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S798Senate2019-2020 SessionSame asA1257

Crack Down on Repeat Drivers

Official title

“Relates to repeat offenders of driving accidents”

Sponsor Andrew J. LanzaSD-24Affects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill expands penalties and procedures for repeat driving offenders and drug-impaired drivers, and amends related criminal and traffic laws.

Why it matters

  1. Broadens repeat felony offender status. to include those convicted under vehicle and traffic law felonies (not just penal law), meaning repeat dangerous drivers could face harsher sentencing similar to other repeat felons.

  2. Expands definition of "drug". for traffic offenses to include any drug or impairing substance, not just those specifically listed in public health law—potentially increasing prosecutions for impaired driving due to a wider range of substances.

  3. Mandates automatic license suspension pending prosecution. for individuals charged with drug-impaired driving, making it harder for alleged offenders to continue driving while awaiting trial and potentially reducing immediate public safety risks.

  4. Alters speedy trial provisions. to specifically exclude certain vehicular homicide offenses from standard deadlines, which could give prosecutors more time to build cases in serious vehicular crime prosecutions, possibly leading to more thorough investigations and stronger cases.

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Who cares

Headline styles

Crack Down on Repeat Drivers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Andrew J. Lanza

Senator · Senate District 24

No co-sponsors yet.

History

  1. Referred to codes
  2. 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.

A1257Assembly

Crack Down on Repeat Drivers

In Assembly Committee · Codes · Sponsor Linda Rosenthal

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

798

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

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:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03383-01-9

S. 798 2

§ 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.

§ 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 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 crimi- nal 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

2018:S.4394- Referred to Codes / A.4855- Referred to Codes

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.9296 of 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.