Relates to the operation of a motor vehicle while driving while impaired in certain circumstances and increasing the penalties therefor

34 Co-sponsors

• Joseph P. Addabbo Jr.
• James S. Alesi
• John J. Bonacic
• John A. DeFrancisco
• Ruben Diaz
• Hugh T. Farley
• John J. Flanagan
• Martin J. Golden
• Joseph A. Griffo
• Kemp Hannon
• Shirley L. Huntley
• Craig M. Johnson
• Andrew J. Lanza
• William J. Larkin Jr.
• Kenneth P. LaValle
• Vincent L. Leibell
• Tom Libous
• Betty Little
• Carl L. Marcellino
• George D. Maziarz
• Roy J. McDonald
• Thomas P. Morahan
• Michael F. Nozzolio
• George Onorato
• Frank Padavan
• Michael H. Ranzenhofer
• Joseph E. Robach
• Stephen M. Saland
• Diane J. Savino
• James L. Seward
• Toby Ann Stavisky
• Dale M. Volker
• George Winner
• Catharine Young

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to the operation of a motor vehicle while driving while impaired in certain circumstances and increasing the penalties therefor

Purpose

To amend the vehicle and traffic law and the penal law, in relation to the operation of a motor vehicle while driving while impaired with, causing serious injury to, or causing the death of a person under the age of sixteen years and increasing the penalties therefor

Summary of provisions

Section 1: Amends section 1193 of the vehicle and traffic law providing for a person who operates a vehicle while under the influence with a passenger under the age of sixteen would be guilty of a class E felony punishable by a fine of up to five thousand dollars and or a period of imprisonment of up to four years.

Section 2: Amends section 125.14 of the penal law by adding new subsection 7 to provide that a person who causes the death of a person under the age of sixteen be charged with the crime of aggravated vehicular homicide and increases the penalty from a class B felony to a class B violent felony.

Section 3: Amends section 120.04-a of the penal law by adding new subsection 6 to provide that a person who causes serious physical injury to a person under the age of sixteen be charged with the crime of aggravated vehicular assault and increases the penalty from a class C felony to a class C violent felony.

Section 4: Effective date

Justification

According to the National Highway Traffic Safety Administration's National Center for Statistics and Analysis in 2007, a total of 1,670 children age 14 and younger were killed in motor vehicle traffic crashes. Of those 1,670 fatalities, 245 (15%) occurred in alcohol impaired driving crashes. Out of those 245 deaths, more than half (130) were occupants of a vehicle with a driver who had a SAC level of .08 or higher. Another 29 children age 14 and younger who were killed in traffic crashes in 2007 were pedestrians or pedalcyclists who were struck by drivers with a SAC of .08 or higher.

Drunken Driving is a pervasive blight on our society which may have far reaching negative effects on those lives it touches. Death, parilization amputation, head trauma and disfigurement are common when a car driven by a drunk driver is involved in an accident. As a society we have already determined this to be a significant crime. When an adult who is responsible for the care of a child violates their obligation to protect that child and drives while intoxicated they are committing a crime that should be held as particularly despicable by society. For this reason, it is imperative that we pass strict laws proclaiming that this state will have no tolerance for such behavior and will punish those offenders appropriately both for what they have done and to discourage others.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

The First of November next succeeding the date it shall have become law.