S T A T E O F N E W Y O R K
________________________________________________________________________
8420
2011-2012 Regular Sessions
I N A S S E M B L Y
June 15, 2011
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Introduced by M. of A. SALADINO, N. RIVERA, MALLIOTAKIS, McKEVITT,
CURRAN -- Multi-Sponsored by -- M. of A. CROUCH, McDONOUGH, RA, THIELE
-- read once and referred to the Committee 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, three, four or four-a OR PARAGRAPH (A) OF SUBDIVISION
TWO-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 PARAGRAPH (B) of subdivision two-a of section eleven
hundred ninety-two of this article.
(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, three, four or four-a OR PARAGRAPH (A) OF
SUBDIVISION TWO-A of section eleven hundred ninety-two of this article
committed within ten years of a conviction for a violation of subdivi-
sion two, TWO-A, three, four or four-a of section eleven hundred nine-
ty-two of this article.
[Eighteen months] (B) TWO YEARS AND SIX MONTHS, where the holder is
convicted of a violation of PARAGRAPH (B) OF subdivision two-a of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09012-01-1
A. 8420 2
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 subdivision 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 subdivi-
sion two-a of section eleven hundred ninety-two of this article].
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.