S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1009
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01316-01-5
              

 A. 1009                             2
 
   § 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
 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.