What's happening
This bill requires certain first-time DUI offenders in New York to attend and pay for an alcohol and drug rehabilitation program.
Why it matters
Mandates both attendance and payment. First-time DUI offenders must not only attend but also pay for an approved alcohol and drug rehabilitation program, increasing the personal and financial responsibility for their rehabilitation.
Limits judicial discretion, but provides an exception. Courts are generally required to impose this rehabilitation program as a sentence condition, but judges can exempt defendants only if they state a specific, “good cause” reason on the record, potentially reducing inconsistent sentencing.
Expands eligibility language and state oversight. The law clarifies that participants can be either “sentenced or referred” to the program, and allows both judges and state officials to exclude individuals for “good cause,” with reasons required to be given—potentially improving transparency but also increasing administrative oversight.
Aims to reduce repeat offenses. By targeting first-time offenders for mandatory rehabilitation, the bill seeks to intervene early in substance abuse issues and may decrease the likelihood of future DUI incidents, impacting public safety and offender outcomes.
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Who cares
Headline styles
Mandatory Rehab for First Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2292
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to requiring participation in an alcohol and drug rehabilitation program for certain first offenders
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1193 of the vehicle and traffic law is amended by adding a new paragraph (h) to read as follows:
(h) Where the court imposes a sentence for a violation of section eleven hundred ninety-two or eleven hundred ninety-two-a of this article, the court shall require the defendant, as a part or condition of such sentence, to pay for and to attend an alcohol and drug rehabilitation program conducted pursuant to section eleven hundred ninety-six of this article, in cases in which the defendant has not previously been convicted of a violation of section eleven hundred ninety-two or eleven hundred ninety-two-a of this article and meets the eligibility criteria for participation in such program set forth in such section.
§ 2. Subdivision 4 of section 1196 of the vehicle and traffic law, as amended by chapter 196 of the laws of 1996, is amended to read as follows:
4. Eligibility. Participation in the program shall be limited to those persons convicted of alcohol or drug-related traffic offenses or persons who have been adjudicated youthful offenders for alcohol or drug-related traffic offenses, or persons found to have been operating a motor vehicle after having consumed alcohol in violation of section eleven hundred ninety-two-a of this article, who choose or are sentenced to participate and who satisfy the criteria and meet the requirements for participation as established by this section and the regulations promulgated thereunder; provided, however, in the exercise of discretion, the judge imposing sentence may prohibit the defendant from enrolling in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08161-01-9
S. 2292 2
program for good cause, in which event the reasons therefor shall be stated upon the record. The commissioner or deputy may exercise discretion, for good cause, the reasons for which must be made known to the person, to reject any person [from participation] referred or sentenced to such program from participating therein, and nothing herein contained shall be construed as creating a right to be included in any course or program established under this section. In addition, no person shall be permitted to take part in such program if, during the five years immediately preceding commission of an alcohol or drug-related traffic offense or a finding of a violation of section eleven hundred ninety-two-a of this article, such person has participated in a program established pursuant to this article or been convicted of a violation of any subdivision of section eleven hundred ninety-two of this article other than a violation committed prior to November first, nineteen hundred eighty-eight, for which such person did not participate in such program. In the exercise of discretion, the commissioner or a deputy shall have the right to expel any participant from the program who fails to satisfy the requirements for participation in such program or who fails to satisfactorily participate in or attend any aspect of such program. Notwithstanding any contrary provisions of this chapter, satisfactory participation in and completion of a course in such program shall result in the termination of any sentence of imprisonment that may have been imposed by reason of a conviction therefor; provided, however, that nothing contained in this section shall delay the commencement of such sentence.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the vehicle and traffic law, in relation to requiring participation in an alcohol and drug rehabilitation program for certain first offenders
Purpose
This bill requires that first time drunk driving offenders participate in an education and/or rehabilitation program monitored by the Depart- ment of Motor Vehicles (D.M.V.).
Summary of provisions
Section 1: Amends subdivision 1 of section 1193 of the vehicle and traf- fic law, under the provisions of this bill, where the court imposes a sentence for a violation of section eleven hundred ninety-two of this article, the court shall require the defendant, as part or condition of such sentence, to attend an alcohol and drug rehabilitation program pursuant to section eleven hundred ninety-two of this article.
Section 2: Makes technical amendments to subdivision 4 of section 1196.
Section 3: Effective Date.
Existing law
New law
Justification
Auto Accidents are the leading cause of injuries and deaths in society today and driving under the influence accounts for half of these fatali- ties. Currently, the alcohol and drug-related penalties include fines, possible jail time and loss of license. A motorist is not mandated to participate in an education and/or rehabilitation program unless the judge includes this as part of the sentence. Although some judges do sentence first offenders to an educational program, many motorists do nothing more than pay their fines, surrender their license and "sit out" the license suspension or revocation period. This often leads to some motorists driving without a license and never enrolling in any type of education program.
All first offenders should be required to enroll in an educational and/or rehabilitation program. These educational programs are already in place and are monitored by the Department of Motor Vehicles and would eventually save lives by providing traffic safety education, alcohol/drug awareness and the resources needed in changing attitudes and inappropriate behavior. In fact, many other states including New Jersey, Pennsylvania, Connecticut and Michigan mandate first offenders to an educational program. Requiring mandatory enrollment in these education programs will reduce the number of deaths, injuries and personal loss of property and provide participants a positive opportu- nity to receive help in avoiding drunk driving in the future.
Legislative history
02/29/16 REFERRED TO TRANSPORTATION
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the first of November next succeeding the date
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.