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S4267Senate2013-2014 Session

Enacts "Vince's law" to extend the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony and increases penalties by one felony class

Sponsor John A. DeFranciscoSD-50+3 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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Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

Chair, Finance

History

  1. Referred to transportation
  2. Returned to senate
  3. Died in assembly
  4. Referred to transportation
  5. Delivered to assembly
  6. Passed senateVote 57–0
  7. Advanced to third reading
  8. 2nd report cal.
  9. 1st report cal.344
  10. Referred to transportation

Full text

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

Sponsor's memo

BILL NUMBER:S4267

Title of bill

An act to amend the vehicle and traffic law and the penal law, in relation to enacting "Vince's law"

Purpose

To enact Vince's law to extend the period of time in which multiple driving while intoxicated convictions can occur in order to be a felony and increase penalties by one felony class.

Summary of provisions

Section 1- creates the law known as Vince's law

Section 2 - Subparagraphs (i) and (ii) of paragraph (c) of subdivision 1 of section 1193 of the vehicle and traffic law, as amended by Chapter 496 of the laws of 2009, are amended and a new subparagraph (ii-a) is added.

Section 3 - Amends paragraph (a) of subdivision 1 of section 70.06 of the penal law, as amended by Chapter 410 of the laws of 1979.

Section 4 - Effective Date

Justification

In January 2011, 82 year old Vincent Russo was on his way to Sunday morning mass, when he was critically injured after being struck head-on by a drunk driver and tragically, died from his injuries. It was later discovered that at the time of the accident, the drivers blood-alcohol count was four times the legal limit in New York State, and that he was free awaiting sentencing for a fifth DWI violation that occurred in November of 2010. Vince's family and community members were outraged and asked why a person with five prior DWI convictions had not been incarcerated.

Under current law, judges and the district attorney's office have a great deal of discretion in imposing sentences on those convicted of DWI.

DWI is a serious offense and the penalties imposed on these offenders should reflect the seriousness of this crime. This legislation would serve to address this issue by implementing harsher penalties for each DWI conviction. This would address the issue of persistent drunk drivers by requiring those convicted of subsequent DWI offenses to face increased penalties including a mandatory period of incarceration.

Legislative history

2011-12 - S.5338

Fiscal implications

To be determined

Effective date

The first of November next succeeding the date on which it shall become law.

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