New York S 7613: Relates to certain criminal penalties for driving while impaired by alcohol or drugs

Bill Text

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S07613 Summary:

BILL NOS07613 

&nbsp

SAME ASSAME AS A01009

&nbsp

SPONSORCOONEY

&nbsp

COSPNSRWALCZYK

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MLTSPNSR

&nbsp

Amd §§1192 & 1193, V & T L

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Relates to certain criminal penalties involving required alcohol and drug rehabilitation for driving while impaired by alcohol or drugs.

Go to top S07613 Actions:

BILL NOS07613 

&nbsp

04/23/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS07613 Committee&nbspVotes:

Go to topS07613 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07613 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7613

 2025-2026 Regular Sessions

 IN SENATE

 April 23, 2025
 ___________

 Introduced by Sen. COONEY -- 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
 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:

 1 Section 1. Subparagraph (ii) of paragraph (a) of subdivision 10 of
 2 section 1192 of the vehicle and traffic law, as amended by chapter 732
 3 of the laws of 2006, is amended to read as follows:
 4 (ii) In any case wherein the charge laid before the court alleges a
 5 violation of subdivision two, three, four or four-a of this section, no
 6 plea of guilty to subdivision one of this section shall be accepted by
 7 the court unless such plea includes as a condition thereof the require-
 8 ment that the defendant attend and complete the alcohol and drug reha-
 9 bilitation program established pursuant to section eleven hundred nine-
 10 ty-six of this article, including any assessment and treatment required
 11 thereby; provided, however, that such requirement may be waived by the
 12 court upon application of the district attorney or the defendant demon-
 13 strating that the defendant, as a condition of the plea, has been
 14 required to enter into and complete an alcohol or drug treatment program
 15 prescribed pursuant to an alcohol or substance abuse screening or
 16 assessment conducted pursuant to section eleven hundred ninety-eight-a
 17 of this article [or for other good cause shown]. The provisions of this
 18 subparagraph shall apply, notwithstanding any bars to participation in
 19 the alcohol and drug rehabilitation program set forth in section eleven
 20 hundred ninety-six of this article; provided, however, that nothing in
 21 this paragraph shall authorize the issuance of a conditional license
 22 unless otherwise authorized by law.

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

 S. 7613 2

 1 § 2. Paragraph (a) of subdivision 1 of section 1193 of the vehicle and
 2 traffic law, as amended by chapter 75 of the laws of 1994, is amended to
 3 read as follows:
 4 (a) Driving while ability impaired. A violation of subdivision one of
 5 section eleven hundred ninety-two of this article shall be a traffic
 6 infraction and shall be punishable by a fine of not less than three
 7 hundred dollars nor more than five hundred dollars or by imprisonment in
 8 a penitentiary or county jail for not more than fifteen days, or by both
 9 such fine and imprisonment. Additionally, such person shall be required
 10 to enter into and complete an alcohol and drug rehabilitation program
 11 conducted pursuant to section eleven hundred ninety-six of this article.
 12 A person who operates a vehicle in violation of such subdivision after
 13 having been convicted of a violation of any subdivision of section elev-
 14 en hundred ninety-two of this article within the preceding five years
 15 shall be punished by a fine of not less than five hundred dollars nor
 16 more than seven hundred fifty dollars, or by imprisonment of not more
 17 than thirty days in a penitentiary or county jail or by both such fine
 18 and imprisonment. A person who operates a vehicle in violation of such
 19 subdivision after having been convicted two or more times of a violation
 20 of any subdivision of section eleven hundred ninety-two of this article
 21 within the preceding ten ye