What's happening
This bill limits plea bargaining options for repeat DUI offenders, requiring guilty pleas to the original charge unless exceptions apply.
Why it matters
Reduces the ability of repeat DUI offenders to negotiate for lesser charges. , meaning those with a prior DUI conviction in the last ten years generally must plead guilty to the same type of DUI charge they were originally arrested for, rather than a lesser, unrelated offense.
Raises the stakes for repeat offenders by making it harder to avoid the penalties associated with DUI convictions. , which could result in harsher consequences such as longer license suspensions, higher fines, or mandatory jail time.
Introduces a safeguard by allowing exceptions only when the district attorney determines the evidence doesn’t support the DUI charge. in such cases, the court must officially record the reasons for accepting a plea to a lesser charge, increasing transparency and accountability in plea deals for repeat offenders.
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Who cares
Headline styles
Limit DUI Plea Deals
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2835
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 10 of section 1192 of the vehicle and traffic law is amended by adding two new paragraphs (e) and (f) to read as follows:
(e) In any case wherein the charge laid before the court alleges a violation of subdivision one of this section and the person so charged has been convicted of a violation of any subdivision of this section within the preceding ten years, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to the provisions of subdivision one of this section and no other disposition by plea of guilty to any other charge in satisfaction of such charge shall be authorized, provided, however, if the district attorney upon reviewing the available evidence determines that the charge of a violation of this section is not warranted, such district attorney may consent, and the court may allow a disposition by plea of guilty to another charge in satisfaction of such charge; provided, however, in all such cases, the court shall set forth upon the record the basis for such disposition.
(f) In any case wherein the charge laid before the court alleges a violation of subdivision two, three or four of this section and the person so charged has been convicted of a violation of any subdivision of this section within the preceding ten years, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to the provisions of subdivision two, three or four of this section and no other disposition by plea of guilty to any other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05900-01-7
S. 2835 2
charge in satisfaction of such charge shall be authorized, provided, however, if the district attorney upon reviewing the available evidence determines that the charge of a violation of this section is not warranted, such district attorney may consent, and the court may allow a disposition by plea of guilty to another charge in satisfaction of such charge; provided, however, in all such cases, the court shall set forth upon the record the basis for such disposition.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S.527 - Referred to Transportation 2013-14: S.848 - Referred to Transportation 2011-12: S.3367/A.6196 - Died in Transportation 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.