S T A T E   O F   N E W   Y O R K
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                                  6979

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2009
                               ___________

Introduced by M. of A. SALADINO -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to amend the vehicle and traffic law, in relation to increasing
  the period of license suspension for certain DWI offenses and  requir-
  ing attendance at an alcohol and drug rehabilitation program

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

  Section 1. Subparagraphs 2 and 3 of paragraph (b) of subdivision 2  of
section  1193  of the vehicle and traffic law, as amended by chapter 732
of the laws of 2006, are amended to read as follows:
  (2) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug  or  drugs;  aggravated  driving  while  intoxicated.  [Six
months]  (A)  ONE  YEAR, where the holder is convicted of a violation of
subdivision two, TWO-A, three, four or four-a of section eleven  hundred
ninety-two of this article.
  (B)  One  year  AND  SIX  MONTHS,  where  the holder is convicted of a
violation of subdivision TWO, two-a, THREE, FOUR OR  FOUR-A  of  section
eleven hundred ninety-two of this article AND A CHILD OF LESS THAN THIR-
TEEN  YEARS  OF  AGE  WAS A PASSENGER OF THE VEHICLE AT THE TIME OF SUCH
OFFENSE.
  (3) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug or  drugs;  aggravated  driving  while  intoxicated;  prior
offense.  [One  year]  (A) TWO YEARS, where the holder is convicted of a
violation of subdivision two, TWO-A, three, four or  four-a  of  section
eleven  hundred ninety-two of this article committed within ten years of
a conviction for a violation of subdivision two, TWO-A, three,  four  or
four-a of section eleven hundred ninety-two of this article.
  [Eighteen  months]  (B)  TWO YEARS AND SIX MONTHS, where the holder is
convicted of a violation of  subdivision  TWO,  two-a,  THREE,  FOUR  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08330-01-9
              

A. 6979                             2

FOUR-A  of  section  eleven hundred ninety-two of this article committed
within ten years of a conviction for a  violation  of  subdivision  two,
two-a,  three,  four  or  four-a of section eleven hundred ninety-two of
this article[; or where the holder is convicted of a violation of subdi-
vision  two,  three, four or four-a of section eleven hundred ninety-two
of this article committed  within  ten  years  of  a  conviction  for  a
violation  of  subdivision two-a of section eleven hundred ninety-two of
this article] AND A CHILD OF LESS THAN  THIRTEEN  YEARS  OF  AGE  WAS  A
PASSENGER OF THE VEHICLE AT THE TIME OF SUCH OFFENSE.
  S  2. Subdivision 4 of section 1196 of the vehicle and traffic law, as
amended by chapter 196 of the laws  of  1996,  is  amended  to  read  as
follows:
  4.  Eligibility.  Participation  in the program shall be [limited to]
MANDATORY FOR those persons convicted of alcohol or drug-related traffic
offenses [or persons who], have been adjudicated youthful offenders  for
alcohol  or  drug-related  traffic offenses [,] or persons found to have
been operating a motor vehicle after having consumed alcohol,  DRUGS  OR
ALCOHOL AND DRUGS in violation of section eleven hundred ninety-two-a of
this  article[,  who  choose to participate and who satisfy the criteria
and meet the requirements  for  participation  as  established  by  this
section  and  the regulations promulgated thereunder; provided, however,
in the exercise of discretion, the judge imposing sentence may  prohibit
the defendant from enrolling in such program. The commissioner or deputy
may  exercise  discretion,  to  reject  any  person  from  participation
referred to such program and nothing herein contained shall be construed
as creating a right to be included in any course or program  established
under  this section.   In addition, no person shall be permitted to take
part in such program if, during the  five  years  immediately  preceding
commission of an alcohol or drug-related traffic offense or a finding of
a violation of section eleven hundred ninety-two-a of this article, such
person  has participated in a program established pursuant to this arti-
cle or been convicted of a violation of any subdivision of section elev-
en hundred ninety-two of this article other than a  violation  committed
prior  to  November first, nineteen hundred eighty-eight, for which such
person  did  not  participate  in  such  program.  In  the  exercise  of
discretion,  the  commissioner or a deputy shall have the right to expel
any participant from the program who fails to satisfy  the  requirements
for participation in such program or who fails to satisfactorily partic-
ipate  in  or  attend  any  aspect of such program]. Notwithstanding any
contrary provisions of this chapter, satisfactory participation  in  and
completion  of  a course in such program shall result in the termination
of any sentence of imprisonment that may have been imposed by reason  of
a conviction therefor; provided, however, that nothing contained in this
section shall delay the commencement of such sentence.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.