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A248Assembly2017-2018 Session

No Jail Without DWI Fine

Official title

“Prohibits imposition of a sentence of imprisonment without imposition of a fine for DWI offenses”

Sponsor David GanttAD-137Affects Transportation
Status
In Assembly Committee
Transportation
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Transportation

What's happening

This bill prohibits judges from sentencing only imprisonment for alcohol or drug-related driving offenses without also imposing a fine.

Why it matters

  1. Increases financial penalties. By requiring a fine alongside any imprisonment or probation for alcohol or drug-related driving offenses, the bill ensures that offenders face not just loss of liberty but also a financial consequence, potentially increasing the deterrent effect.

  2. Limits judicial discretion. Judges can no longer choose only imprisonment as a penalty; they are mandated to include a fine. This reduces flexibility in sentencing and standardizes consequences across cases, which could both promote consistency and remove some case-by-case nuance.

  3. Potentially raises costs for offenders. The mandated fines could disproportionately impact low-income individuals convicted of these offenses, as they would be required to pay a fine in addition to serving time or fulfilling probation requirements.

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Who cares

  • Drivers convicted of alcohol- or drug-related driving offenses

    The bill would require a fine alongside any sentence of imprisonment for a violation of Vehicle and Traffic Law section 1192.

  • Judges and magistrates

    The bill would prohibit them from imposing imprisonment for these offenses without also imposing the fine provided by law.

  • Defense attorneys and prosecutors

    The bill would make a fine mandatory whenever a sentence for these offenses includes imprisonment, affecting sentencing requests and advice to defendants.

Headline styles

No Jail Without DWI Fine

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
David Gantt

Assembly Member · Assembly District 137

No co-sponsors yet.

History

  1. Referred to transportation
  2. Referred to transportation

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

248

2017-2018 Regular Sessions

IN ASSEMBLY

January 5, 2017

Introduced by M. of A. GANTT -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to sentences for alcohol or drug related offenses

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (e) of subdivision 1 of section 1193 of the vehicle and traffic law, as added by chapter 47 of the laws of 1988, is amended to read as follows:

(e) Certain sentences prohibited. Notwithstanding any provisions of the penal law, no judge or magistrate shall impose a sentence of unconditional discharge for a violation of any subdivision of section eleven hundred ninety-two of this article nor shall a judge or magistrate impose a sentence of imprisonment, conditional discharge or probation unless such imprisonment, conditional discharge or probation is accompanied by a sentence of a fine as provided in this subdivision.

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01466-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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