Bill Text: NY S04464 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires mandatory screening for alcohol or substance abuse and dependency when a person operates a motor vehicle while impaired by the combined influence of drugs or of alcohol and any drug or drugs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-12 - REFERRED TO TRANSPORTATION [S04464 Detail]

Download: New_York-2019-S04464-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 12, 2019
        Introduced  by  Sen. HELMING -- 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, in  relation  to  mandatory
          screening procedures
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 2 of  section  1198-a  of  the
     2  vehicle  and traffic law, as amended by chapter 496 of the laws of 2009,
     3  is amended to read as follows:
     4    (a) Mandatory screening; when authorized. Upon the arraignment of,  or
     5  at  the  discretion  of the court, prior to the sentencing of any person
     6  who (i) at arraignment is charged with or prior to sentencing  convicted
     7  of a first violation of operating a motor vehicle in violation of subdi-
     8  vision  one,  two  or  three  or  paragraph  (b) of subdivision two-a of
     9  section eleven hundred ninety-two of this article while such person  has
    10  less  than  .15  of  one per centum by weight of alcohol in the person's
    11  blood as shown by chemical analysis  of  such  person's  blood,  breath,
    12  urine  or  saliva  made  pursuant  to  the  provisions of section eleven
    13  hundred ninety-four of this article, or in violation of subdivision four
    14  or subdivision four-a of such section eleven hundred ninety-two, or (ii)
    15  has refused to submit to a chemical  test  pursuant  to  section  eleven
    16  hundred  ninety-four  of this article, the court shall order such person
    17  to submit to screening for alcohol or  substance  abuse  and  dependency
    18  using  a  standardized  written  screening  instrument  developed by the
    19  office of alcoholism and substance abuse services, to be administered by
    20  an alcohol or substance abuse professional.
    21    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.