S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9605
 
                           I N  A S S E M B L Y
 
                              March 26, 2024
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08583-01-3
 A. 9605                             2
 
 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.