Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to finance |
Jan 07, 2009 |
referred to finance |
Senate Bill S547
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Finance 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
2009-S547 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Appropriations
- Laws Affected:
- Add ยง231, Exec L
2009-S547 (ACTIVE) - Summary
Creates a 24/7 sobriety pilot program in up to ten counties to be determined by the superintendent of police; requires persons convicted of certain DWI offenses in such counties and sentenced to probation to submit to twice daily chemical testing; makes an appropriation therefor.
2009-S547 (ACTIVE) - Sponsor Memo
BILL NUMBER: S547 TITLE OF BILL : An act to amend the executive law, in relation to creating a 24/7 sobriety pilot program; making an appropriation therefor; and providing for the repeal of such provisions upon expiration thereof PURPOSE : To establish the 24/7 Sobriety Pilot Program in ten counties for the purpose of giving judges the option of using either twice daily chemical testing or 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 convicted of a second offense. SUMMARY OF PROVISIONS : Section 1 adds subsections to the executive law entitled the Sobriety Pilot Program which provides judges with the option ordering twice-daily chemical testing or 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 convicted of a second offense.
2009-S547 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 547 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. FUSCHILLO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the executive law, in relation to creating a 24/7 sobriety pilot program; making an appropriation therefor; and provid- ing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The executive law is amended by adding a new section 231 to read as follows: S 231. 24/7 SOBRIETY PILOT PROGRAM. 1. THERE IS HEREBY ESTABLISHED A "24/7 SOBRIETY" PILOT PROGRAM TO BE ADMINISTERED IN TEN COUNTIES IN THIS STATE AS DETERMINED BY THE SUPERINTENDENT. THIS PROGRAM SHALL PROVIDE FOR EITHER TWICE-DAILY CHEMICAL TESTING OF PARTICIPANTS OR A SECURE CONTINUOUS REMOTE ALCOHOL MONITOR (SCRAM) SYSTEM FOR THOSE WHO HAVE BEEN CONVICTED OF CERTAIN OFFENSES THAT INVOLVE DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES. 2. THE SUPERINTENDENT SHALL DEVELOP AN APPLICATION PROCESS FOR PARTIC- IPATION BY UP TO TEN COUNTIES IN THIS STATE. A COUNTY MAY APPLY FOR PARTICIPATION THROUGH ITS COUNTY SHERIFF'S OFFICE. A COUNTY SHERIFF MAY DESIGNATE AN ALTERNATE ENTITY TO PROVIDE THE SERVICES REQUIRED BY THE PROGRAM. THE SUPERINTENDENT SHALL MAKE GRANTS FROM AMOUNTS APPROPRIATED THEREFOR TO A PARTICIPATING COUNTY TO OFFSET COSTS ASSOCIATED WITH PARTICIPATION INCLUDING EQUIPMENT, STAFFING AND ADMINISTRATION. 3. A COURT WITH JURISDICTION IN A PARTICIPATING COUNTY MAY REQUIRE THAT ANY PERSON WHO HAS BEEN CONVICTED OF A SECOND VIOLATION OF SUBDIVI- SION TWO, TWO-A OR THREE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR ANY CRIME DEFINED BY SUCH CHAPTER OR THE PENAL LAW OF WHICH AN ALCOHOL-RELATED VIOLATION OF ANY PROVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW IS AN ESSENTIAL ELEMENT, WITHIN A FIVE YEAR PERIOD, AND WHO HAS BEEN SENTENCED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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