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S3121Senate2009-2010 SessionSame asA8809

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

Sponsor Ruben DiazSD-32+3 co-sponsorsAffects Transportation
Status
In Senate Committee
Transportation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Transportation

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Who cares

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Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

History

  1. Referred to transportation
  2. Referred to transportation

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

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

Subdivision 1 of section 1193 of the vehicle and traffic law is amended by adding a new paragraph to read as follows: "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 professional teaching the program The fee for attending such program shall be paid by the defendant.

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 and may receive evaluations from individual practitioners or programs with no accountability to OASAS or even no evaluation, it is necessary to mandate that those convicted of DWI participate, get evaluated by and pay the cost of said programs

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 come a long way to remedy this failure.

Legislative history

S.770 2007-08

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the dale on which it 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.