NY State Senate Bill 2019-S798

Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S798 (ACTIVE) - Details

See Assembly Version of this Bill:: A1257
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §70.06, Pen L; amd §§160.10 & 30.30, CP L; amd §§114-a & 1193, V & T L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A9296
2015-2016: S5896, A1046
2017-2018: S4394, A4855
2021-2022: S4298, A1551
2023-2024: S6233

2019-S798 (ACTIVE) - Summary

Relates to repeat offenders of driving accidents; relates to driving while ability is impaired by drugs; relates to speedy trials and certain vehicular crimes.

2019-S798 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S798

SPONSOR: LANZA
 
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.

2019-S798 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    798
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (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 vehi-
   cle 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  ASSEM-
 BLY, 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 previ-
 ous 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.

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Senate Bill S798

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S798 (ACTIVE) - Details

2019-S798 (ACTIVE) - Summary

2019-S798 (ACTIVE) - Sponsor Memo

2019-S798 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S798

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S798 (ACTIVE) - Details

2019-S798 (ACTIVE) - Summary

2019-S798 (ACTIVE) - Sponsor Memo

2019-S798 (ACTIVE) - Bill Text download pdf

Comments