Relates to enacting Vince's law

BILL NUMBER:S7108

Title of bill

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

Purpose or general idea of bill

To enact Vince's Law to extend then period of time in which multiple driving while intoxicated convictions can occur in order to be a felony.

Summary of specific provisions

Section 1 - creates the law known as "Vince's Law."

Section 2 - adds a new subparagraph (ii-a) to paragraph (c) of subdivision one of Section 1193 of the Vehicle and Traffic Law.

Section 3 -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 driver's 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.

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 the issue of persistent drunk drivers by requiring those convicted of subsequent DWI offenses to face increased penalties.

Prior legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to violations occurring on and after such date.