What's happening
This bill increases probation for misdemeanor DUI offenses in New York to five years and conditional discharge to three years.
Why it matters
Extending probation and conditional discharge terms for misdemeanor DUI means people convicted of even first-time, lower-level offenses will be under court supervision for much longer, potentially affecting employment, housing, and daily life.
Longer probation and conditional discharge periods increase the risk of being violated for technical infractions (like missing appointments or failing drug tests), which can lead to additional penalties or even incarceration.
The changes signal a tougher stance on drunk or drug-impaired driving, which may deter offenses but could also disproportionately impact individuals who lack resources to comply with extended supervision.
By aligning misdemeanor DUI penalties closer to those for felonies in terms of supervision length, the law may shift how these offenses are perceived and prosecuted, possibly leading to broader consequences for plea negotiations and legal outcomes.
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Who cares
Headline styles
Lengthen DUI Probation Time
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3885
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 3 of section 65.00 of the penal law, as amended by chapter 556 of the laws of 2013, is amended to read as follows:
(d) (i) For an unclassified misdemeanor, the period of probation shall be [a term of two or] three years if the authorized sentence of imprisonment is in excess of three months, otherwise the period of probation shall be one year.
(ii) For a violation of subdivision two, two-a or three of section eleven hundred ninety-two of the vehicle and traffic law, the period of probation shall be five years.
§ 2. Paragraph (a) of subdivision 3 of section 65.05 of the penal law, as amended by chapter 618 of the laws of 1992, is amended to read as follows:
(a) Three years in the case of a felony or a violation of subdivision two, two-a or three of section eleven hundred ninety-two of the vehicle and traffic law; and
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07970-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 becomes 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
2013-14 - S.3489 -- CODES 2015-16 - S.4196 CODES
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.