NY State Senate Bill 2009-S3121

Senate Bill S3121

2009-2010 Legislative Session

Requires any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence

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Archive: Last Bill Status - In Senate Committee Transportation 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
Mar 11, 2009	referred to transportation

co-Sponsors

2009-S3121 (ACTIVE) - Details

See Assembly Version of this Bill:: A8809
Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1193, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S634
2013-2014: S144
2015-2016: S238
2017-2018: S4859

2009-S3121 (ACTIVE) - Summary

Requires any person convicted of operating a motor vehicle while under the influence of alcohol or drugs to complete a drinking driver program as a condition of their sentence.

2009-S3121 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3121

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to requiring
any person convicted of operating a motor vehicle while under the
influence of alcohol or drugs to complete a drinking driver program as
a condition of their sentence

 PURPOSE OF BILL :
To ensure that a person convicted of driving a motor vehicle while
under the influence of alcohol or drugs is mandated as a condition of
his or her sentence to participate in the Drinking Driver Program and
receive an evaluation conducted by an addiction professional from an
Office of Alcoholism and Substance Abuse Services licensed program and
require that the offender pay the cost of the program.

 SUMMARY OF SPECIFIC PROVISIONS :
Subdivision 1 of section 1193 of the vehicle and traffic law is
amended by adding a new paragraph to read as follows: "Where the court
imposes a sentence for any violation of section eleven hundred
ninety-two or section eleven hundred ninety-two-a of this article, the
court shall require the defendant, as a condition of such sentence, to
complete a drinking driver program licensed by the office of
alcoholism and substance abuse services and taught by a substance
abuse professional who is credentialed by the office of alcoholism and
substance abuse services pursuant to section 19 07 of the mental

hygiene law, and receive an evaluation conducted by the substance
abuse professional teaching the program The fee for attending such
program shall be paid by the defendant.

 JUSTIFICATION :
Due to the continued, unnecessarily high number of DWI convictions
throughout the City and State of New York, and because under the
current system many convicted offenders choose not to participate in
the Drinking Driver Program and may receive evaluations from
individual practitioners or programs with no accountability to OASAS
or even no evaluation, it is necessary to mandate that those convicted
of DWI participate, get evaluated by and pay the cost of said programs

The inability of authorities to assure that an individual arrested and
convicted of drunk driving offense does not get out on the road again
under the influence of alcohol is a significant failure of our State
laws and criminal justice system to control drunk driving, This bill
will come a long way to remedy this failure.

 LEGISLATIVE HISTORY :
S.770  2007-08

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the dale on which it shall have become a law.

2009-S3121 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3121

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 11, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  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
  any  person  convicted  of  operating  a motor vehicle while under the
  influence of alcohol or drugs to complete a drinking driver program as
  a condition of their sentence

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 1193 of the vehicle and traffic
law is amended by adding a new paragraph (g) to read as follows:
  (G) WHERE THE COURT IMPOSES A SENTENCE FOR ANY  VIOLATION  OF  SECTION
ELEVEN HUNDRED NINETY-TWO OR SECTION ELEVEN HUNDRED NINETY-TWO-A OF THIS
ARTICLE,  THE  COURT SHALL REQUIRE THE DEFENDANT, AS A CONDITION OF SUCH
SENTENCE, TO COMPLETE A DRINKING DRIVER PROGRAM LICENSED BY  THE  OFFICE
OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE SERVICES AND TAUGHT BY A SUBSTANCE
ABUSE PROFESSIONAL WHO IS CREDENTIALED BY THE OFFICE OF  ALCOHOLISM  AND
SUBSTANCE ABUSE SERVICES PURSUANT TO SECTION 19.07 OF THE MENTAL HYGIENE
LAW,  AND RECEIVE AN EVALUATION CONDUCTED BY THE SUBSTANCE ABUSE PROFES-
SIONAL TEACHING THE PROGRAM. THE FEE FOR ATTENDING SUCH PROGRAM SHALL BE
PAID BY THE DEFENDANT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03914-02-9

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Senate Bill S3121

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Sponsored By

Ruben Diaz