Increases the length of probation and conditional discharge for misdemeanor violations of operating a motor vehicle while under the influence of alcohol or drugs

1 Co-sponsor

• Diane J. Savino

BILL NUMBER:S3489

Title of bill

An act to amend the penal law, in relation to increasing the length of probation and conditional discharge for misdemeanor violations of operating a motor vehicle while under the influence of alcohol or drugs

Summary of provisions

Section 1 amends paragraph (d) of subdivision 3 of section 65.00 of the Penal Law to Provide that the period of probation for a violation of subdivisions 2, 2-a or 3 of section 1192 of the Vehicle and Traffic Law shall be 5 years.

Section 2 amends paragraph (a) of subdivision 3 of section 65.05 of the Penal Law to provide that the period of conditional discharge for a violation of subdivisions 2, 2-a or 3 of section 1192 of the Vehicle and traffic Law shall be 3 years.

Section 3 provides that this act shall take effect on the ninetieth day after it shall have become law.

Purpose and justification

Experience has shown that oversight and treatment can often help to insure that those convicted of operating a vehicle while intoxicated or under the influence of drugs do not repeat this behavior. This bill would extend the period of probation oversight for those who are convicted of misdemeanor violations of Vehicle and Traffic Law 1192 sections 2, 2-a and 3 from one year to five years, and extend the period of conditional discharge of those convicted of these crimes from one year to three years. This will allow the court and the probation department additional time to watch over these individuals, and extend the time to provide counseling and help if deemed necessary.

Prior legislative history

New bill.

Fiscal implications

None

Effective date

This act shall take effect on the ninetieth day after it shall have become law.