What's happening
This bill amends New York law to treat certain vehicle and traffic law felonies and misdemeanors the same as penal law offenses for repeat offender sentencing.
Why it matters
Expands "repeat offender" status. to include felony and certain misdemeanor convictions under the Vehicle and Traffic Law, not just the Penal Law, making it easier for prosecutors to seek harsher sentences for those with prior serious driving-related convictions.
Targets repeat dangerous drivers. by ensuring that those convicted of serious vehicle offenses (like felony DWI or vehicular assault) face the same repeat-offender sentencing consequences as those who commit other felonies.
Affects plea bargaining and criminal records. by treating vehicle and traffic law misdemeanors the same as penal law misdemeanors for purposes of repeat offender provisions, potentially increasing the stakes for individuals with prior driving-related convictions.
Signals a policy shift. toward treating serious traffic crimes with the same gravity as other criminal offenses, which could lead to longer sentences and more significant long-term impacts for those with multiple convictions involving driving offenses.
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Who cares
Headline styles
Tougher Penalties for Repeat Drivers
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
695
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. L. 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
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. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02469-01-9
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.