Wednesday August 12, 2009, 2:33 pm
""A child in a car driven by a drunk driver is a defenseless hostage in a dangerous situation," Fuschillo said in a statement. "Most children are too young to take the keys away or call a cab. Individuals who are responsible for protecting a child's safety need to face higher penalties when their reckless actions put that child in harm's way."

The bill's introduction comes three weeks after the horrifying accident on the Taconic State Parkway caused by Diane Schuler, who according to an autopsy report had a large amount of alcohol and marijuana in her system. On the afternoon of July 26, Schuler's minivan was driving the wrong way on the divided roadway when it collided with an SUV, killing Schuler, her 2-year-old daughter and three nieces (ages 5, 7 and 8) as well as three men in the other vehicle.

Schuler lived in West Babylon, Suffolk County; a small portion of the town falls within Fuschillo's Long Island district.

Fuschillo's bill, which has been referred to the Senate Rules Committee, includes provisions that would:

-- Make it a class E felony to drive drunk with a child under the age of 16 in the car; violators would face up to four years in prison and/or a fine of up to $5,000;

-- Expand the state's aggravated vehicular homicide law to include drunk drivers who kill a child under the age of 16. In addition, it would raise the penalty for aggravated vehicular homicide to a class B violent felony punishable by up to 25 years in prison;

-- Expand the state's aggravated vehicular assault law to include drunk drivers who seriously injure a child under the age of 16, and raise the penalty for aggravated vehicular assault to a class C violent felony punishable by up to 15 years in prison.

Fuschillo's bill received the support of Nassau County District Attorney Kathleen Rice, who secured a sentence of 18 years to life for Martin Heidgen, the drunk driver whose July 2005 wrong-way excursion on a Long Island expressway killed two people, including a 7-year-old girl returning from a family wedding.

Rice called the bill "common-sense legislation" that would "keep New York at the forefront of our nation's fight against drunk and drugged driving."

Wednesday August 12, 2009, 2:34 pm
This is great news..and much need legislation..It is about time..

Thursday August 13, 2009, 1:03 am
Noted, I totally agree w/ you Dee. Thanks for sharing.

Thursday August 13, 2009, 1:25 am
Will this apply to Judge's and other elected officials for a change!?

Thursday August 13, 2009, 4:28 am
Of course the state senator is correct. Thanks Deed

Thursday August 13, 2009, 7:15 am
I agree they need to make these laws tougher alchohol abuse destroys families, and kills.
Thank you Dee

Thursday August 13, 2009, 2:57 pm
I totally agree. No slap on the hand for drunk drivers. They KILL.
Tx Dee

Friday August 14, 2009, 10:25 pm
This is long long overdue..Very glad to see this being pushed now..