 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2629
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to  the  penal-
          ties  for operating a motor vehicle while under the influence of alco-
          hol or drugs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 1193 of the vehi-
     2  cle  and  traffic  law, as amended by chapter 75 of the laws of 1994, is
     3  amended to read as follows:
     4    (a) Driving while ability impaired. A violation of subdivision one  of
     5  section  eleven  hundred  ninety-two  of this article shall be a traffic
     6  infraction and shall be punishable by a fine  of  not  less  than  three
     7  hundred dollars nor more than five hundred dollars or by imprisonment in
     8  a penitentiary or county jail for not more than fifteen days, or by both
     9  such fine and imprisonment. A person who operates a vehicle in violation
    10  of  such  subdivision  after having been convicted of a violation of any
    11  subdivision of section eleven hundred ninety-two of this article  within
    12  the  preceding five years shall be guilty of a misdemeanor, and shall be
    13  punished by a fine of not less than [five] seven hundred  fifty  dollars
    14  nor  more  than [seven hundred fifty] one thousand dollars, or by impri-
    15  sonment of not more than [thirty] ninety days in a penitentiary or coun-
    16  ty jail or by both such fine and imprisonment. A person who  operates  a
    17  vehicle in violation of such subdivision after having been convicted two
    18  or  more  times  of  a  violation  of  any subdivision of section eleven
    19  hundred ninety-two of this article within the preceding ten years  shall
    20  be  guilty of a misdemeanor, and shall be punished by a fine of not less
    21  than [seven hundred fifty] one thousand dollars nor more  than  [fifteen
    22  hundred]  two  thousand dollars, or by imprisonment of not more than one
    23  hundred eighty days in a penitentiary or county jail  or  by  both  such
    24  fine and imprisonment.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00147-01-9
Increases penalties for driving while ability impaired

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