Bill S144-2013

Requires any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program

Requires any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence.

Details

Actions

  • Jan 8, 2014: REFERRED TO TRANSPORTATION
  • Jan 9, 2013: REFERRED TO TRANSPORTATION

Memo

BILL NUMBER:S144

TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to requiring any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence

PURPOSE OF BILL:

To ensure that a person convicted of driving a motor vehicle while under the influence of alcohol or drugs is mandated as a condition of his or her sentence to participate in the Drinking Driver Program and receive an evaluation conducted by an addiction professional from an Office of Alcoholism and Substance Abuse Services licensed program and require that the offender pay the cost of the program.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends Section 1193 subdivision 1 of the Vehicle and Traffic Law by adding a new paragraph (h). Requires a defendant to complete a drinking driver program, where the court imposes a sentence for any violation of section eleven hundred ninety-two or section eleven hundred ninety-two-a of this article. Provides that such program shall be licensed by the Office of Alcoholism and Substance Abuse Services and taught by a substance abuse professional who is credentialed by such Office. Requires the defendant to receive an evaluation by the professional teaching the program. Requires the defendant to pay the fee for attending such program.

Section 2. Effective Date

EXISTING LAW:

Vehicle and Traffic Law; Article 31 - Alcohol and Drug Related Offenses and Procedures Applicable Thereto; Section 1193 - Sanctions

JUSTIFICATION:

Due to the continued, unnecessarily high number of DWI convictions throughout the City and State of New York, and because under the current system many convicted offenders choose not to participate in the Drinking Driver Program, it is necessary to mandate that those convicted of DWI participate, get evaluated by licensed programs and pay the cost of completing the program. The inability of authorities to assure that an individual arrested and convicted of drunk driving offense does not get out on the road again under the influence of alcohol is a significant failure of our State laws and criminal justice system to control drunk driving. This bill will do much to remedy this failure.

LEGISLATIVE HISTORY:

2012: S.634 - Referred to Alcoholism and Drug Abuse 2011: S.634 - Notice of Committee Consideration Requested, Discharged from Transportation, Committed to Alcoholism and Drug Abuse 2009-10: S.3121 - Referred to Transportation/A.8809 - Referred to Transportation 2007-08: S.770 - Referred to Transportation 2005-06: S.818 - Referred to Transportation 2004: S.4363 - Referred to Alcoholism and Substance Abuse 2003: S.4363 - Reported, Committed to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 144 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DIAZ -- 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 any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence 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 ANY VIOLATION OF SECTION ELEVEN HUNDRED NINETY-TWO OR SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS ARTICLE, THE COURT SHALL REQUIRE THE DEFENDANT, AS A CONDITION OF SUCH SENTENCE, TO COMPLETE A DRINKING DRIVER PROGRAM LICENSED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND TAUGHT BY A SUBSTANCE ABUSE PROFESSIONAL WHO IS CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES PURSUANT TO SECTION 19.07 OF THE MENTAL HYGIENE LAW, AND RECEIVE AN EVALUATION CONDUCTED BY THE SUBSTANCE ABUSE PROFES- SIONAL TEACHING THE PROGRAM. THE FEE FOR ATTENDING SUCH PROGRAM SHALL BE PAID BY THE DEFENDANT. S 2. 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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