Bill Text: NY A06457 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases penalties for criminal conviction of drunk or drugged driving in those cases where a child, under the age of seventeen, is a passenger in the vehicle being operated in violation of the law; provides fines and possible imprisonment.

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Introduced - Dead) 2012-03-20 - held for consideration in codes [A06457 Detail]

Download: New_York-2011-A06457-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6457
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 17, 2011
                                      ___________
       Introduced  by M. of A. JOHNS, D. MILLER, N. RIVERA, STEVENSON -- Multi-
         Sponsored by -- M. of A. CALHOUN, CERETTO, CROUCH, LOSQUADRO,  MURRAY,
         P. RIVERA, TEDISCO -- read once and referred to the Committee on Codes
       AN  ACT  to amend the vehicle and traffic law, in relation to additional
         penalties for certain drunk driving convictions
         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 is amended by adding a new paragraph (h) to read as follows:
    3    (H) DRIVING WHILE INTOXICATED WITH A CHILD IN THE  VEHICLE.  A  PERSON
    4  CONVICTED  OF  A  VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF SECTION
    5  ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, WHERE A CHILD UNDER  THE  AGE
    6  OF  SEVENTEEN  WAS  A  PASSENGER IN THE VEHICLE BEING OPERATED, SHALL BE
    7  SUBJECT TO THE FOLLOWING PENALTIES IN ADDITION TO THE CURRENT PENALTIES:
    8    (1) FOR A FIRST SUCH OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN  TWO
    9  HUNDRED  DOLLARS  NOR  MORE  THAN  FIVE HUNDRED DOLLARS OR AN ADDITIONAL
   10  FORTY-EIGHT CONSECUTIVE HOURS OF IMPRISONMENT, OR  BY  BOTH  SUCH  ADDI-
   11  TIONAL FINE AND IMPRISONMENT;
   12    (2)  FOR  A  SECOND  SUCH OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN
   13  FOUR HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS OR AN ADDITIONAL
   14  TEN DAYS OF IMPRISONMENT, OR BY BOTH SUCH ADDITIONAL FINE AND  IMPRISON-
   15  MENT;
   16    (3)  FOR  ANY  SUBSEQUENT OFFENSE, AN ADDITIONAL FINE OF NOT LESS THAN
   17  ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND  DOLLARS  OR  AN  ADDI-
   18  TIONAL  TERM  OF IMPRISONMENT OF NOT LESS THAN THIRTY DAYS NOR MORE THAN
   19  NINETY DAYS, OR BY BOTH SUCH ADDITIONAL FINE AND IMPRISONMENT.
   20    S 2. This act shall take effect on the first of November next succeed-
   21  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.
                                                                  LBD09254-01-1