Relates to driving while intoxicated while in a position of care

Summary of specific provisions

Section one amends section 1192 of the vehicle and traffic law by adding a new subdivision 2-b that provides that it is a crime for a person to operate a vehicle while intoxicated, as defined by subdivisions two, two-a, three, four, five or six of section 1192, while in a position of care of a minor who is in such vehicle.

Section two amends paragraph (d) of subdivision 10 of section 1192 of the vehicle and traffic law, as added by chapter 732 of the laws of 2006, by adding new subdivision two-b to those violations for which a plea of guilty may be entered by the court in satisfaction of an allegation of a violation of either subdivision two-a or two-b.

Section three amends subdivision 12 of section 1192 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, by adding new subdivision two-b to the violations for which a law enforcement officer shall make a clear notation when someone other than the person charged was either killed or suffered serious physical injury.

Section four amends paragraphs (b) and (c) of subdivision 1 of section 1193 of the vehicle and traffic law; paragraph (b) as amended by chapter 669 of the laws of 2007, and paragraph (c) as amended by chapter 732 of the laws of 2006, and subparagraphs (i) and (ii) of paragraph (c) as amended by chapter 345 of the laws of 2007, by adding new subdivision two--b to the list of subdivisions for which there shall be a charge of a misdemeanor or felony, respectively. Paragraph (d) of subdivision 1 of section 1193, as amended by chapter 732 of the laws of 2006, is also amended by adding new subdivision two-b to the list of subdivisions for which a person who has been convicted shall be charged with a crime when driving a taxicab, livery vehicle, school bus, commercial vehicle or vehicle of a certain weight within a certain time after such conviction.

Section five amends subparagraphs 2 and 3 of paragraph (b) of subdivision 2 of section 1193, as amended by chapter 732 of the laws of 2006, by adding new subdivision two-b to the list of subdivisions for which a violation of such subdivision may result in certain sentences.

Section six amends subparagraph 1 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, is amended by adding new subdivision two-b to the list of subdivisions for which a person in violation of such subdivisions may have his or her license suspended.

Section seven amends clause a of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, by adding new subdivision

two-b to the list of subdivisions for which a violation shall result in a court suspending the license of a person who has been charged, pending prosecution.

Section eight amends clause a-1 of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law, as amended by chapter 732 of the laws of 2006, by adding new subdivision two-b to the list of subdivisions for which a violation shall result in the suspension of a class DJ or MJ learner's permit or class DJ or MJ driver's license, pending prosecution.

Section nine amends paragraph (a) of subdivision 2 of section 1198 of the vehicle and traffic law, as amended by chapter 669 of the laws of 2007, by adding new subdivision two-b to the list of subdivisions for which a violation may result in the court ordering a person to install and maintain a functioning ignition interlock device.

Section ten amends paragraph (a) of subdivision 3 of section 1198 of the vehicle and traffic law, as amended by chapter 669 of the laws of 2007, by adding new subdivision two-b to the list of subdivisions for which a violation may result in the commissioner granting a post-revocation conditional license.

Section eleven amends subdivision 2 of section 530 of the vehicle and traffic law, as separately amended by chapters 571 and 732 of the laws of 2006, by adding new subdivision two-b to the list of subdivisions for which a violation shall result in a license or privilege not being issued.

Section twelve amends subdivision 8 of section 170.10 of the criminal procedure law, as amended by chapter 732 of the laws of 2006, by adding new subdivision two-b to the list of subdivisions for which, at the time of arraignment or within thirty days of arraignment, on a simplified information charging such crime, a court may not accept a guilty plea for certain other violations.

Section thirteen amends subparagraph (iii) of paragraph (b) of subdivision 2 of section 1198-a of the vehicle and traffic law, as added by chapter 732 of the laws of 2006, by adding new subdivision two-b to the list of subdivisions for which a violation, under certain circumstances, shall compel a court to order a person to undergo a formal alcohol or substance abuse and dependency assessment by an alcohol or substance abuse professional or a licensed agency.

Section fourteen provides the effective date.

Justification

People are killed and lives are changed forever when people drive under the influence of alcohol and drugs. New York State has numerous laws in place in an attempt to stop drunk driving. It is especially egregious when someone who is driving while intoxicated does so with a minor in the vehicle. Diane Schuler's horrific crash on the Taconic State Parkway in July this year underlines the deadly potential of drunken driving and the very real threat to the lives of the vulnerable children under the care of the adults driving them, adults whom they expect to protect them from harm. Diane Schuler was found to have a blood alcohol content of 0.19 percent, more than twice the legal limit, and had smoked marijuana within an hour of the crash.

Driving the wrong way on the Taconic for almost two miles, Schuler collided head-on with another vehicle, killing herself, her daughter and 3 nieces in her car and three men in the other.

In Westchester County alone, more than 380 drivers have been arrested just this year on charges of driving while intoxicated. Of these arrests, stories abound in the media reporting parents driving drunk with their children and their friends in the back seat, including a Yorktown mother, "RoccerMom," who drove the wrong way on the Saw Mill River Parkway, killing her daughter's 16year-old friend, a New Rochelle father who drove drunk with his 3 daughters in the car and hit an 11-year-old bicyclist, and a Mahopac mother who drove off the road while driving her 13-year old daughter and her 4 friends home.

This bill is an attempt to dissuade adults entrusted with the care of children from driving while intoxicated with children in the vehicle by making the penalties for such crime higher than the penalties for driving while intoxicated and equal to the higher penalties that currently exist for the crime of aggravated driving while intoxicated.

Prior legislative history

A.8061, 2007-2008 referred to transportation. Same as S.5467, 2007-2008 referred to transportation.

Fiscal implication

None to the state.

Effective date

This act shall take effect immediately, provided, however, that the amendments to clauses a and a-1 of subparagraph 7 of paragraph (e) of subdivision 2 of section 2 of section 1193 of the vehicle and traffic law made by sections seven and eight of this act shall not affect the repeal of such subparagraph and shall be deemed to repeal therewith; provided, further, that the amendments to paragraph (a) of subdivision 2 and paragraph (a) of subdivision 3 of section 1198 of the vehicle and traffic law made by sections nine and ten of this act shall not affect the repeal of such subdivision and shall be deemed to repeal therewith.