Relates to certain crimes related to the operation of a motor vehicle; repealer

To provide additional penalties for persistent offenders of DWI laws and to establish the crimes of persistent aggravated unlicensed operation of a motor vehicle and persistent driving while intoxicated offender.

Summary of Specific Provisions:

§ 1. The penal law is amended by adding new section 270.40 to establishes the crime of persistent aggravated unlicensed operation of a motor vehicle which provides that any person guilty of such crime shall be guilty of a class D felony. This new section of the Penal Law increases penalties for drivers who habitually operate motor vehicles with suspended or revoked licenses arising out of alcohol incidents where the driver previously operated a motor vehicle under the influence of alcohol.

§ 2. § 511(3)(a)(iii) and § 511(3)(a)(iv) of the vehicle and traffic law is repealed.

§ 3. The penal law is amended by adding new section 270.45 which establishes the new crime of persistent driving while intoxicated, which shall be a class C felony. This new section of the penal law increases prison sentences and penalties for drivers who are convicted of habitually operating motor vehicles under the influence of alcohol and have three or more previous DWI convictions within the last fifteen years.

§ 4. § 1194(2)(d)(2) of the vehicle and traffic law is amended to increase the applicable civil penalties and fines.

§ 5. § 511(3)(b) of the vehicle and traffic law is amended to increase the applicable civil penalties and fines

§ 6. Clauses (b), (c), (d) and (e) of subparagraph 12 of paragraph (b) of subdivision 2 of section 1193 of the vehicle and traffic law are repealed and clause (f) is relettered clause (b).

§ 7. § 125.13 of the penal law is amended to increase vehicular manslaughter to a class B felony.

§ 8. § 70.02(1)(a) of the penal law is amended to include aggravated vehicular homicide as a class B violent felony offense.

§ 9. § 120.03 of the penal law is amended to increase vehicular assault in the second degree from a class E felony, to a class D felony.

§ 10. § 120.04 of the penal law is amended to increase vehicular assault in the first degree from a class D felony, to a class C felony.

§ 11. § 120.04-a of the penal law is amended to increase aggravated vehicular assault from a class C felony, to a class B felony.

§ 12. Effective date.

Justification:

Driving while intoxicated (DWI) is a serious crime that can result in grievous injuries or death. Enhanced DWI laws that treat this crime as a public safety issue are required to protect innocent citizens. This Bill provides enhanced civil penalties and revocations for repeat DWI offenders and provides prosecutors with new tools and charges in the Public Safety chapters of the Penal Law to combat repeated DWI offenders and those operators of motor vehicles who persistently operate motor vehicles under license suspension or revocation due to previous DWI offenses.

The Institute for Traffic Safety Management and Research issued a report in 2011 indicating that approximately 21.6% of convicted drunk drivers in New York will re-offend and suffer a subsequent conviction. As some of the most dangerous drivers on our roads, this tendency of convicted DWI offenders to re-offend significantly increases the likelihood that their driving drunk will result in serious injuries or death to innocent victims.

Stephen Hilyer II, of Waterloo, New York is one such innocent victim. Mr. Hilyer was struck and killed by a truck driven by John Smith a multiple convicted DWI offender. Smith had a criminal history that included 7 arrests for DWI spanning 1977-2006.

This legislation provides significant enhancement of prison sentences for persistent DWI offenders and additional penalties such as permanent revocation of license and increased fines. DWI is a crime that requires these severe penalties for persistent offenders to keep them off our roads.

Prior Legislative History:

None

Fiscal Implications:

None.

Effective Date:

The first of November next succeeding the date on which it shall become law. Each conviction qualifying as a predicate, prior offense,

or triggering conviction must take place after the effective date of this act.