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Tuesday, May 6, 2003
State Senate Majority Leader Joseph L. Bruno said today that the Senate plans to act on a comprehensive package of bills next week that would put in place stronger criminal penalties for repeat drunk drivers, especially drunk drivers that cause serious injuries. The bills would also close legal loopholes that allow drunk drivers to escape conviction and punishment and expand the .08 blood alcohol standards to additional types of vehicles.
These DWI bills are in addition to a measure that was passed by the Legislature as part of the 2003-04 state budget, that moves up the effective date of the .08 BAC law to July 1, 2003 in order to ensure the receipt of $15 million in federal highway assistance next year. Moving up the date also makes New York State eligible to receive an estimated $7 million in federal incentive grants tied to establishment of the .08 standard.
"The Senate�s proposals build on the .08 and repeat DWI offender laws we enacted last December," Senator Bruno said. "There is still a lot of work that needs to be done to strengthen our DWI laws to ensure that drunk drivers cannot escape punishment through legal loopholes and that drunk drivers who injure or kill innocent victims receive the stiffest penalties possible. I urge the Assembly to join us in passing these bills and finish the job of reforming our DWI laws that we began last year."
"I am pleased to see the Senate moving forward with the DWI Omnibus Act, a comprehensive piece of legislation that will certainly help in preventing the horrific consequences of driving while under the influence of alcohol and drugs," Senator Patricia McGee, Chair of the Senate Committee on Alcoholism and Drug Abuse, said. "This package of legislation ensures that drunk drivers who cause personal injury or death to others are sufficiently punished for their selfish actions. Our legislation will create new crimes and make important reforms to the crimes of Vehicular Assault and Vehicular Manslaughter by allowing for the imposition of consecutive sentences. These tough new penalties will ultimately save lives by removing drunk drivers from our highways."
The Senate plans on acting on the following legislation:
Pena Herrera DWI Omnibus Act of 2003- (Sen. McGee)
Last year the Senate passed legislation that sought to toughen penalties for DWI. Many of these measures are included in this bill, which was submitted as a Governor�s Program Bill in response to the tragic accident, that claimed the lives of the young Herrera family in Sunset Park, Brooklyn in 2001, at the hands of former Police Officer Joseph Gray, who was convicted of manslaughter for running into the family with his van after a day of heavy drinking.
Provisions of the omnibus bill include:
> Consecutive Sentences and Stiffer Penalties for DWI/Vehicular Manslaughter
> Allow for consecutive sentences if more than one person is injured or killed as a result of a single criminal act.
> Increase penalties for first-degree Vehicular Manslaughter from a Class C felony, punishable by up to 15 years in prison, to a Class B felony, punishable by up to 25 years in prison, and increase penalties for second-degree Vehicular Manslaughter from a Class D felony, punishable by up to 7 years in prison, to a Class C felony, punishable by up to 15 years in prison.
> Remove the requirement under current law that prosecutors prove criminal negligence when prosecuting cases of Vehicular Manslaughter in the Second Degree and Vehicular Assault in the Second Degree for causing death or serious physical injury while driving in an intoxicated condition.
> Create a new Class B felony crime, punishable by up to 25 years in prison, committed when a person operates a vehicle in violation of the speed limit, knowing that he or she is being pursued by a police officer, and thereby causes the death of another person.
> Create a new Class C felony crime, punishable by up to 15 years in prison, committed when a person operates a vehicle in violation of the speed limit, knowing he or she is being pursued by a police officer, and causes serious physical injury to another person.
> Even the scales of justice by extending to the prosecution the right to appeal bail decisions, comparable to the right long-enjoyed by defendants. Federal prosecutors and most other state prosecutors have this right.
> Creation of the new offenses of Aggravated Driving While Intoxicated for drunk drivers with a BAC at .20 or higher, two and a half times the legal BAC limit in the State.
LONGER LICENSE REVOCATION FOR REPEAT OFFENDERS (Sen. Maziarz)
Current law requires that a person�s license be revoked for one year for drivers with more than one DWI in a ten year period.
This bill increases the period of revocation for repeat offenders from one year to two years for drivers convicted of one prior DWI violation, and from one year to four years for drivers with two or more prior DWI convictions within ten years. In addition, during any period of license revocation, the registration of each motor vehicle owned by such person will be revoked.
The bill also provides the sentencing court with the authority to require the installation of an interlock ignition device, in cases where an "undue hardship" exists for an individual other than the person sentenced, as a result of the registration revocation.
"We are sending a strong message to those who choose to drink and drive repeatedly," said Senator Maziarz. "The message is loud and clear: driving is a privilege, and with privilege comes responsibility. If you don�t act responsibly, you will lose that privilege for a very long time. Not a single person�s life should remain at risk from drivers who choose to get behind the wheel of a car while they are intoxicated. Last year we passed historic legislation to better protect law-abiding motorists by keeping repeat drunk drivers off the road. This bill continues that trend."
