NY State Senate Bill 2017-S4667

Senate Bill S4667

2017-2018 Legislative Session

Relates to requiring participation in an alcohol and drug rehabilitation program for certain first offenders

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Feb 24, 2017	referred to transportation

2017-S4667 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §§1193 & 1196, V & T L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6844
2019-2020: S2292
2021-2022: S3245
2023-2024: S6988
2025-2026: S6312

2017-S4667 (ACTIVE) - Summary

Relates to requiring participation in an alcohol and drug rehabilitation program for certain first offenders.

2017-S4667 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4667

 TITLE OF BILL :  An act to amend the vehicle and traffic law, in
relation to requiring participation in an alcohol and drug
rehabilitation program for certain first offenders

 PURPOSE :

This bill requires that first time drunk driving offenders participate
in an education and/or rehabilitation program monitored by the
Department of Motor Vehicles (D.M.V.).

 SUMMARY OF PROVISIONS :

Section 1: Amends subdivision 1 of section 1193 of the vehicle and
traffic law, under the provisions of this bill, where the court
imposes a sentence for a violation of section eleven hundred
ninety-two of this article, the court shall require the defendant, as
part or condition of such sentence, to attend an alcohol and drug
rehabilitation program pursuant to section eleven hundred ninety-two
of this article.

Section 2: Makes technical amendments to subdivision 4 of section
1196.

Section 3: Effective Date.

 EXISTING LAW :

New law

 JUSTIFICATION :

Auto Accidents are the leading cause of injuries and deaths in society
today and driving under the influence accounts for half of these
fatalities. Currently, the alcohol and drug-related penalties include
fines, possible jail time and loss of license. A motorist is not
mandated to participate in an education and/or rehabilitation program
unless the judge includes this as part of the sentence. Although some
judges do sentence first offenders to an educational program, many
motorists do nothing more than pay their fines, surrender their
license and "sit out" the license suspension or revocation period.
This often leads to some motorists driving without a license and never
enrolling in any type of education program.

All first offenders should be required to enroll in an educational
and/or rehabilitation program. These educational programs are already
in place and are monitored by the Department of Motor Vehicles and
would eventually save lives by providing traffic safety education,
alcohol/drug awareness and the resources needed in changing attitudes
and inappropriate behavior. In fact, many other states including New
Jersey, Pennsylvania, Connecticut and Michigan mandate first offenders
to an educational program. Requiring mandatory enrollment in these
education programs will reduce the number of deaths, injuries and
personal loss of property and provide participants a positive
opportunity to receive help in avoiding drunk driving in the future.

 LEGISLATIVE HISTORY :

02/29/16 REFERRED TO TRANSPORTATION

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :
None

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date

2017-S4667 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4667
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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
   participation  in  an  alcohol  and  drug  rehabilitation  program for
   certain first offenders

   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  A  VIOLATION  OF  SECTION
 ELEVEN  HUNDRED  NINETY-TWO OR ELEVEN HUNDRED NINETY-TWO-A OF THIS ARTI-
 CLE, THE COURT SHALL REQUIRE THE DEFENDANT, AS A PART  OR  CONDITION  OF
 SUCH  SENTENCE,  TO  PAY FOR AND TO ATTEND AN ALCOHOL AND DRUG REHABILI-
 TATION PROGRAM CONDUCTED PURSUANT TO SECTION ELEVEN  HUNDRED  NINETY-SIX
 OF THIS ARTICLE, IN CASES IN WHICH THE DEFENDANT HAS NOT PREVIOUSLY BEEN
 CONVICTED  OF A VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OR ELEVEN
 HUNDRED NINETY-TWO-A OF THIS ARTICLE AND MEETS THE ELIGIBILITY  CRITERIA
 FOR PARTICIPATION IN SUCH PROGRAM SET FORTH IN SUCH SECTION.
   §  2. Subdivision 4 of section 1196 of the vehicle and traffic law, as
 amended by chapter 196 of the laws  of  1996,  is  amended  to  read  as
 follows:
   4. Eligibility. Participation in the program shall be limited to those
 persons convicted of alcohol or drug-related traffic offenses or persons
 who have been adjudicated youthful offenders for alcohol or drug-related
 traffic  offenses, or persons found to have been operating a motor vehi-
 cle after having consumed alcohol in violation of section eleven hundred
 ninety-two-a of this article, who choose OR ARE SENTENCED to participate
 and who satisfy the criteria and meet the requirements for participation
 as established by this section and the  regulations  promulgated  there-
 under;  provided,  however,  in  the  exercise  of discretion, the judge
 imposing sentence may prohibit the  defendant  from  enrolling  in  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02183-01-7

 S. 4667                             2
 
 program  FOR  GOOD  CAUSE,  IN WHICH EVENT THE REASONS THEREFOR SHALL BE
 STATED UPON THE  RECORD.    The  commissioner  or  deputy  may  exercise
 discretion,  FOR GOOD CAUSE, THE REASONS FOR WHICH MUST BE MADE KNOWN TO
 THE  PERSON,  to  reject  any  person  [from  participation] referred OR
 SENTENCED to such program FROM PARTICIPATING THEREIN, and nothing herein
 contained shall be construed as creating a right to be included  in  any
 course  or  program  established  under  this section.   In addition, no
 person shall be permitted to take part in such program  if,  during  the
 five years immediately preceding commission of an alcohol or drug-relat-
 ed traffic offense or a finding of a violation of section eleven hundred
 ninety-two-a  of this article, such person has participated in a program
 established pursuant to this article or been convicted of a violation of
 any subdivision of section eleven hundred  ninety-two  of  this  article
 other  than  a  violation  committed  prior  to November first, nineteen
 hundred eighty-eight, for which such person did not participate in  such
 program.  In  the  exercise  of discretion, the commissioner or a deputy
 shall have the right to expel any participant from the program who fails
 to satisfy the requirements for participation in  such  program  or  who
 fails  to  satisfactorily  participate  in  or attend any aspect of such
 program. Notwithstanding any contrary provisions of this chapter, satis-
 factory participation in and completion of  a  course  in  such  program
 shall result in the termination of any sentence of imprisonment that may
 have been imposed by reason of a conviction therefor; provided, however,
 that  nothing  contained in this section shall delay the commencement of
 such sentence.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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