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Wednesday, May 17, 2000
The New York State Senate today passed a comprehensive package of DWI legislation which will discourage people from driving under the influence of drugs or alcohol. The legislation would help keep New York's roads safe by increasing penalties for people who supply alcohol to minors and also by increasing penalties for repeat offenders.
"Through stiff penalties, these tough laws will crack down on people who sell and supply minors with alcohol. My colleagues and I in the Senate Majority are committed to improving public safety by strengthening DWI laws and keeping alcoholic beverages out of the hands of minors," Senate Majority Leader Joseph L. Bruno (R-C, Brunswick) said. "These bills will continue to build on the Senate Majority's strong record of fighting DWI and improving safety on our roadways."
A bill, (S.971) sponsored by Senate Deputy Majority Leader Dean G. Skelos (R-C, Rockville Centre), would give appropriate weight to initial and prior out-of-state DWI convictions by individuals under the age of twenty one. Prior out-of-state DWI convictions shall be considered to be the same offense classification in New York State as in the state where the conviction is classified at the same level of severity.
"It doesn't matter where DWI offenses occur, this previous history should be taken into consideration when drunk drivers are sentenced in New York State," said Senator Skelos. "This is commonsense legislation that helps remove repeat DWI offenders from our roadways and protects families."
The bill, (S.3874A) sponsored by Senator Patricia McGee (R-C, Franklinville), would add repeated sales of alcohol to minors as justification for mandatory revocation of a liquor license. The legislation would mandate revocation of a liquor license where three or more adjudications of alcohol sales to a minor have been made within any consecutive 2 year period.
"It is not unreasonable to require people who make their living selling alcohol to vigorously check ID in order to combat underage drinking," said Senator McGee. "This bill
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does not penalize those who are doing what they are supposed to, but rather those who are repeatedly caught knowingly selling to minors and are essentially the source of the problem."
A bill, (S.2096) sponsored by Senator Thomas W. Libous (R-C, Binghamton) would create the crime of unlawfully providing a child with a large quantity of alcoholic beverages. The legislation would hike the penalties against people who provide large amounts of alcohol to underage drinkers.
"It's wrong to give a minor a 12 ounce can of beer, but it can be deadly to give kids a 15 gallon keg of beer. Unfortunately, current penalties don't parallel the crime," said Senator Libous. "By creating the crime of 'unlawfully providing a minor with alcohol', a Class E felony, we can protect our kids from alcohol by punishing the adults that provide it to them. We must send a clear message that kegs and kids don't mix."
The other bills passed would:
*(S.2347, Senator DeFrancisco) Provide courts with flexible suspension periods for Boating While Intoxicated and reckless vessel operation offenses. A suspension of operating privileges late in the boating season is not as much of an inconvenience as it would be early in the season. Giving the court the option of extending a suspension period into the next boating season will allow the court to impose a true suspension of boater privileges.
*(S.5836, Senator McGee) Bring all vessels equipped with motors, including sailboats on which motors are used on an auxiliary basis, under the boating while intoxicated laws. This legislation will amend the "boating while intoxicated" and "zero tolerance" provisions of the Navigation Law, and will deter more boaters from operating under the influence of alcohol.
*(S.7030A, Senator McGee) Extend expiring laws related to the suspension and revocation of a driver's license upon conviction of drug related offenses. Current law provides that a person convicted of drug related offenses has his driver's license suspended or revoked for 6 months. Current law also provides that a person charged with DWI who is alleged to have 10% or more of alcohol in his blood has his license suspended at arraignment.
*(S.7365, Senator McGee) Eliminate requirement of the "intent to consume" an open container of alcohol in vehicle. This legislation would clarify New York's existing open container law. Current New York law which contains "with intent to consume" and "operating vehicle on public highway" does not conform to required federal language for designation as an Open Container Statute.
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