Bill Text: NY S02292 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring participation in an alcohol and drug rehabilitation program for certain first offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-23 - REFERRED TO TRANSPORTATION [S02292 Detail]

Download: New_York-2019-S02292-Introduced.html


                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  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1 of section 1193 of the vehicle and traffic
     2  law is amended by adding a new paragraph (h) to read as follows:
     3    (h) Where the court imposes a sentence  for  a  violation  of  section
     4  eleven  hundred  ninety-two or eleven hundred ninety-two-a of this arti-
     5  cle, the court shall require the defendant, as a part  or  condition  of
     6  such  sentence,  to  pay for and to attend an alcohol and drug rehabili-
     7  tation program conducted pursuant to section eleven  hundred  ninety-six
     8  of this article, in cases in which the defendant has not previously been
     9  convicted  of a violation of section eleven hundred ninety-two or eleven
    10  hundred ninety-two-a of this article and meets the eligibility  criteria
    11  for participation in such program set forth in such section.
    12    §  2. Subdivision 4 of section 1196 of the vehicle and traffic law, as
    13  amended by chapter 196 of the laws  of  1996,  is  amended  to  read  as
    14  follows:
    15    4. Eligibility. Participation in the program shall be limited to those
    16  persons convicted of alcohol or drug-related traffic offenses or persons
    17  who have been adjudicated youthful offenders for alcohol or drug-related
    18  traffic  offenses, or persons found to have been operating a motor vehi-
    19  cle after having consumed alcohol in violation of section eleven hundred
    20  ninety-two-a of this article, who choose or are sentenced to participate
    21  and who satisfy the criteria and meet the requirements for participation
    22  as established by this section and the  regulations  promulgated  there-
    23  under;  provided,  however,  in  the  exercise  of discretion, the judge
    24  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
     1  program  for  good  cause,  in which event the reasons therefor shall be
     2  stated upon the  record.    The  commissioner  or  deputy  may  exercise
     3  discretion,  for good cause, the reasons for which must be made known to
     4  the  person,  to  reject  any  person  [from  participation] referred or
     5  sentenced to such program from participating therein, and nothing herein
     6  contained shall be construed as creating a right to be included  in  any
     7  course  or  program  established  under  this section.   In addition, no
     8  person shall be permitted to take part in such program  if,  during  the
     9  five years immediately preceding commission of an alcohol or drug-relat-
    10  ed traffic offense or a finding of a violation of section eleven hundred
    11  ninety-two-a  of this article, such person has participated in a program
    12  established pursuant to this article or been convicted of a violation of
    13  any subdivision of section eleven hundred  ninety-two  of  this  article
    14  other  than  a  violation  committed  prior  to November first, nineteen
    15  hundred eighty-eight, for which such person did not participate in  such
    16  program.  In  the  exercise  of discretion, the commissioner or a deputy
    17  shall have the right to expel any participant from the program who fails
    18  to satisfy the requirements for participation in  such  program  or  who
    19  fails  to  satisfactorily  participate  in  or attend any aspect of such
    20  program. Notwithstanding any contrary provisions of this chapter, satis-
    21  factory participation in and completion of  a  course  in  such  program
    22  shall result in the termination of any sentence of imprisonment that may
    23  have been imposed by reason of a conviction therefor; provided, however,
    24  that  nothing  contained in this section shall delay the commencement of
    25  such sentence.
    26    § 3. This act shall take effect on the first of November next succeed-
    27  ing the date on which it shall have become a law.
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