S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10691
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of 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:
 
   Section  1.  Subparagraph  (ii)  of paragraph (a) of subdivision 10 of
 section 1192 of the vehicle and traffic law, as amended by  chapter  732
 of the laws of 2006, is amended to read as follows:
   (ii)  In  any  case wherein the charge laid before the court alleges a
 violation of subdivision two, three, four or four-a of this section,  no
 plea  of  guilty to subdivision one of this section shall be accepted by
 the court unless such plea includes as a condition thereof the  require-
 ment  that  the defendant attend and complete the alcohol and drug reha-
 bilitation program established pursuant to section eleven hundred  nine-
 ty-six  of this article, including any assessment and treatment required
 thereby; provided, however, that such requirement may be waived  by  the
 court  upon application of the district attorney or the defendant demon-
 strating that the defendant, as  a  condition  of  the  plea,  has  been
 required to enter into and complete an alcohol or drug treatment program
 prescribed  pursuant  to  an  alcohol  or  substance  abuse screening or
 assessment conducted pursuant to section eleven  hundred  ninety-eight-a
 of  this article [or for other good cause shown]. The provisions of this
 subparagraph shall apply, notwithstanding any bars to  participation  in
 the  alcohol and drug rehabilitation program set forth in section eleven
 hundred ninety-six of this article; provided, however, that  nothing  in
 this  paragraph  shall  authorize  the issuance of a conditional license
 unless otherwise authorized by law.
   § 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and
 traffic law, as amended by chapter 75 of the laws of 1994, is amended to
 read as follows:
   (a) Driving while ability impaired. A violation of subdivision one  of
 section  eleven  hundred  ninety-two  of this article shall be a traffic
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16071-01-4
 A. 10691                            2
 
 infraction and shall be punishable by a fine  of  not  less  than  three
 hundred dollars nor more than five hundred dollars or by imprisonment in
 a penitentiary or county jail for not more than fifteen days, or by both
 such  fine and imprisonment. ADDITIONALLY, SUCH PERSON SHALL BE REQUIRED
 TO ENTER INTO AND COMPLETE AN ALCOHOL AND  DRUG  REHABILITATION  PROGRAM
 CONDUCTED PURSUANT TO SECTION ELEVEN HUNDRED NINETY-SIX OF THIS ARTICLE.
 A  person  who operates a vehicle in violation of such subdivision after
 having been convicted of a violation of any subdivision of section elev-
 en hundred ninety-two of this article within the  preceding  five  years
 shall  be  punished  by a fine of not less than five hundred dollars nor
 more than seven hundred fifty dollars, or by imprisonment  of  not  more
 than  thirty  days in a penitentiary or county jail or by both such fine
 and imprisonment.  A person who operates a vehicle in violation of  such
 subdivision after having been convicted two or more times of a violation
 of  any subdivision of section eleven hundred ninety-two of this article
 within the preceding ten years shall be guilty  of  a  misdemeanor,  and
 shall be punished by a fine of not less than seven hundred fifty dollars
 nor  more  than  fifteen hundred dollars, or by imprisonment of not more
 than one hundred eighty days in a penitentiary or county jail or by both
 such fine and imprisonment.
   § 3. This act shall take effect immediately.