senate Bill S611

2013-2014 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

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

S611 - Bill Details

Current Committee:
Senate Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §1193, V & T L; amd §243, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2516
2009-2010: A8650

S611 - Bill Texts

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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.

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BILL NUMBER:S611

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 influence of a
controlled substance to use a chemical testing interlocking device
which prohibits the participant from using their vehicle if the
device registers the presence of a alcohol or a controlled substance.
This program has met with some success but offenders have found
creative ways to subvert these systems. On more than one occasion,
people have been arrested for driving while intoxicated even with
interlocking devices because another person has breathed in the
device for them. The Secure Continuous Remote Alcohol Monitor (SCRAM)
System, which involves an ankle bracelet that monitors an offender's
alcohol content, would offer an alternative to the interlocking
device program and act as a second
line of testing in the arsenal in managing particular criminals.

LEGISLATIVE HISTORY:
2012: Senate Bill
2516 (Gianaris) - Died
in Senate Transportation Committee
2012: Assembly Bill
3997 (Gabryszak) - Died in Assembly
Transportation Committee
2010: Assembly Bill
9650 (Gianaris) -
Died in Assembly Transportation Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, except that section two of
this act shall take effect on the first of January next succeeding
the date on which this act shall have become a law.


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

                                   611

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01538-01-3

S. 611                              2

PAYMENT OF THE ASSOCIATED COSTS AND  EXPENSES.  FURTHERMORE,  THE  COURT
SHALL  CONDITION  THE  SUSPENDED  IMPOSITION  OF  SENTENCE  OR SUSPENDED
EXECUTION OF SENTENCE UPON SUCH WEARING, AND THE PAYMENT OF THE  ASSOCI-
ATED  COSTS  AND  EXPENSES.  A COURT MAY WAIVE A FINE OR BOND IN LIEU OF
PARTICIPATION IN THE ALCOHOL AND CONTROLLED SUBSTANCE MONITORING  ESTAB-
LISHED  PURSUANT TO THIS SUBDIVISION. IN ADDITION, A COURT MAY WAIVE THE
PAYMENT OF THE ASSOCIATED COST AND EXPENSE OF  SUCH  PROGRAM  WHERE  THE
PROBATIONER OR DEFENDANT MEETS THE ELIGIBILITY REQUIREMENTS FOR A PUBLIC
DEFENDER.
  (C)  THE  FAILURE OF ANY PERSON TO COMPLY WITH THE REQUIREMENTS OF THE
ALCOHOL AND CONTROLLED SUBSTANCE MONITORING PROGRAM SHALL RESULT IN  THE
ISSUANCE  OF  A REVOCATION ORDER. NO PROVISION OF THIS SUBDIVISION SHALL
AUTHORIZE A COURT TO SENTENCE ANY PERSON TO A PERIOD  OF  PROBATION  FOR
SUBJECTING  HIM  OR  HER TO THE PROGRAM ESTABLISHED BY THIS SUBDIVISION,
UNLESS SUCH PERSON WOULD OTHERWISE HAVE BEEN ELIGIBLE TO BE SENTENCED TO
PROBATION.
  (D) EVERY PERSON SENTENCED PURSUANT TO THIS SUBDIVISION SHALL  PROVIDE
PROOF  OF  COMPLIANCE TO THE SENTENCING COURT IN SUCH MANNER AND AT SUCH
TIMES AS THE COURT SHALL REQUIRE.
  (E) ALL COSTS AND EXPENSES  COLLECTED  PURSUANT  TO  THIS  SUBDIVISION
SHALL  BE  PAID  IN  THE TREASURY OF THE COUNTY OR CITY OF NEW YORK, THE
PROCEEDS OF WHICH SHALL BE USED SOLELY  FOR  THE  PURPOSE  OF  DEFRAYING
RECURRING   COSTS   INCLUDING  MAINTAINING  EQUIPMENT,  FUNDING  SUPPORT
SERVICES AND ENSURING COMPLIANCE.
  S 2. Section 243 of the executive law  is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE ADMIN-
ISTRATION OF ALCOHOL AND CONTROLLED  SUBSTANCE  MONITORING  PURSUANT  TO
SUBDIVISION  ONE-B OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
AND TRAFFIC LAW. SUCH RULES AND REGULATIONS SHALL:
  (A) PROVIDE FOR PROCEDURES AND APPARATUS FOR  TESTING  THE  ELECTRONIC
MONITORING DEVICES;
  (B)  SET  PARTICIPATION  AND  USER FEES, PROVIDED, THAT SUCH USER FEES
SHALL NOT BE LESS THAN THE PRO RATA COST OF THE PURCHASE AND USE OF  THE
SECURE CONTINUOUS REMOTE ALCOHOL MONITOR; AND
  (C)  REQUIRE  THE  SUBMISSION  OF  REPORTS  AND  INFORMATION  BY LOCAL
PROBATION DEPARTMENTS.
  S 3. This act shall take effect immediately, except that  section  two
of  this  act  shall take effect on the first of January next succeeding
the date on which this act shall have become a law.

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