What's happening
This bill expands penalties and procedures for repeat vehicular offenders and drugged driving, and updates related legal definitions and processes.
Why it matters
Expands “second felony offender” status. to include those convicted under the vehicle and traffic law, which means repeat offenders of serious vehicular crimes (not just violent ones) can face harsher sentencing as felons, raising the stakes for repeat dangerous driving.
Broadens legal definitions for drug impairment. by replacing a narrow list of drugs with “any drug or impairing substance,” making it easier to prosecute drivers impaired by new or synthetic drugs not previously covered under existing law.
Requires immediate license suspension for drug-impaired drivers pending prosecution. , aligning the treatment of drugged driving with that of drunk driving and potentially improving public safety by getting high-risk drivers off the road sooner.
Updates speedy trial exemptions to include more vehicular homicide offenses. , which could allow prosecutors more time to build complex cases against those accused of causing death by dangerous driving, potentially leading to more thorough investigations and stronger prosecutions.
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Who cares
Headline styles
Tougher Rules for Repeat Drivers
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
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.
Crack Down on Dangerous Drivers
In Senate Committee · Codes · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4855
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Codes
AN ACT to amend the penal law and the criminal procedure law, in relation to repeat offenders of driving accidents; to amend the vehicle and traffic law, in relation to drugged driving; and to amend the criminal procedure law, in relation to speedy trials and certain vehicular crimes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 1 of section 70.06 of the penal law, as amended by chapter 410 of the laws of 1979, is amended to read as follows:
(a) A second felony offender is a person, other than a second violent felony offender as defined in section 70.04, who stands convicted of a felony defined in this chapter or in the vehicle and traffic law, other than a class A-I felony, after having previously been subjected to one or more predicate felony convictions as defined in paragraph (b) of this subdivision.
§ 2. Paragraphs (b) and (c) of subdivision 1 of section 160.10 of the criminal procedure law, as amended by chapter 762 of the laws of 1971, are amended to read as follows:
(b) A misdemeanor defined in the penal law or the vehicle and traffic law; or
(c) A misdemeanor defined outside the penal law or the vehicle and traffic law which would constitute a felony if such person had a previous judgment of conviction for a crime; or
§ 3. Section 114-a of the vehicle and traffic law, as added by chapter 163 of the laws of 1973, is amended to read as follows:
§ 114-a. Drug. The term "drug" when used in this chapter, means [and includes any substance listed in section thirty-three hundred six of the public health law] any drug or impairing substance.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05421-01-7
A. 4855 2
§ 4. Paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law is amended by adding a new subparagraph 8 to read as follows:
(8) Suspension pending prosecution; drug impairment. Except as provided in clause a-1 of subparagraph seven of this paragraph, a court shall suspend a driver's license, pending prosecution, of any person charged with a violation of subdivision four or four-a of section eleven hundred ninety-two of this article who, at the time of arrest, is alleged to have been ability impaired by drugs.
§ 5. Paragraph (a) of subdivision 3 of section 30.30 of the criminal procedure law, as amended by chapter 93 of the laws of 2006, is amended to read as follows:
(a) Subdivisions one and two do not apply to a criminal action wherein the defendant is accused of an offense defined in sections 125.10, 125.12, 125.13, 125.14, 125.15, 125.20, 125.25, 125.26 and 125.27 of the penal law.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.