Bill Text: NY S02516 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides that when a driving under the influence of alcohol offender is sentenced to probation, a condition thereof shall be alcohol and controlled substance monitoring by the probation department; such monitoring shall be by means of the use of a secure continuous remote alcohol monitor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO TRANSPORTATION [S02516 Detail]
Download: New_York-2011-S02516-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2516
2011-2012 Regular Sessions
I N S E N A T E
January 24, 2011
___________
Introduced by Sen. GIANARIS -- 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 and the executive law, in
relation to the imposition of a sentence of alcohol and controlled
substance monitoring upon conviction of an alcohol-related offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1193 of the vehicle and traffic law is amended by
2 adding a new subdivision 1-b to read as follows:
3 1-B. ALCOHOL AND CONTROLLED SUBSTANCE MONITORING. (A) IN ADDITION TO
4 ANY OTHER SANCTIONS PROVIDED BY THIS SECTION, THE COURT SHALL UPON
5 CONVICTION OF A PERSON OF A VIOLATION OF SUBDIVISION TWO, TWO-A OR THREE
6 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS ARTICLE, OR VEHICULAR
7 ASSAULT IN THE SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL
8 LAW, OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION
9 120.04 OF THE PENAL LAW, OR AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN
10 SECTION 120.04-A OF THE PENAL LAW, OR VEHICULAR MANSLAUGHTER IN THE
11 SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, OR VEHICU-
12 LAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 OF THE
13 PENAL LAW, OR AGGRAVATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14
14 OF THE PENAL LAW, WHEN SUCH COURT SENTENCES SUCH PERSON TO A PERIOD OF
15 PROBATION, MAKE A CONDITION OF SUCH PROBATION THE WEARING OF A SECURE
16 CONTINUOUS REMOTE ALCOHOL MONITOR FOR THE DETECTION OF THE USE OF ALCO-
17 HOL OR A CONTROLLED SUBSTANCE BY THE SENTENCED PERSON; PROVIDED, HOWEV-
18 ER, SUCH COURT SHALL NOT AUTHORIZE THE OPERATION OF A MOTOR VEHICLE BY
19 ANY SUCH PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE
20 HAS BEEN SUSPENDED OR REVOKED.
21 (B) A COURT SHALL CONDITION ANY BOND OR PRE-TRIAL RELEASE FOR A CHARGE
22 OF ANY OF THE OFFENSES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION UPON
23 THE WEARING OF A SECURE CONTINUOUS REMOTE ALCOHOL MONITOR, AND THE
24 PAYMENT OF THE ASSOCIATED COSTS AND EXPENSES. FURTHERMORE, THE COURT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05781-01-1
S. 2516 2
1 SHALL CONDITION THE SUSPENDED IMPOSITION OF SENTENCE OR SUSPENDED
2 EXECUTION OF SENTENCE UPON SUCH WEARING, AND THE PAYMENT OF THE ASSOCI-
3 ATED COSTS AND EXPENSES. A COURT MAY WAIVE A FINE OR BOND IN LIEU OF
4 PARTICIPATION IN THE ALCOHOL AND CONTROLLED SUBSTANCE MONITORING ESTAB-
5 LISHED PURSUANT TO THIS SUBDIVISION. IN ADDITION, A COURT MAY WAIVE THE
6 PAYMENT OF THE ASSOCIATED COST AND EXPENSE OF SUCH PROGRAM WHERE THE
7 PROBATIONER OR DEFENDANT MEETS THE ELIGIBILITY REQUIREMENTS FOR A PUBLIC
8 DEFENDER.
9 (C) THE FAILURE OF ANY PERSON TO COMPLY WITH THE REQUIREMENTS OF THE
10 ALCOHOL AND CONTROLLED SUBSTANCE MONITORING PROGRAM SHALL RESULT IN THE
11 ISSUANCE OF A REVOCATION ORDER. NO PROVISION OF THIS SUBDIVISION SHALL
12 AUTHORIZE A COURT TO SENTENCE ANY PERSON TO A PERIOD OF PROBATION FOR
13 SUBJECTING HIM OR HER TO THE PROGRAM ESTABLISHED BY THIS SUBDIVISION,
14 UNLESS SUCH PERSON WOULD OTHERWISE HAVE BEEN ELIGIBLE TO BE SENTENCED TO
15 PROBATION.
16 (D) EVERY PERSON SENTENCED PURSUANT TO THIS SUBDIVISION SHALL PROVIDE
17 PROOF OF COMPLIANCE TO THE SENTENCING COURT IN SUCH MANNER AND AT SUCH
18 TIMES AS THE COURT SHALL REQUIRE.
19 (E) ALL COSTS AND EXPENSES COLLECTED PURSUANT TO THIS SUBDIVISION
20 SHALL BE PAID IN THE TREASURY OF THE COUNTY OR CITY OF NEW YORK, THE
21 PROCEEDS OF WHICH SHALL BE USED SOLELY FOR THE PURPOSE OF DEFRAYING
22 RECURRING COSTS INCLUDING MAINTAINING EQUIPMENT, FUNDING SUPPORT
23 SERVICES AND ENSURING COMPLIANCE.
24 S 2. Section 243 of the executive law is amended by adding a new
25 subdivision 5 to read as follows:
26 5. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE ADMIN-
27 ISTRATION OF ALCOHOL AND CONTROLLED SUBSTANCE MONITORING PURSUANT TO
28 SUBDIVISION ONE-B OF SECTION ELEVEN HUNDRED NINETY-THREE OF THE VEHICLE
29 AND TRAFFIC LAW. SUCH RULES AND REGULATIONS SHALL:
30 (A) PROVIDE FOR PROCEDURES AND APPARATUS FOR TESTING THE ELECTRONIC
31 MONITORING DEVICES;
32 (B) SET PARTICIPATION AND USER FEES, PROVIDED, THAT SUCH USER FEES
33 SHALL NOT BE LESS THAN THE PRO RATA COST OF THE PURCHASE AND USE OF THE
34 SECURE CONTINUOUS REMOTE ALCOHOL MONITOR; AND
35 (C) REQUIRE THE SUBMISSION OF REPORTS AND INFORMATION BY LOCAL
36 PROBATION DEPARTMENTS.
37 S 3. This act shall take effect immediately, except that section two
38 of this act shall take effect on the first of January next succeeding
39 the date on which this act shall have become a law.
