senate Bill S2516

2011-2012 Legislative Session

Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to transportation
Jan 24, 2011 referred to transportation

S2516 - Details

See Assembly Version of this Bill:
A3997
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §243, Exec L
Versions Introduced in 2009-2010 Legislative Session:
A8650

S2516 - Summary

Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition thereof shall be alcohol and controlled substance monitoring by the probation department; such monitoring shall be by means of the use of a secure continuous remote alcohol monitor.

S2516 - Sponsor Memo

S2516 - Bill Text download pdf

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

                                  2516

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

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.
                                                           LBD05781-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.