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A8650Assembly2009-2010 Session

Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring

Sponsor Michael GianarisAD-36+9 co-sponsorsAffects Transportation
Status
In Assembly Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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History

  1. Referred to transportation
  2. Referred to transportation

Full text

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Sponsor's memo

BILL NUMBER:A8650

Title of bill

An act to amend the vehicle and traffic law and the executive law, in relation to the imposition of a sentence of alcohol and controlled substance monitoring upon conviction of an alcohol-relat- ed offense

Purpose

Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring.

Summary of provisions

Section 1 adds subsections to the executive law entitled the Sobriety Pilot Program which requires the use of a Secure Continuous Remote Alcohol Monitor (SCRAM) System as a condition of pre- trial release for those accused of DWI/DWAI and as a condition of probation for those sentenced to probation.

Justification

Currently, judges as part of probation, may require certain persons convicted of driving while intoxicated or under the influence of a controlled substance to use a chemical testing interlock- ing device which prohibits the participant from using their vehicle if the device registers the presence of a alcohol or a controlled substance. This program has met with some success but offenders have found creative ways to subvert these systems. On more than one occasion, people have been arrested for driving while intoxicated even with inter- locking devices because another person has breathed in the device for them. The Secure Continuous Remote Alcohol Monitor (SCRAM) System, which involves an ankle bracelet that monitors an offender's alcohol content, would offer an alternative to the interlocking device program and act as a second line of testing in the arsenal in managing particular crimi- nals.

Legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately, except that section two of this act shall take effect on the first of January next succeeding the date on which this act shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.