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

                                  8420

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced  by  M.  of  A.  SALADINO,  N. RIVERA, MALLIOTAKIS, McKEVITT,
  CURRAN -- Multi-Sponsored by -- M. of A. CROUCH, McDONOUGH, RA, THIELE
  -- read once and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  increasing
  the  period of license suspension for certain DWI offenses and requir-
  ing attendance at an alcohol and drug rehabilitation program

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

  Section  1. Subparagraphs 2 and 3 of paragraph (b) of subdivision 2 of
section 1193 of the vehicle and traffic law, as amended by  chapter  732
of the laws of 2006, are amended to read as follows:
  (2)  Driving  while  intoxicated or while ability impaired by drugs or
while ability impaired by the combined influence of drugs or of  alcohol
and  any  drug  or  drugs;  aggravated  driving  while intoxicated. [Six
months] (A) ONE YEAR, where the holder is convicted of  a  violation  of
subdivision  two,  three, four or four-a OR PARAGRAPH (A) OF SUBDIVISION
TWO-A of section eleven hundred ninety-two of this article.
  (B) One year AND SIX MONTHS,  where  the  holder  is  convicted  of  a
violation  OF  PARAGRAPH  (B)  of  subdivision  two-a  of section eleven
hundred ninety-two of this article.
  (3) Driving while intoxicated or while ability impaired  by  drugs  or
while  ability impaired by the combined influence of drugs or of alcohol
and any drug or  drugs;  aggravated  driving  while  intoxicated;  prior
offense.  [One  year]  (A) TWO YEARS, where the holder is convicted of a
violation of subdivision two, three, four or four-a OR PARAGRAPH (A)  OF
SUBDIVISION  TWO-A  of section eleven hundred ninety-two of this article
committed within ten years of a conviction for a violation  of  subdivi-
sion  two,  TWO-A, three, four or four-a of section eleven hundred nine-
ty-two of this article.
  [Eighteen months] (B) TWO YEARS AND SIX MONTHS, where  the  holder  is
convicted  of  a  violation  of  PARAGRAPH  (B)  OF subdivision two-a of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09012-01-1
              

A. 8420                             2

section eleven hundred ninety-two of this article committed  within  ten
years  of a conviction for a violation of subdivision two, two-a, three,
four or four-a of section eleven hundred ninety-two of this article[; or
where  the holder is convicted of a violation of subdivision two, three,
four or four-a of section eleven  hundred  ninety-two  of  this  article
committed  within  ten years of a conviction for a violation of subdivi-
sion two-a of section eleven hundred ninety-two of this article].
  S 2. Subdivision 4 of section 1196 of the vehicle and traffic law,  as
amended  by  chapter  196  of  the  laws  of 1996, is amended to read as
follows:
  4. Eligibility. Participation in the program shall be  [limited  to]
MANDATORY FOR those persons convicted of alcohol or drug-related traffic
offenses  [or persons who], have been adjudicated youthful offenders for
alcohol or drug-related traffic offenses [,] or persons  found  to  have
been  operating  a motor vehicle after having consumed alcohol, DRUGS OR
ALCOHOL AND DRUGS in violation of section eleven hundred ninety-two-a of
this article[, who choose to participate and who  satisfy  the  criteria
and  meet  the  requirements  for  participation  as established by this
section and the regulations promulgated thereunder;  provided,  however,
in  the exercise of discretion, the judge imposing sentence may prohibit
the defendant from enrolling in such program. The commissioner or deputy
may  exercise  discretion,  to  reject  any  person  from  participation
referred to such program and nothing herein contained shall be construed
as  creating a right to be included in any course or program established
under this section.  In addition, no person shall be permitted  to  take
part  in  such  program  if, during the five years immediately preceding
commission of an alcohol or drug-related traffic offense or a finding of
a violation of section eleven hundred ninety-two-a of this article, such
person has participated in a program established pursuant to this  arti-
cle or been convicted of a violation of any subdivision of section elev-
en  hundred  ninety-two of this article other than a violation committed
prior to November first, nineteen hundred eighty-eight, for  which  such
person  did  not  participate  in  such  program.  In  the  exercise  of
discretion, the commissioner or a deputy shall have the right  to  expel
any  participant  from the program who fails to satisfy the requirements
for participation in such program or who fails to satisfactorily partic-
ipate in or attend any aspect  of  such  program].  Notwithstanding  any
contrary  provisions  of this chapter, satisfactory participation in and
completion of a course in such program shall result in  the  termination
of  any sentence of imprisonment that may have been imposed by reason of
a conviction therefor; provided, however, that nothing contained in this
section shall delay the commencement of such sentence.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.