|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to transportation|
|Jan 24, 2011||referred to transportation|
senate Bill S2516
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2516 - Details
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
BILL NUMBER:S2516 TITLE OF BILL: 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 PURPOSE: Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring. SUMMARY OF PROVISIONS: Section 1 adds subsections to the executive law entitled the Sobriety Pilot Program which requires the use of a Secure Continuous Remote Alcohol Monitor (SCRAM) System as a condition of pre-trial release for those accused of DWI/DWAI and as a condition of probation for those sentenced to probation. JUSTIFICATION: Currently, judges as part of probation, may require certain persons convicted of driving while intoxicated or under the
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
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