S T A T E   O F   N E W   Y O R K
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                                  8650

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 2, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS, PAULIN, DenDEKKER, HOOPER, COLTON,
  HOYT, GUNTHER, ALESSI, SPANO, DelMONTE -- Multi-Sponsored by -- M.  of
  A.  CASTRO, GALEF, JAFFEE, JOHN, LANCMAN, MAYERSOHN, MILLMAN, SCHIMEL,
  TITONE, WEISENBERG -- read once  and  referred  to  the  Committee  on
  Transportation

AN  ACT  to  amend the vehicle and traffic law and the executive law, in
  relation to the imposition of a sentence  of  alcohol  and  controlled
  substance monitoring upon conviction of an alcohol-related offense

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1193 of the vehicle and traffic law is  amended  by
adding a new subdivision 1-b to read as follows:
  1-B.  ALCOHOL  AND CONTROLLED SUBSTANCE MONITORING. (A) IN ADDITION TO
ANY OTHER SANCTIONS PROVIDED BY  THIS  SECTION,  THE  COURT  SHALL  UPON
CONVICTION OF A PERSON OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE
OF  SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF  THIS ARTICLE, OR VEHICULAR
ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF  THE  PENAL
LAW,  OR  VEHICULAR  ASSAULT  IN  THE FIRST DEGREE AS DEFINED IN SECTION
120.04 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR ASSAULT AS  DEFINED  IN
SECTION  120.04-A  OF  THE  PENAL  LAW, OR VEHICULAR MANSLAUGHTER IN THE
SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, OR  VEHICU-
LAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14
OF  THE  PENAL LAW, WHEN SUCH COURT SENTENCES SUCH PERSON TO A PERIOD OF
PROBATION, MAKE A CONDITION OF SUCH PROBATION THE WEARING  OF  A  SECURE
CONTINUOUS  REMOTE ALCOHOL MONITOR FOR THE DETECTION OF THE USE OF ALCO-
HOL OR A CONTROLLED SUBSTANCE BY THE SENTENCED PERSON; PROVIDED,  HOWEV-
ER,  SUCH  COURT SHALL NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY
ANY SUCH PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE  A  MOTOR  VEHICLE
HAS BEEN SUSPENDED OR REVOKED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10153-02-9

              

A. 8650                             2

  (B) A COURT SHALL CONDITION ANY BOND OR PRE-TRIAL RELEASE FOR A CHARGE
OF  ANY OF THE OFFENSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION UPON
THE WEARING OF A SECURE  CONTINUOUS  REMOTE  ALCOHOL  MONITOR,  AND  THE
PAYMENT  OF  THE  ASSOCIATED  COSTS AND EXPENSES. FURTHERMORE, THE COURT
SHALL  CONDITION  THE  SUSPENDED  IMPOSITION  OF  SENTENCE  OR SUSPENDED
EXECUTION OF SENTENCE UPON SUCH WEARING, AND THE PAYMENT OF THE  ASSOCI-
ATED  COSTS  AND  EXPENSES.  A COURT MAY WAIVE A FINE OR BOND IN LIEU OF
PARTICIPATION IN THE ALCOHOL AND CONTROLLED SUBSTANCE MONITORING  ESTAB-
LISHED  PURSUANT TO THIS SUBDIVISION. IN ADDITION, A COURT MAY WAIVE THE
PAYMENT OF THE ASSOCIATED COST AND EXPENSE OF  SUCH  PROGRAM  WHERE  THE
PROBATIONER OR DEFENDANT MEETS THE ELIGIBILITY REQUIREMENTS FOR A PUBLIC
DEFENDER.
  (C)  THE  FAILURE OF ANY PERSON TO COMPLY WITH THE REQUIREMENTS OF THE
ALCOHOL AND CONTROLLED SUBSTANCE MONITORING PROGRAM SHALL RESULT IN  THE
ISSUANCE  OF  A REVOCATION ORDER. NO PROVISION OF THIS SUBDIVISION SHALL
AUTHORIZE A COURT TO SENTENCE ANY PERSON TO A PERIOD  OF  PROBATION  FOR
SUBJECTING  HIM  OR  HER TO THE PROGRAM ESTABLISHED BY THIS SUBDIVISION,
UNLESS SUCH PERSON WOULD OTHERWISE HAVE BEEN ELIGIBLE TO BE SENTENCED TO
PROBATION.
  (D) EVERY PERSON SENTENCED PURSUANT TO THIS SUBDIVISION SHALL  PROVIDE
PROOF  OF  COMPLIANCE TO THE SENTENCING COURT IN SUCH MANNER AND AT SUCH
TIMES AS THE COURT SHALL REQUIRE.
  (E) ALL COSTS AND EXPENSES  COLLECTED  PURSUANT  TO  THIS  SUBDIVISION
SHALL  BE  PAID  IN  THE TREASURY OF THE COUNTY OR CITY OF NEW YORK, THE
PROCEEDS OF WHICH SHALL BE USED SOLELY  FOR  THE  PURPOSE  OF  DEFRAYING
RECURRING   COSTS   INCLUDING  MAINTAINING  EQUIPMENT,  FUNDING  SUPPORT
SERVICES AND ENSURING COMPLIANCE.
  S 2. Section 243 of the executive law  is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE ADMIN-
ISTRATION OF ALCOHOL AND CONTROLLED  SUBSTANCE  MONITORING  PURSUANT  TO
SUBDIVISION  ONE-B OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW. SUCH RULES AND REGULATIONS SHALL:
  (A) PROVIDE FOR PROCEDURES AND APPARATUS FOR  TESTING  THE  ELECTRONIC
MONITORING DEVICES;
  (B)  SET  PARTICIPATION  AND  USER FEES, PROVIDED, THAT SUCH USER FEES
SHALL NOT BE LESS THAN THE PRO RATA COST OF THE PURCHASE AND USE OF  THE
SECURE CONTINUOUS REMOTE ALCOHOL MONITOR; AND
  (C)  REQUIRE  THE  SUBMISSION  OF  REPORTS  AND  INFORMATION  BY LOCAL
PROBATION DEPARTMENTS.
  S 3. This act shall take effect immediately, except that  section  two
of  this  act  shall take effect on the first of January next succeeding
the date on which this act shall have become a law.