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History
- Referred to transportation
- 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.
Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders
In Assembly Committee · Transportation · Sponsor George Amedore
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3367
Title of bill
An act to amend the vehicle and traffic law, in relation to limiting options for plea bargaining for certain repeat driving under the influence of alcohol or drugs offenders
Purpose
This bill would preclude plea bargaining from DWI to DWAI, or from DWAI to a non-alcohol offense, for offenders who have been convicted of DWI or DWAI within the previous ten years.
Summary of provisions
Amends §1192(10) of the Vehicle and Traffic Law to preclude plea bargains from DWI to DWAI or from DWAI to any non-alcohol offense when the person has previously been convicted of DWI or DWAI within ten years.
Justification
New York State currently has a provision prohibiting plea bargaining to a non-alcohol offense for offenders charged with DWI. This prohibition has been very successful in ensuring that such offenders' records more accurately reflect the alcohol-involved nature of the offense. Plea bargaining should be further curtailed for certain repeat offenders; under current law, offenders may continually plead to DWAI from a DWI charge and to non-alcohol related offenses from a DWAI charge. An individual previously charged with DWAI but who was allowed to plead guilty to a non-alcohol related charge, for example, at present will not be identified or punished as a repeat offender upon rearrest. Existing "loopholes" in the law should be closed by precluding plea bargaining from DWI to DWAI and from DWAI to a non-alcohol offense for offenders with a previous DWI or DWAI conviction within ten years.
Legislative history
2009-10: S.1804 - Referred to Transportation
Fiscal implications
An anticipated increase in fine revenues.
Effective date
This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.