|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 02, 2012||
referred to codes
|May 01, 2012||
delivered to assembly
|Apr 25, 2012||
advanced to third reading
|Apr 19, 2012||
2nd report cal.
|Apr 18, 2012||
1st report cal.498
|Mar 08, 2012||
referred to codes
senate Bill S6673
Relates to the authority to impose a sentence of a fine and conditional discharge upon conviction for the offense of driving while ability impaired
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (7)
May 1, 2012 - floor VoteS6673580floor58Aye0Nay0Absent3Excused0Abstained
show floor vote details
Floor Vote: May 1, 2012aye (58)
Apr 18, 2012 - Codes committee VoteS6673131committee13Aye1Nay1Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S6673 - Bill Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §60.20, Pen L
S6673 - Bill Texts
Relates to the authority to impose a sentence of a fine and conditional discharge upon conviction for the offense of driving while ability impaired.
view sponsor memo
TITLE OF BILL:
to amend the penal law, in relation to authority to impose a sentence of
a fine and conditional discharge upon conviction for the offense of
driving while ability impaired
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Local
Courts Advisory Committee.
This measure amends the Penal Law to authorize the imposition of a
fine and conditional discharge upon conviction f9r the offense of
driving while ability impaired.
Section 1192(1) of the Vehicle and Traffic Law makes it unlawful for a
person to operate a motor vehicle while "the person's ability to
operate such motor vehicle is impaired by the consumption of alcohol."
Vehicle and Traffic Law § 1192(1). Violation of this provision is
a traffic infraction and punishable by a fine in an amount between
$300 and $500 or by imprisonment of 15 days, or by both a fine and
imprisonment. See Vehicle and Traffic Law §1193(1)(a).
Section 60.20 of the Penal Law sets forth the sentences that are to be
imposed upon the conviction of a traffic infraction. The sentences
are: a conditional discharge; an unconditional discharge; a fine or
imprisonment, or both; or a sentence of intermittent imprisonment.
Penal Law §60.20. While the Vehicle and Traffic Law expressly
prohibits the court from imposing a conditional discharge without
also imposing a fine for any violation of its provisions, see Vehicle
and Traffic Law § 1193(1)(e), section 60.20 does not authorize the
imposition of a fine and conditional discharge for the conviction of
a traffic infraction.
A conditional discharge is a sentence intended to rehabilitate a
person, convicted of an offense, by discharging the applicable
penalty (i.e., imprisonment or probation) on condition that a person
performs certain acts which the court deems reasonably necessary to
insure that the he or she will lead a law-abiding life. See Penal Law
§§65.05 and 65.10. Among other things, a conditional discharge may
require that the person undergo medical or psychiatric treatment or
participate in an alcohol or substance abuse program.
See Penal Law §65.10(d) and (e). Because the discharge may be
conditioned upon the person's receipt of treatment or counseling, the
conditional discharge is an extremely useful tool for addressing the
substance abuse problem which may underlie an individual defendant's
conviction for driving while impaired.
Finally, authorizing a court to impose a conditional discharge upon a
defendant convicted of the offense of driving while impaired is
consistent with other provisions of the Vehicle and Traffic Law,
which authorize mandatory treatment for substance abuse for persons
who violate its provisions. See Vehicle and Traffic Law §1198-a(2)(b)
(requiring persons convicted of driving while intoxicated
to receive treatment).
This measure would have no fiscal impact upon the State. It would take
effect on the thirtieth day after it shall have become a law.
None. New proposal.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 6673 I N S E N A T E March 8, 2012 ___________ Introduced by Sen. SALAND -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to authority to impose a sentence of a fine and conditional discharge upon conviction for the offense of driving while ability impaired THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (c) and (d) of subdivision 1 of section 60.20 of the penal law, as amended by chapter 477 of the laws of 1970, are amended and a new paragraph (e) is added to read as follows: (c) A fine or a sentence to a term of imprisonment, or both, as prescribed in and authorized by the provision that defines the infrac- tion; [or] (d) A sentence of intermittent imprisonment, as provided in article eighty-five[.]; OR (E) UPON A CONVICTION UNDER SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A FINE OR A SENTENCE TO A TERM OF IMPRISONMENT, OR BOTH AS PRESCRIBED IN THE VEHICLE AND TRAFFIC LAW, AND A PERIOD OF CONDITIONAL DISCHARGE, AS PROVIDED IN ARTICLE SIXTY-FIVE. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14135-01-2
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