Relates to operating a motor vehicle while under the influence of alcohol or drugs with a child passenger

2 Co-sponsors

• Charles J. Fuschillo Jr.
• Eric T. Schneiderman

Title of bill

An act to amend the vehicle and traffic law, the criminal procedure law and the penal law, in relation to operating a motor vehicle while under the influence of alcohol or drugs with a child as a passenger; and to amend the vehicle and traffic law, in relation to ignition interlock devices

Purpose

This bill would enact the "Child Passenger Protection Act" to provide that any person is guilty of a class E felon when he or she operates a motor vehicle while impaired by alcohol, drugs or a combination of both while a child is a passenger in the vehicle.

Existing law

Current law provides penalties when a person drives while intoxicated or while his or her ability is impaired by drugs or a combination of drugs and alcohol; however, an elevated penalty is not mandated when a child is a passenger in the vehicle.

Justification

While all persons who drive while intoxicated pose a danger to others, the person who knowingly chooses to drive drunk with children in the car has made a conscious decision to put those children at risk of harm or death. An adult can take steps to avoid riding with a drunk or impaired driver. But a child may not have that choice, particularly when the driver is a parent or guardian.

Currently a first DWI offense is no more than a misdemeanor and may even be treated as a traffic infraction. This bill would require that person whose ability is impaired to any extent would be charged with a class E felony if a child is a passenger in the car. A conviction for a class E felony carries the very real possibility of imprisonment which may serve to deter a person from driving while impaired with a child in the car. This bill will be an additional tool for law enforcement and prosecutors to combat the problem of drunk driving. A person caught on a first DWI offense with a child passenger will be identified as a serious offender. License suspensions coupled with the stigma of a felony arrest may serve as a wake-up call and prevent a subsequent occurrence potentially averting the needless death of a child.

Additionally, current law punishes a drunk driver who causes the death of only one person as a class D felony and who causes serious physical injury to only one person a class E felony. This bill would raise that offense to a class B or C violent felony if the person killed or injured is a child who is a passenger in the drunk driver's vehicle.

Legislative history

New bill.

Fiscal implications

This bill would have no fiscal impact on the State.

Effective date

This bill would be effective 90 days after enactment, and would apply to offenses committed on or after such effective date.