Requires imposition of consecutive sentences upon conviction of driving while intoxicated assaults and homicides arising out of same occurrence; repealer

BILL NUMBER:A10963

Title of bill

An act to amend the penal law, in relation to requiring the sentences of imprisonment for convictions of driving under the influence of alcohol or drugs related to assault and homicide offenses committed through the same act or omission to run consecutively; and to repeal certain provisions of such law relating to multiple injuries and death

Purpose or general idea of bill

The purpose of this bill is to allow judges the authority to impose consecutive sentences when a single criminal act of vehicular assault, vehicular manslaughter, or vehicular manslaughter leads to multiple fatalities or injuries.

Summary of specific provisions

Section 1 amends the opening paragraph of subdivision 1 of section 70.25 of the penal law to include subdivision 6 among its exclusions.

Section 2 amends section 70,25 of the penal law by adding a new subdivision 6 to impose a consecutive sentence for each count of vehicular assault in the second degree, vehicular assault in the rust degree, aggravated vehicular assault. vehicular manslaughter in the second degree, vehicular manslaughter in the first degree, and aggravated vehicular homicide.

Section 3 repeals subdivision 4 of section 120,04 of the penal law.

Section 4 repeals subdivision 4 of section 120.04-a of the penal law.

Section 5 repeals subdivision 4 of section 125.13 of the penal law.

Section 6 repeals subdivisions 4 and 5 of section 125.14 of the penal law.

Justification

On June 8, 2009 the entire Brewster community was shocked to the core when Cowes Garcia-Zacarias drove drunk into an 8-year-old second grader and her mother as they were leaving the Seven Stars School of Pei-Coming Arts. Garcia-Zacarias had a blood-alcohol level of twice the legal limit and no driver's license. in January 2010, Garcia-Zacarias was sentenced to two concurrent 8 1/2-25 year sentences, the maximum sentence currently allowed under New York State law, for murdering Lori and Kayla Donohue.

New York should extend "Zero Tolerance" for Garcia-Zaearias's behavior. Sadly, under current sentencing and parole guidelines, he may be released from jail after serving only one-sixth of his sentence. If. while drunk, he drove his car into a full school bus, he would receive the same sentence. Sentences like this are exactly why the crime of DWI continues to pervade our community, The victims of DWI deserve better, and our community deserves better.

While Albany agreed to heighten some penalties through the enactment of Leandra's Law in November 2009, which increases penalties for those who drive drunk with children in the car, a zero tolerance statewide law has not yet been adopted,

Prior legislative history

This is new legislation.

Fiscal implications

None noted.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.