Bill Text: NY A10691 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to certain criminal penalties involving required alcohol and drug rehabilitation for driving while impaired by alcohol or drugs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-08-28 - referred to transportation [A10691 Detail]

Download: New_York-2023-A10691-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10691

                   IN ASSEMBLY

                                     August 28, 2024
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
          -- read once and referred to the Committee on Transportation

        AN ACT to amend the vehicle and traffic law, in  relation  to  mandatory
          alcohol  or drug treatment relating to driving while impaired by alco-
          hol or drugs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  (ii)  of paragraph (a) of subdivision 10 of
     2  section 1192 of the vehicle and traffic law, as amended by  chapter  732
     3  of the laws of 2006, is amended to read as follows:
     4    (ii)  In  any  case wherein the charge laid before the court alleges a
     5  violation of subdivision two, three, four or four-a of this section,  no
     6  plea  of  guilty to subdivision one of this section shall be accepted by
     7  the court unless such plea includes as a condition thereof the  require-
     8  ment  that  the defendant attend and complete the alcohol and drug reha-
     9  bilitation program established pursuant to section eleven hundred  nine-
    10  ty-six  of this article, including any assessment and treatment required
    11  thereby; provided, however, that such requirement may be waived  by  the
    12  court  upon application of the district attorney or the defendant demon-
    13  strating that the defendant, as  a  condition  of  the  plea,  has  been
    14  required to enter into and complete an alcohol or drug treatment program
    15  prescribed  pursuant  to  an  alcohol  or  substance  abuse screening or
    16  assessment conducted pursuant to section eleven  hundred  ninety-eight-a
    17  of  this article [or for other good cause shown]. The provisions of this
    18  subparagraph shall apply, notwithstanding any bars to  participation  in
    19  the  alcohol and drug rehabilitation program set forth in section eleven
    20  hundred ninety-six of this article; provided, however, that  nothing  in
    21  this  paragraph  shall  authorize  the issuance of a conditional license
    22  unless otherwise authorized by law.
    23    § 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and
    24  traffic law, as amended by chapter 75 of the laws of 1994, is amended to
    25  read as follows:
    26    (a) Driving while ability impaired. A violation of subdivision one  of
    27  section  eleven  hundred  ninety-two  of this article shall be a traffic

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16071-01-4
        A. 10691                            2

     1  infraction and shall be punishable by a fine  of  not  less  than  three
     2  hundred dollars nor more than five hundred dollars or by imprisonment in
     3  a penitentiary or county jail for not more than fifteen days, or by both
     4  such  fine and imprisonment. Additionally, such person shall be required
     5  to enter into and complete an alcohol and  drug  rehabilitation  program
     6  conducted pursuant to section eleven hundred ninety-six of this article.
     7  A  person  who operates a vehicle in violation of such subdivision after
     8  having been convicted of a violation of any subdivision of section elev-
     9  en hundred ninety-two of this article within the  preceding  five  years
    10  shall  be  punished  by a fine of not less than five hundred dollars nor
    11  more than seven hundred fifty dollars, or by imprisonment  of  not  more
    12  than  thirty  days in a penitentiary or county jail or by both such fine
    13  and imprisonment.  A person who operates a vehicle in violation of  such
    14  subdivision after having been convicted two or more times of a violation
    15  of  any subdivision of section eleven hundred ninety-two of this article
    16  within the preceding ten years shall be guilty  of  a  misdemeanor,  and
    17  shall be punished by a fine of not less than seven hundred fifty dollars
    18  nor  more  than  fifteen hundred dollars, or by imprisonment of not more
    19  than one hundred eighty days in a penitentiary or county jail or by both
    20  such fine and imprisonment.
    21    § 3. This act shall take effect immediately.