NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9605
SPONSOR: Hyndman 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
STATE OF NEW YORK
________________________________________________________________________
9605
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee 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
25 program for good cause, in which event the reasons therefor shall be
26 stated upon the record. The commissioner or deputy may exercise
27 discretion, for good cause, the reasons for which must be made known to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08583-01-3
A. 9605 2
1 the person, to reject any person [from participation] referred or
2 sentenced to such program from participating therein, and nothing herein
3 contained shall be construed as creating a right to be included in any
4 course or program established under this section. In addition, no
5 person shall be permitted to take part in such program if, during the
6 five years immediately preceding commission of an alcohol or drug-relat-
7 ed traffic offense or a finding of a violation of section eleven hundred
8 ninety-two-a of this article, such person has participated in a program
9 established pursuant to this article or been convicted of a violation of
10 any subdivision of section eleven hundred ninety-two of this article
11 other than a violation committed prior to November first, nineteen
12 hundred eighty-eight, for which such person did not participate in such
13 program. In the exercise of discretion, the commissioner or a deputy
14 shall have the right to expel any participant from the program who fails
15 to satisfy the requirements for participation in such program or who
16 fails to satisfactorily participate in or attend any aspect of such
17 program. Notwithstanding any contrary provisions of this chapter, satis-
18 factory participation in and completion of a course in such program
19 shall result in the termination of any sentence of imprisonment that may
20 have been imposed by reason of a conviction therefor; provided, however,
21 that nothing contained in this section shall delay the commencement of
22 such sentence.
23 § 3. This act shall take effect on the first of November next succeed-
24 ing the date on which it shall have become a law.
