NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1009
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to mandatory
alcohol or drug treatment relating to driving while impaired by alcohol
or drugs
PURPOSE:
Ensure that those convicted of impaired driving offenses complete the
Impaired Driver Program.
SUMMARY OF PROVISIONS:
Section 1: Amends § 1192(10)(a)(ii) of the Vehicle and Traffic Law to
eliminate the words "or for other good cause shown" to eliminate
instances where a judge can exempt a defendant from completing the
Impaired Driver Program.
Section 2: Amends § 1193(1)(a) of the Vehicle and Traffic Law to require
that those convicted of Driving While Ability Impaired
("DWAI") must complete the Impaired Driver Program.
Section 3: Establishes the effective date.
JUSTIFICATION:
Since 1975, the Impaired Driver Program (formally known as the Drinking
Driver Program) has provided instruction and treatment assistance to
those convicted of driving under the influence. The Impaired Driving
Program began as a voluntary program that allowed people to receive a
conditional license upon completion. However, beginning in 2006 it was
made mandatory in certain plea-bargaining situations. Unfortunately,
broad language in the current law allows judges to forgo sentencing many
to the program.
The Impaired Driving Program requires participants to complete 16 hours
of classroom instruction over 7 weeks and complete substance abuse
screening and treatment if needed. It is a valuable program that can
help those convicted of driving under the influence learn from their
mistakes and get needed help. With a rise in impaired driving
convictions and crashes, requiring everyone convicted to complete this
class will make a difference even if it is just a reminder about the
consequences of driving under the influence.
This bill removes some of the discretion judges have to waive the
Impaired Driving Program requirement and makes it mandatory for anyone
convicted of the violation of Driving While Ability Impaired ("DWAI").
DWAI is the most common conviction for those plea bargaining their first
impaired driving charge.
PRIOR LEGISLATIVE HISTORY:
2024: A.10691
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1009
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01316-01-5
A. 1009 2
1 § 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and
2 traffic law, as amended by chapter 75 of the laws of 1994, is amended to
3 read as follows:
4 (a) Driving while ability impaired. A violation of subdivision one of
5 section eleven hundred ninety-two of this article shall be a traffic
6 infraction and shall be punishable by a fine of not less than three
7 hundred dollars nor more than five hundred dollars or by imprisonment in
8 a penitentiary or county jail for not more than fifteen days, or by both
9 such fine and imprisonment. Additionally, such person shall be required
10 to enter into and complete an alcohol and drug rehabilitation program
11 conducted pursuant to section eleven hundred ninety-six of this article.
12 A person who operates a vehicle in violation of such subdivision after
13 having been convicted of a violation of any subdivision of section elev-
14 en hundred ninety-two of this article within the preceding five years
15 shall be punished by a fine of not less than five hundred dollars nor
16 more than seven hundred fifty dollars, or by imprisonment of not more
17 than thirty days in a penitentiary or county jail or by both such fine
18 and imprisonment. A person who operates a vehicle in violation of such
19 subdivision after having been convicted two or more times of a violation
20 of any subdivision of section eleven hundred ninety-two of this article
21 within the preceding ten years shall be guilty of a misdemeanor, and
22 shall be punished by a fine of not less than seven hundred fifty dollars
23 nor more than fifteen hundred dollars, or by imprisonment of not more
24 than one hundred eighty days in a penitentiary or county jail or by both
25 such fine and imprisonment.
26 § 3. This act shall take effect immediately.
