Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 23, 2012 |
held for consideration in transportation |
Jan 04, 2012 |
referred to transportation |
Mar 09, 2011 |
referred to transportation |
Assembly Bill A6196
2011-2012 Legislative Session
Sponsored By
AMEDORE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Louis Tobacco
Clifford Crouch
Brian Kolb
multi-Sponsors
Tony Jordan
Philip Palmesano
2011-A6196 (ACTIVE) - Details
2011-A6196 (ACTIVE) - Summary
Limits options for plea bargaining for repeat driving while under the influence of drugs or alcohol offenders by precluding the plea to a lesser offense where the offender has been convicted of a driving while under the influence of drugs or alcohol offense within the previous 10 years.
2011-A6196 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6196 2011-2012 Regular Sessions I N A S S E M B L Y March 9, 2011 ___________ Introduced by M. of A. AMEDORE, TOBACCO, CROUCH, KOLB -- Multi-Sponsored by -- M. of A. JORDAN, PALMESANO -- read once and referred 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 ASSEM- BLY, 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 DISPOSI- TION 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07072-01-1
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