S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2669
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06963-01-7

 S. 2669                             2
 
 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.
   §  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.
   §  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.