New York S 6312: Requires participation in an alcohol and drug rehabilitation program for certain first offenders

Bill Text

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S06312 Summary:

BILL NOS06312 

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SAME ASSAME AS A06401

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Amd §§1193 & 1196, V & T L

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Relates to requiring participation in an alcohol and drug rehabilitation program for certain first offenders.

Go to top S06312 Actions:

BILL NOS06312 

&nbsp

03/10/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS06312 Committee&nbspVotes:

Go to topS06312 Floor&nbspVotes:

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

Go to topS06312 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6312

 2025-2026 Regular Sessions

 IN SENATE

 March 10, 2025
 ___________

 Introduced by Sen. SANDERS -- 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 requiring
 participation in an alcohol and drug rehabilitation program for
 certain first offenders

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 1 of section 1193 of the vehicle and traffic
 2 law is amended by adding a new paragraph (h) to read as follows:
 3 (h) Where the court imposes a sentence for a violation of section
 4 eleven hundred ninety-two or eleven hundred ninety-two-a of this arti-
 5 cle, the court shall require the defendant, as a part or condition of
 6 such sentence, to pay for and to attend an alcohol and drug rehabili-
 7 tation program conducted pursuant to section eleven hundred ninety-six
 8 of this article, in cases in which the defendant has not previously been
 9 convicted of a violation of section eleven hundred ninety-two or eleven
 10 hundred ninety-two-a of this article and meets the eligibility criteria
 11 for participation in such program set forth in such section.
 12 § 2. Subdivision 4 of section 1196 of the vehicle and traffic law, as
 13 amended by chapter 196 of the laws of 1996, is amended to read as
 14 follows:
 15 4. Eligibility. Participation in the program shall be limited to those
 16 persons convicted of alcohol or drug-related traffic offenses or persons
 17 who have been adjudicated youthful offenders for alcohol or drug-related
 18 traffic offenses, or persons found to have been operating a motor vehi-
 19 cle after having consumed alcohol in violation of section eleven hundred
 20 ninety-two-a of this article, who choose or are sentenced to participate
 21 and who satisfy the criteria and meet the requirements for participation
 22 as established by this section and the regulations promulgated there-
 23 under; provided, however, in the exercise of discretion, the judge
 24 imposing sentence may prohibit the defendant from enrolling in such

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10026-01-5

 S. 6312 2

 1 program for good cause, in which event the reasons therefor shall be
 2 stated upon the record. The commissioner or deputy may exercise
 3 discretion, for good cause, the reasons for which must be made known to
 4 the person, to reject any person [from participation] referred or
 5 sentenced to such program from participating therein, and nothing herein
 6 contained shall be construed as creating a right to be included in any
 7 course or program established under this section. In addition, no
 8 person shall be permitted to take part in such program if, during the
 9 five years immediately preceding commission of an alcohol or drug-relat-
 10 ed traffic offense or a finding of a violation of section eleven hundred
 11 ninety-two-a of this article, such person has participated in a program
 12 established pursuant to this article or been convicted of a violation of
 13 any subdivision of section eleven hundred ninety-two of this article
 14 other than a violation committed prior to November first, nineteen
 15 hundred eighty-eight, for which such person did not participate in such
 16 program. In the exercise of discretion, the commissioner or a deputy
 17 shall have the right to expel any participant from the program who fails
 18 to satisfy the requirements for participation in such program or who
 19 fails to satisfactorily participate in or at