Bill Text: NY A06484 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the offense of persistent driving while intoxicated including specific driver's license requirements if convicted.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06484 Detail]
Download: New_York-2019-A06484-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6484 2019-2020 Regular Sessions IN ASSEMBLY March 8, 2019 ___________ Introduced by M. of A. KOLB, HAWLEY, MONTESANO, RAIA, DiPIETRO, GIGLIO -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the vehicle and traffic law, in relation to persistent driving while intoxicated; and to repeal certain provisions of the vehicle and traffic law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Part 3 of the penal law is amended by adding a new title Q 2 to read as follows: 3 TITLE Q 4 DRIVING WHILE INTOXICATED 5 ARTICLE 300 6 PERSISTENT DRIVING WHILE INTOXICATED 7 Section 300.00 Persistent driving while intoxicated in the third degree. 8 300.01 Persistent driving while intoxicated in the second 9 degree. 10 300.02 Persistent driving while intoxicated in the first degree. 11 300.03 Violation of alcohol privilege revoked. 12 § 300.00 Persistent driving while intoxicated in the third degree. 13 A person is guilty of the offense of persistent driving while intoxi- 14 cated in the third degree when such person operates a vehicle in 15 violation of subdivision two, two-a, three, four or four-a of section 16 eleven hundred ninety-two of the vehicle and traffic law after having 17 been convicted of any violation of subdivision two, two-a, three, four 18 or four-a of such section on two or more occasions. 19 In addition to the sentencing requirements, any person upon conviction 20 under this section shall be prohibited from purchasing or consuming 21 alcoholic beverages for five years after release from prison. The court 22 shall further require that a notation of this restriction be affixed to 23 the person's driver's license at the time of reinstatement of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04179-02-9A. 6484 2 1 license. The court in which a conviction is entered must forward a copy 2 of the conviction to the department of motor vehicles. 3 Persistent driving while intoxicated in the third degree is a class D 4 felony. 5 § 300.01 Persistent driving while intoxicated in the second degree. 6 A person is guilty of the offense of persistent driving while intoxi- 7 cated in the second degree when such person operates a vehicle in 8 violation of subdivision two, two-a, three, four or four-a of section 9 eleven hundred ninety-two of the vehicle and traffic law after having 10 been convicted of any violation of subdivision two, two-a, three, four 11 or four-a of such section on one prior occasion and having been 12 convicted of vehicular assault in the second or first degree, as 13 defined, respectively, in sections 120.03 and 120.04 of this part or 14 aggravated vehicular assault as defined in section 120.04-a of this part 15 or vehicular manslaughter in the second or first degree, as defined, 16 respectively, in sections 125.12 and 125.13 or aggravated vehicular 17 homicide as defined in section 125.14 of this part, on one prior occa- 18 sion. 19 In addition to the sentencing requirements, any person upon conviction 20 under this section shall be prohibited from purchasing or consuming 21 alcoholic beverages for ten years after release from prison. The court 22 shall further require that a notation of the restriction be affixed to 23 the person's driver's license at the time of reinstatement of the 24 license. The court in which a conviction is entered must forward a copy 25 of the conviction to the department of motor vehicles. 26 Persistent driving while intoxicated in the second degree is a class C 27 felony. 28 § 300.02 Persistent driving while intoxicated in the first degree. 29 A person is guilty of the offense of persistent driving while intoxi- 30 cated in the first degree when such person operates a vehicle in 31 violation of subdivision two, two-a, three, four or four-a of section 32 eleven hundred ninety-two of the vehicle and traffic law after having 33 been convicted of vehicular assault in the second or first degree, as 34 defined, respectively, in sections 120.03 and 120.04 of this part or 35 aggravated vehicular assault as defined in section 120.04-a of this part 36 or of vehicular manslaughter in the second or first degree, as defined, 37 respectively, in sections 125.12 and 125.13 or aggravated vehicular 38 homicide as defined in section 125.14 of this part, on two or more prior 39 occasions. 40 In addition to the sentencing requirements, any person upon conviction 41 under this section, shall be prohibited from purchasing or consuming 42 alcoholic beverages for fifteen years after release from prison. The 43 court shall further require that a notation of this restriction be 44 affixed to the person's driver's license at the time of reinstatement of 45 the license. The court in which a conviction is entered must forward a 46 copy of the conviction to the department of motor vehicles. 47 Persistent driving while intoxicated in the first degree is a class B 48 felony. 49 § 300.03 Violation of alcohol privilege revoked. 