BILL NUMBER: S7928

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to limiting the
suspension of an individual's driver's license when participating in a
treatment court program

 
PURPOSE OF BILL:

To ensure that defendants who have been sentenced and successfully
received treatment and penalties through a Treatment Court Program for
violations of the vehicle and traffic law that involve alcohol and drugs
are not penalized again, particularly through suspension of driver's
license, when they plead guilty to lesser charges permitted by
completion of the Treatment Court Program.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Paragraph (e) of subdivision 2 of section 1193 of the
vehicle and traffic law by adding a new subparagraph 8 to ensure defend-
              

ants, who plead guilty in accordance with a conditional plea agreement
prior to entering and successfully receiving treatment and penalties,
including suspension of or revocation of the defendant's driver's
license, through a Treatment Court Program can, at least six months
after the initial plea, withdraw their previously entered plea of guilty
the and plead guilty to authorized lesser charges without imposition of
additional penalties, including suspension of driver's license.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

In New York State, when a defendant is arrested and pleads guilty to
violations of the vehicle and traffic law that involve alcohol and
drugs, in lieu of other penalties outlined in vehicle and traffic law,
they are sometimes provided the opportunity to receive an alternate
sentence by entering a 12-to-15-month Treatment Court program. At the
conclusion of the Veteran Treatment Court Program (graduation), which
includes periodic court appearances, drug testing, counseling, and
treatment through approved providers, the court, in conjunction with the
district attorney and defense attorney, can vacate the original
charge(s) and replace them with a predetermined reduced charge such as
Driving While Ability Impaired (DWAI). As part of this program, defend-
ants are usually subject to a license revocation or suspension. When the
defendants plead guilty to the reduced charges, the Department of Motor
Vehicles identifies it as a second alcohol related offense and imposes a
new 6-month license and driving privilege suspension as well as a new
OASAS Assessment be completed before the driving privileges are
restored.

This bill would ensure that defendants who have been sentenced and
successfully receive treatment and penalties through Treatment Court
Programs are not penalized again, particularly through suspension of
driver's license, when they plead guilty to lesser charges permitted by
the Treatment Court Program.

 
PRIOR LEGISLATIVE HISTORY:
New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.