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S1048Senate2009-2010 SessionSame asA867

Increases penalties for certain alcohol related driving convictions

Sponsor George D. MaziarzSD-62+14 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A867Assembly

Increases penalties for certain alcohol related driving convictions

In Assembly Committee · Transportation · Sponsor Francine DelMonte

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the vehicle and traffic law, in relation to increasing penalties for certain alcohol related driving convictions

Purpose

Creates a new Class E felony when a person is convicted of a fourth violation of Driving While Ability Impaired under vehicle and traffic law section 1192, subdivision one.

Summary of provisions

Section one amends section 1193 of the vehicle and traffic law to provide that a conviction of Driving While Ability Impaired (DWAI) under section 1192 subdivision one, after three prior offenses under section 1192 within 10 years is a Class E felony offense and is punishable by a fine of $1,000 to $5,000 and/or imprisonment from 1 to 3 years minimum, The bill also amends section 1193 of the vehicle and traffic law by adding DWAI as a misdemeanor or DWAI as a felony to the list of felony offenses as depicted in this list of sanctions.

Justification

Under current law, section 1193(l) (c), imposes a felony offense for a second conviction of DWI or DWAI-drugs, This legislation would create a new felony offense for the conviction of DWAI after three prior convictions for offenses under section 1192 of the vehicle and traffic law as well as a mandatory one year's driver's license suspension, Driving while under the influence of alcohol or drugs can lead to serious injuries or death of not only the drivers but also passengers, pedestrians and occupants of other motor vehicles. The potential serious consequences of such action dictate that the law must reflect that multiple offenses are unacceptable. Therefore, this legislation seeks to create a new felony offense for DWAI after three prior convictions for DWAI.

Legislative history

1997: S.405 -- Passed Senate; 1998: S.405 -- Senate Alcoholism and Drug Abuse Committee; 1999 & 2000: S.4613 -- Passed Senate both years S.1897 of 2001 and 2002; Passed Senate S.729B of 2003/2004; Passed Senate S.203 of 2005 and 2006; Passed Senate; Passed Senate S.43 of 2007 and 2008 Passed Senate.

Fiscal implications

None.

Effective date

November 1st next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.