senate Bill S144

2013-2014 Legislative Session

Requires any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

Co-Sponsors

S144 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd ยง1193, V & T L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S634
2009-2010: S3121

S144 - Bill Texts

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Requires any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence.

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BILL NUMBER:S144

TITLE OF BILL:

An act
to amend the vehicle and traffic law, in relation to requiring any
person convicted of operating a motor vehicle while under the influence
of alcohol or drugs to complete a drinking driver program as a condition
of their sentence

PURPOSE OF BILL:

To ensure that a person convicted of driving a motor vehicle while
under the influence of alcohol or drugs is mandated as a condition of
his or her sentence to participate in the Drinking Driver Program and
receive an evaluation conducted by an addiction professional from an
Office of Alcoholism and Substance Abuse Services licensed program
and require that the offender pay the cost of the program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 1193 subdivision 1 of the Vehicle and Traffic
Law by adding a new paragraph (h). Requires a defendant to complete a
drinking driver program, where the court imposes a sentence for any
violation of section eleven hundred ninety-two or section eleven
hundred ninety-two-a of this article. Provides that such program
shall be licensed by the Office of Alcoholism and Substance Abuse
Services and taught by a substance abuse professional who is
credentialed by such Office. Requires the defendant to receive an
evaluation by the professional teaching the program. Requires the
defendant to pay the fee for attending such program.

Section 2. Effective Date

EXISTING LAW:

Vehicle and Traffic Law; Article 31 - Alcohol and Drug Related
Offenses and Procedures Applicable Thereto; Section 1193 - Sanctions

JUSTIFICATION:

Due to the continued, unnecessarily high number of DWI convictions
throughout the City and State of New York, and because under the
current system many convicted offenders choose not to participate in
the Drinking Driver Program, it is necessary to mandate that those
convicted of DWI participate, get evaluated by licensed programs and
pay the cost of completing the program.
The inability of authorities to assure that an individual arrested and
convicted of drunk driving offense does not get out on the road again
under the influence of alcohol is a significant failure of
our State laws and criminal justice system to control drunk driving.
This bill will do much to remedy this failure.

LEGISLATIVE HISTORY:


2012: S.634 - Referred to Alcoholism and Drug Abuse
2011: S.634 - Notice of Committee Consideration Requested,
Discharged from Transportation, Committed to Alcoholism
and Drug Abuse
2009-10: S.3121 - Referred to Transportation/A.8809 - Referred to
Transportation
2007-08: S.770 - Referred to Transportation
2005-06: S.818 - Referred to Transportation
2004: S.4363 - Referred to Alcoholism and Substance Abuse
2003: S.4363 - Reported, Committed to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                   144

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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, in  relation  to  requiring
  any  person  convicted  of  operating  a motor vehicle while under the
  influence of alcohol or drugs to complete a drinking driver program as
  a condition of their sentence

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

  Section  1.  Subdivision  1 of section 1193 of the vehicle and traffic
law is amended by adding a new paragraph (h) to read as follows:
  (H) WHERE THE COURT IMPOSES A SENTENCE FOR ANY  VIOLATION  OF  SECTION
ELEVEN HUNDRED NINETY-TWO OR SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
ARTICLE,  THE  COURT SHALL REQUIRE THE DEFENDANT, AS A CONDITION OF SUCH
SENTENCE, TO COMPLETE A DRINKING DRIVER PROGRAM LICENSED BY  THE  OFFICE
OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES AND TAUGHT BY A SUBSTANCE
ABUSE PROFESSIONAL WHO IS CREDENTIALED BY THE OFFICE OF  ALCOHOLISM  AND
SUBSTANCE ABUSE SERVICES PURSUANT TO SECTION 19.07 OF THE MENTAL HYGIENE
LAW,  AND RECEIVE AN EVALUATION CONDUCTED BY THE SUBSTANCE ABUSE PROFES-
SIONAL TEACHING THE PROGRAM. THE FEE FOR ATTENDING SUCH PROGRAM SHALL BE
PAID BY THE DEFENDANT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01014-01-3

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