50 1. When a person has violated the terms of his or her conditional 51 sentencing requirement of their alcohol privileges being revoked, he or 52 she shall be guilty of a class B misdemeanor, and shall be punished by a 53 fine of no more that five hundred dollars. 54 2. When a person has violated the terms of his or her conditional 55 sentencing requirement of their alcohol privileges being revoked after 56 having been convicted of violating their conditional sentencing require-A. 6484 3 1 ment of their alcohol privilege being revoked, he or she shall be guilty 2 of a class A misdemeanor, and shall be punished by a fine of no more 3 than one thousand dollars. 4 § 2. Paragraph (b) of subdivision 3 of section 70.00 of the penal law 5 is relettered paragraph (c) and a new paragraph (b) is added to read as 6 follows: 7 (b) For all felonies described in article three hundred of this chap- 8 ter, the minimum period shall be fixed by the court and specified in the 9 sentence and shall be not less than two years. 10 § 3. Subdivision 1 of section 504 of the vehicle and traffic law is 11 amended by adding a new paragraph (a-2) to read as follows: 12 (a-2) If a person has been convicted under section 300.00, 300.01 or 13 300.02 of the penal law, or in violation of paragraph (c) of subdivision 14 one of section eleven hundred ninety-three of this chapter and is grant- 15 ed a state-issued photo identification license or a driver's license, 16 with or without restrictions, the identification card or license shall 17 indicate that the person is prohibited from purchasing or consuming 18 alcohol with the words "ALCOHOL PRIVILEGE REVOKED". Any cost the 19 department of motor vehicles incurs in processing, producing, and issu- 20 ing an identification card or license with the indicator required by 21 this paragraph or otherwise implementing this paragraph, shall be paid 22 by the offenders to whom the identification cards or licenses are issued 23 in the form of an issuance fee. The department shall determine the 24 amount of the fee by rule, but the fee shall not exceed the cost of 25 implementing this paragraph. 26 § 4. Subparagraph (i) of paragraph (c) of subdivision 1 of section 27 1193 of the vehicle and traffic law, as amended by chapter 169 of the 28 laws of 2013, is amended to read as follows: 29 (i) A person who operates a vehicle (A) in violation of subdivision 30 two, two-a, three, four or four-a of section eleven hundred ninety-two 31 of this article after having been convicted of a violation of subdivi- 32 sion two, two-a, three, four or four-a of such section or of vehicular 33 assault in the second or first degree, as defined, respectively, in 34 sections 120.03 and 120.04 and aggravated vehicular assault as defined 35 in section 120.04-a of the penal law or of vehicular manslaughter in the 36 second or first degree, as defined, respectively, in sections 125.12 and 37 125.13 and aggravated vehicular homicide as defined in section 125.14 of 38 such law, within the preceding ten years, or (B) in violation of para- 39 graph (b) of subdivision two-a of section eleven hundred ninety-two of 40 this article shall be guilty of a class E felony, and shall be punished 41 by a fine of not less than one thousand dollars nor more than five thou- 42 sand dollars or by a period of imprisonment as provided in the penal 43 law, or by both such fine and imprisonment and in addition, he or she 44 may be prohibited from purchasing or consuming alcoholic beverages for 45 up to a maximum of three years. The court shall further require that a 46 notation of this restriction be affixed to the person's driver's license 47 at the time of reinstatement of the license. 48 § 5. Subparagraphs (ii) and (ii-a) of paragraph (c) of subdivision 1 49 of section 1193 of the vehicle and traffic law are REPEALED and a new 50 subparagraph (ii) is added to read as follows: 51 (ii) In the case of a person convicted under section 300.00, 300.01 or 52 300.02 of the penal law, or in violation of this paragraph, the court 53 shall order the person to abstain from purchasing or consuming alcohol 54 for such period as required by law pursuant to their offenses and 55 require that a notation of this restriction be affixed to the person's 56 driver's license at the time of reinstatement of the license and noticeA. 6484 4 1 of the order shall be given to the department. This restriction shall 2 remain on the driver's license for such period required by law. The 3 restriction may be modified by order of the court and notice of the 4 order shall be given to the department. Upon the expiration of the peri- 5 od for the restriction, the department shall remove the restriction 6 without further court order. Failure to comply with the order to abstain 7 shall be a violation of the sentence. Such a violation shall be punisha- 8 ble under section 300.03 of the penal law. 9 § 6. The commissioner of motor vehicles shall promulgate such rules 10 and regulations as are necessary that would require violation of subdi- 11 visions 2, 2-a, 3, 4 or 4-a of section 1192 of the vehicle and traffic 12 law to remain permanent on a person's driving record. 13 § 7. This act shall take effect immediately.
