eleven hundred ninety-two of 32 this article wherein the violator is operating a motor vehicle with a 33 gross vehicle weight rating of more than eighteen thousand pounds which 34 contains flammable gas, radioactive materials or explosives, shall be a 35 class D felony punishable by a fine of not less than two thousand nor 36 more than ten thousand dollars and such other penalties as provided for 37 in the penal law; provided, however, that a conviction for such 38 violation shall not be considered a predicate felony pursuant to section 39 70.06 of such law, or a previous felony conviction pursuant to section 40 70.10 of such law. 41 (6) The sentences required to be imposed by subparagraph one, one-a, 42 two, three, four, four-a or five of this paragraph shall be imposed 43 notwithstanding any contrary provision of this chapter or the penal law. 44 (7) Nothing contained in this paragraph shall prohibit the imposition 45 of a charge of any other felony set forth in this or any other provision 46 of law for any acts arising out of the same incident. 47 (e) Certain sentences prohibited. Notwithstanding any provisions of 48 the penal law, no judge or magistrate shall impose a sentence of uncon- 49 ditional discharge for a violation of any subdivision of section eleven 50 hundred ninety-two of this article nor shall a judge or magistrate 51 impose a sentence of conditional discharge, imprisonment or probation 52 unless such conditional discharge, imprisonment or probation is accompa- 53 nied by a sentence of a fine as provided in this subdivision. 54 (f) Where the court imposes a sentence for a violation of section 55 eleven hundred ninety-two of this article, the court may require the 56 defendant, as a part of or as a condition of such sentence, to attend aA. 894 7 1 single session conducted by a victims impact program. For purposes of 2 this section, "victims impact program" means a program operated by a 3 county, a city with a population of one million or more, by a not-for- 4 profit organization authorized by any such county or city, or a combina- 5 tion thereof, in which presentations are made concerning the impact of 6 operating a motor vehicle while under the influence of alcohol or drugs 7 to one or more persons who have been convicted of such offenses. A 8 description of any such program shall be filed with the commissioner and 9 with the coordinator of the special traffic options program for driving 10 while intoxicated established pursuant to section eleven hundred nine- 11 ty-seven of this article, and shall be made available to the court upon 12 request. Nothing contained herein shall be construed to require any 13 governmental entity to create such a victim impact program. 14 (g) The office of probation and correctional alternatives shall recom- 15 mend to the commissioner of the division of criminal justice services 16 regulations governing the monitoring of compliance by persons ordered to 17 install and maintain ignition interlock devices to provide standards for 18 monitoring by departments of probation, and options for monitoring of 19 compliance by such persons, that counties may adopt as an alternative to 20 monitoring by a department of probation. 21 § 2. Paragraph (b) of subdivision 2 of section 511 of the vehicle and 22 traffic law, as amended by chapter 607 of the laws of 1993, is amended 23 to read as follows: 24 (b) Aggravated unlicensed operation of a motor vehicle in the second 25 degree is a misdemeanor. When a person is convicted of this crime under 26 subparagraph (i) of paragraph (a) of this subdivision, the sentence of 27 the court must be: (i) a fine of not less than five hundred dollars; and 28 (ii) a term of imprisonment not to exceed one hundred eighty days; or 29 (iii) where appropriate a sentence of probation as provided in subdivi- 30 sion six of this section; or (iv) a term of imprisonment as a condition 31 of a sentence of probation as provided in the penal law and consistent 32 with this section. When a person is convicted of this crime under 33 subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision, 34 the sentence of the court must be: (i) a fine of not less than [five35hundred] one thousand dollars nor more than [one] two thousand five 36 hundred dollars; and (ii) a term of imprisonment of not less than seven 37 days nor more than one hundred eighty days, or (iii) where appropriate a 38 sentence of probation as provided in subdivision six of this section; or 39 (iv) a term of imprisonment as a condition of a sentence of probation as 40 provided in the penal law and consistent with this section. 41 § 3. Paragraph (b) of subdivision 3 of section 511 of the vehicle and 42 traffic law, as separately amended by chapters 786 and 892 of the laws 43 of 1990, is amended to read as follows: 44 (b) Aggravated unlicensed operation of a motor vehicle in the first 45 degree is a class E felony. When a person is convicted of this crime, 46 the sentence of the court must be: (i) a fine in an amount not less than 47 [five hundred] two thousand dollars nor more than five thousand dollars; 48 and (ii) a term of imprisonment as provided in the penal law, or (iii) 49 where appropriate and a term of imprisonment is not required by the 50 penal law, a sentence of probation as provided in subdivision six of 51 this section, or (iv) a term of imprisonment as a condition of a 52 sentence of probation as provided in the penal law. 53 § 4. This act shall take effect on the one hundred twentieth day after 54 it shall have become a law.
