What's happening
This bill requires mandatory alcohol or substance abuse screening for certain DWI offenses, expanding it to include violations of subdivision four-a.
Why it matters
Expands mandatory screening to more DWI offenses. By including violations of subdivision four-a, the bill ensures that individuals charged with this additional category of DWI are also subject to alcohol or substance abuse screening, not just those in the original categories.
Targets early intervention. Mandatory screening at arraignment or before sentencing aims to identify substance abuse or dependency issues sooner, potentially leading to earlier treatment and reducing the likelihood of repeat offenses.
Standardizes assessment procedures. By specifying the use of a screening instrument developed by the Office of Alcoholism and Substance Abuse Services and administered by a professional, the bill promotes consistent and reliable evaluations across cases.
Reflects changing understanding of impaired driving risks. The inclusion of new DWI categories for screening acknowledges evolving patterns in substance abuse and impaired driving, which may help address gaps in public safety and health policy.
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Who cares
Drivers charged under Vehicle and Traffic Law section 1192(4-a)
The bill would require alcohol or substance abuse screening for those facing a first charge or conviction under this provision.
Courts handling impaired-driving cases
Courts would have to order screening for this additional category of defendants at arraignment or, at the court’s discretion, before sentencing.
Alcohol and substance abuse professionals
These professionals would administer the required screening using the standardized written instrument developed by the Office of Alcoholism and Substance Abuse Services.
Headline styles
Require Court-Ordered Alcohol Screening
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Alcohol Abuse Screening
In Assembly Committee · Transportation · Sponsor Brian Kolb
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4464
2019-2020 Regular Sessions
IN SENATE
March 12, 2019
Introduced by Sen. HELMING -- 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 mandatory screening procedures
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 1198-a of the vehicle and traffic law, as amended by chapter 496 of the laws of 2009, is amended to read as follows:
(a) Mandatory screening; when authorized. Upon the arraignment of, or at the discretion of the court, prior to the sentencing of any person who (i) at arraignment is charged with or prior to sentencing convicted of a first violation of operating a motor vehicle in violation of subdivision one, two or three or paragraph (b) of subdivision two-a of section eleven hundred ninety-two of this article while such person has less than .15 of one per centum by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article, or in violation of subdivision four or subdivision four-a of such section eleven hundred ninety-two, or (ii) has refused to submit to a chemical test pursuant to section eleven hundred ninety-four of this article, the court shall order such person to submit to screening for alcohol or substance abuse and dependency using a standardized written screening instrument developed by the office of alcoholism and substance abuse services, to be administered by an alcohol or substance abuse professional.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10698-01-9
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 mandatory screening procedures
Purpose
To provide an additional tool for intervention in cases of defendants who suffer from addiction and would benefit from intervention or a fair clinical assessment of their situation. This amendment would aid the courts in addressing this crisis at a local level.
Summary of specific provisions
Section 1: Paragraph (a) of subdivision 2 of section 1198-a of the vehi- cle and traffic law is amended to provide for mandatory screening when a person is in violation of subdivision 4(a) (driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs) of Section 1192 of the Vehicle and Traffic Law.
Section 2: Provides for an immediate effective date.
Justification
Driving while intoxicated (DWI) or driving under the influence of drugs (DWAI) are serious crimes that can result in grievous injuries or death. Enhanced laws that treat these crimes as public safety issues are required to protect innocent citizens.
Many counties are experiencing a significant increase in the number of opioid-related deaths and emergency room visits. Currently, courts may issue a mandatory screening when a defendant is charged with driving while ability impaired by drugs. However, due a current "loophole" in the Vehicle and Traffic Law, courts are precluded from ordering mandato- ry screenings of defendants who are charged with driving while ability impaired by the combined influence of drugs or alcohol and any drugs. Amending VTL § 1198-a would empower judges to order screening or assess- ments at arraignments on a violation of § 1198 (4-a) and would provide another tool to combat opioid abuse.
Prior legislative history
New bill.
Fiscal implications
Undetermined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.