A 1009: Relates to certain criminal penalties involving required alcohol and drug rehabilitation for driving while impaired by alcohol or drugs.

  
  STATE OF NEW YORK ________________________________________________________________________ 1009 2025-2026 Regular Sessions  IN ASSEMBLY (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: 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 
 A. 1009 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 years shall be guilty of a misdemeanor, and 22 shall be punished by a fine of not less than seven hundred fifty dollars 23 nor more than fifteen hundred dollars, or by imprisonment of not more 24 than one hundred eighty days in a penitentiary or county jail or by both 25 such fine and imprisonment. 26 § 3. This act shall take effect immediately.