Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to transportation |
Jun 02, 2009 |
referred to transportation |
Assembly Bill A8650
2009-2010 Legislative Session
Sponsored By
GIANARIS
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Amy Paulin
Michael DenDekker
Earlene Hooper
William Colton
multi-Sponsors
Nelson Castro
Sandy Galef
Ellen C. Jaffee
Susan John
2009-A8650 (ACTIVE) - Details
2009-A8650 (ACTIVE) - Summary
Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition thereof shall be alcohol and controlled substance monitoring by the probation department; such monitoring shall be by means of the use of a secure continuous remote alcohol monitor.
2009-A8650 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8650 TITLE OF BILL: An act to amend the vehicle and traffic law and the executive law, in relation to the imposition of a sentence of alcohol and controlled substance monitoring upon conviction of an alcohol-relat- ed offense PURPOSE: Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition shall be alcohol and controlled substance monitoring. SUMMARY OF PROVISIONS: Section 1 adds subsections to the executive law entitled the Sobriety Pilot Program which requires the use of a Secure Continuous Remote Alcohol Monitor (SCRAM) System as a condition of pre- trial release for those accused of DWI/DWAI and as a condition of probation for those sentenced to probation. JUSTIFICATION: Currently, judges as part of probation, may require certain persons convicted of driving while intoxicated or under the influence of a controlled substance to use a chemical testing interlock- ing device which prohibits the participant from using their vehicle if the device registers the presence of a alcohol or a controlled substance. This program has met with some success but offenders have found creative ways to subvert these systems. On more than one occasion, people have been arrested for driving while intoxicated even with inter- locking devices because another person has breathed in the device for
2009-A8650 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8650 2009-2010 Regular Sessions I N A S S E M B L Y June 2, 2009 ___________ Introduced by M. of A. GIANARIS, PAULIN, DenDEKKER, HOOPER, COLTON, HOYT, GUNTHER, ALESSI, SPANO, DelMONTE -- Multi-Sponsored by -- M. of A. CASTRO, GALEF, JAFFEE, JOHN, LANCMAN, MAYERSOHN, MILLMAN, SCHIMEL, TITONE, WEISENBERG -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law and the executive law, in relation to the imposition of a sentence of alcohol and controlled substance monitoring upon conviction of an alcohol-related offense THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1193 of the vehicle and traffic law is amended by adding a new subdivision 1-b to read as follows: 1-B. ALCOHOL AND CONTROLLED SUBSTANCE MONITORING. (A) IN ADDITION TO ANY OTHER SANCTIONS PROVIDED BY THIS SECTION, THE COURT SHALL UPON CONVICTION OF A PERSON OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR VEHICULAR ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL LAW, OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.04 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW, OR VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, OR VEHICU- LAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL LAW, WHEN SUCH COURT SENTENCES SUCH PERSON TO A PERIOD OF PROBATION, MAKE A CONDITION OF SUCH PROBATION THE WEARING OF A SECURE CONTINUOUS REMOTE ALCOHOL MONITOR FOR THE DETECTION OF THE USE OF ALCO- HOL OR A CONTROLLED SUBSTANCE BY THE SENTENCED PERSON; PROVIDED, HOWEV- ER, SUCH COURT SHALL NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY ANY SUCH PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10153-02-9
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