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S238Senate2015-2016 Session

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

Sponsor Ruben DiazSD-32+1 co-sponsorAffects 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

1 Co-sponsor

History

  1. Referred to transportation
  2. Referred to transportation

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

Section 1. Amends the Vehicle and Traffic Law, Section 1193 (1), adds 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 that 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 who is arrested and convicted of a 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

2014: S.144 - Referred to Transportation 2013: S.144 - Referred to Transportation 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.

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