NY State Senate Bill 2019-S2292

Senate Bill S2292

2019-2020 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 08, 2020	referred to transportation
Jan 23, 2019	referred to transportation

2019-S2292 (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
2017-2018: S4667
2021-2022: S3245
2023-2024: S6988

2019-S2292 (ACTIVE) - Summary

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

2019-S2292 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2292

SPONSOR: SANDERS
 
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 Depart-
ment of Motor Vehicles (D.M.V.).

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 1 of section 1193 of the vehicle and traf-
fic 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 fatali-
ties. 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 opportu-
nity 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

2019-S2292 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2292
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 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.

                                                            LBD08161-01-9

 S. 2292                             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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