What's happening
This bill expands penalties and procedures for repeat and drug-impaired drivers, including license suspension and amends related legal definitions.
Why it matters
Broadens who can be considered a repeat felony offender. By including felonies in the vehicle and traffic law (not just the penal law), more individuals convicted of serious driving offenses (like repeat DWI or drugged driving) could face harsher sentencing as “second felony offenders,” increasing potential prison time.
Expands definition of ‘drug’ for impaired driving laws. The new language covers not just substances listed in the public health law, but any drug or impairing substance, potentially including many prescription medications or emerging synthetic drugs. This could result in more people being prosecuted for impaired driving under a wider range of substances.
Mandates license suspension for all alleged drug-impaired drivers during prosecution. Courts would be required to immediately suspend the license of anyone charged with drug-impaired driving, not just alcohol-related offenses. This means those accused would lose driving privileges before conviction, raising concerns about due process and impacts on daily life.
Speeds up prosecution and trial procedures for certain vehicular crimes. By expanding which vehicular crime charges are exempt from standard speedy trial rules, the bill could lead to longer pretrial detentions or delays in cases involving vehicular homicide/manslaughter, reflecting the state’s intent to treat these offenses more seriously.
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Who cares
Headline styles
Crack Down on Dangerous Drivers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-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.
Tougher Rules for Repeat Drivers
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4394
2017-2018 Regular Sessions
IN SENATE
February 13, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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
S. 4394 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.
Sponsor's memo
Title of bill
An act to amend the penal law and the criminal proce- dure 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
Purpose or general idea of bill
The purpose of this bill is to update the vehicle and traffic laws by permitting prosecutors to secure better decisions against repeat offen- ders of traffic laws.
Summary of specific provisions
Section one 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 two amends paragraph 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.
Section three amends section 114-a of the vehicle and traffic law, as added by chapter 163 of the laws of 1973.
Section four amends paragraph e of subdivision 2 of section 1193 of the vehicle and traffic law by adding a new subparagraph 8.
Section five amends paragraph a of subdivision 3 of section 30.30 of the criminal procedure law, as amended by chapter 93 of the laws of 2006.
Section six sets forth the effective date.
Justification
Each year, roughly 4,000 people are seriously injured and more than 250 people are killed in traffic collisions in New York City. Far too many families are suffering needlessly as a result of dangerous and reckless drivers who should not be on the roads.
Though some collisions are the result of human error, many are caused by dangerous and reckless drivers. Prosecution of dangerous and reckless drivers are hampered by out-of-date laws that do not provide prosecutors with the tools necessary to gather critical evidence in a timely manner and secure convictions that act as a deterrent. This legislation will ensure that prosecutors in New York State have the ability to get reck- less and dangerous drivers off the road.
Prior legislative history
2017: S.4394 - Referred to Codes/ A.4855 - Referred to Codes. 2016: S.5896 - Referred to Codes/A.1046- Referred to Codes. 2015: S.5896 - Referred to Rules/A.1046- Referred to Codes. A.9296of 2013-2014
Fiscal implications for state and local governments
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.