S T A T E O F N E W Y O R K ________________________________________________________________________ 875 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ 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 ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph (e) of subdivision 1 of section 1193 of the vehi- 2 cle and traffic law, as added by chapter 47 of the laws of 1988, is 3 amended to read as follows: 4 (e) Certain sentences prohibited. Notwithstanding any provisions of 5 the penal law, no judge or magistrate shall impose a sentence of uncon- 6 ditional discharge for a violation of any subdivision of section eleven 7 hundred ninety-two of this article nor shall a judge or magistrate 8 impose a sentence of IMPRISONMENT, conditional discharge or probation 9 unless such IMPRISONMENT, conditional discharge or probation is accompa- 10 nied by a sentence of a fine as provided in this subdivision. 11 S 2. This act shall take effect on the first of September next 12 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. LBD03725-01-9