CREATE THE CRIMES OF AGGRAVATED VEHICULAR ASSAULT AND VEHICULAR MURDER (Sen. Robach)
This bill would establish the new crime of "Aggravated Vehicular Assault." A person is guilty of this crime when a person recklessly causes serious physical injury to another person while operating a motor vehicle, vessel or public vessel, snowmobile or all terrain vehicle while intoxicated or under the influence of drugs. Aggravated vehicular assault would be a class C felony.
In addition, this bill would establish the new crime of "Vehicular Murder." A person is guilty of this crime when a person recklessly causes the death of another person while operating a motor vehicle, vessel or public vessel, snowmobile or all terrain vehicle while intoxicated or under the influence of drugs. Vehicular murder would be a class B felony.
"Anytime you operate a vehicle under the influence of alcohol, regardless of what type of vehicle it is, you turn that vehicle into a dangerous weapon that could kill or injure innocent victims," Senator Joseph Robach (R, Rochester), said. "This bill would put in place tough penalties that would help deter people from operating a vehicle while drunk and punish people who do."
INCREASED FINES FOR REPEAT OFFENSES OF DRIVING UNDER INFLUENCE OF DRUGS & ALCOHOL (Sen. Fuschillo)
Provides that a person convicted of DWI, DWAI-drugs or DWAI by a combination of drugs and alcohol, after having been convicted of either offense, or of vehicular assault, or vehicular manslaughter, aggravated vehicular assault or vehicular murder within the previous ten years, shall be punished by a fine of not less than $2500 rather than the current minimum fine of $1000. If a person has been convicted twice of any of these combinations of crimes, the fine would be increased to $5000 rather than the current minimum fine of $2000.
"When a person drives under the combined influence of drugs and alcohol, he becomes even more lethal when behind the wheel," Senator Charles Fuschillo (R-C, Merrick) said. "Because current law can only punish for driving while drunk or on drugs individually, my legislation would allow for a strong penalty for their combined use. The state has made great advancements in the fight against drunk driving, including the lowering of the state�s BAC level to .08, and increased crimes for the combined use of alcohol and drugs will again strengthen our ability to make our roads safe."
LIMITING PLEA BARGAINING - (S.495, Sen. Johnson)
Under current law, offenders may continually plead to driving while ability impaired (DWAI) from a DWI charge, and to non-alcohol related offenses from a DWAI charge. For example, an individual previously charged with DWAI, but who was allowed to plead guilty to a non-alcohol related charge, will at present not be identified or punished as a repeat offender upon re-arrest.
This bill closes existing "loopholes" in the law by precluding plea bargaining from DWI to DWAI, and from DWAI to a non-alcohol offense, for offenders with a previous DWI or DWAI conviction within 10 years.
"Those who repeatedly drive while intoxicated and place others lives in danger should be prohibited from pleading down to a lesser offense and receiving little more than a slap on the wrist," said Senator Owen H. Johnson. "By eliminating this sort of plea bargaining, this legislation would ensure that those who repeatedly drive while intoxicated are identified and appropriately punished."
PERMANENT LICENSE REVOCATION FOR REPEAT DWI (S.1262, Sen. McGee)
This bill requires the permanent revocation of the driver's license upon conviction for repeat driving while intoxicated (DWI), driving while ability impaired (DWAI) by alcohol or drugs, or multiple refusals to submit to a chemical test, if such person has: within the previous 5 years, been twice convicted of DWI or DWAI, or of a Penal Law offense for which either DWI or DWAI is an essential element, or has twice been found to have refused to submit to a chemical test, or has any combination of 2 such convictions and findings of refusal not arising out of the same incident; or within the previous 10 years, has any combination of 3 such convictions or refusals not arising out of the same incident.
REQUIRE SCHOOL BUS DRIVERS INVOLVED IN ACCIDENTS TO SUBMIT TO BREATH TESTS (S.2860A, Sen. McGee)
Current law requires an operator of a motor vehicle involved in an accident to, at the request of a police officer, submit to a breath screening test to determine whether or not he or she has consumed alcohol. The police officer therefore has discretion in deciding whether a test should be administered. This bill requires every operator of a school bus, which is involved in an accident where there is death or personal injury, to submit to a breath test to determine the alcohol content of his or her blood. If the breath test indicates alcohol, the operator shall then be requested to submit to a chemical test for alcohol.
INCREASE LICENSE REVOCATION FOR FAILURE TO SUBMIT TO CHEMICAL TEST (S.45, Sen. Alesi)
Current law requires an operator's license to be suspended for six months for a refusal to take a chemical test and one year where the operator has a prior refusal or prior conviction of an alcohol related driving offense. This bill increases the minimum length a driver's license can be revoked for refusal to submit to a chemical test, from six months to one year for a first offense.
Additionally, the bill extends the minimum revocation period, from one year to eighteen months, in any case where the person has had a prior revocation resulting from refusal to submit to a chemical test, or has been convicted of or found to be in violation of driving while intoxicated or driving while the ability is impaired by alcohol or drugs within the 5 years immediately proceeding the date of such revocation.
In addition the Senate will act on bills that apply the .08 BAC standard to boating while intoxicated, snowmobiling while intoxicated and to commercial drivers.
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