What's happening
The bill requires that any sentence of imprisonment, conditional discharge, or probation for DWI or drug offenses must also include a fine.
Why it matters
Mandates financial penalties for DWI and drug offenses. By requiring a fine to be imposed alongside any jail time, probation, or conditional discharge, this bill ensures offenders face not just criminal but also financial consequences, potentially increasing the deterrent effect.
Limits judicial flexibility. Judges and magistrates would no longer have discretion to sentence someone to jail, probation, or conditional discharge without also imposing a fine, which could impact how sentences are tailored to individual circumstances, such as a defendant’s ability to pay.
May disproportionately impact low-income offenders. Adding mandatory fines to all sentences could place a heavier burden on those with limited financial resources, possibly leading to further legal troubles (like unpaid fines and associated penalties) and perpetuating cycles of debt or incarceration.
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Who cares
Headline styles
No Jail Without DWI Fine
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Enacting clause stricken
- Referred to transportation
- Referred to transportation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2293
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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.
LBD00437-01-9
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.