BILL NUMBER: S213
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to mandatory
screening procedures
 
PURPOSE:
To provide an additional tool for intervention in cases of defendants
who suffer from addiction and would benefit from intervention or a fair
clinical assessment of their situation. This amendment would aid the
courts in addressing this crisis at a local level.
 
SUMMARY OF PROVISIONS:
Section 1: Paragraph (a) of subdivision 2 of section 1198-a of the vehi-
cle and traffic law is amended to provide for mandatory screening when a
person is in violation of subdivision 4(a) (driving while ability
impaired by the combined influence of drugs or of alcohol and any drug
or drugs) of Section 1192 of the Vehicle and Traffic Law.
Section 2: Provides for an immediate effective date.
 
JUSTIFICATION:
Driving while intoxicated (DWI) or driving under the influence of drugs
(DWAI) are serious crimes that can result in grievous injuries or death.
Enhanced laws that treat these crimes as public safety issues are
required to protect innocent citizens
Many counties are experiencing a significant increase in the number of
opioid-related deaths and emergency room visits. Currently, courts may
issue a mandatory screening when a defendant is charged with driving
while ability impaired by drugs. However, due a current "loophole" in
the Vehicle and Traffic Law, courts are precluded from ordering mandato-
ry screenings of defendants who are charged with driving while ability
impaired by the combined influence of drugs or alcohol and any drugs.
Amending VTL § 1198-a would empower judges to order screening or assess-
ments at arraignments on a violation of § 1198 (4-a) and would provide
another tool to combat opioid abuse.
 
LEGISLATIVE HISTORY:
2023-2024: S.4524 referred to Transportation
2021-2022: S.2602 referred to Transportation
2019-2020: S.4464 referred to Transportation/A.7471 referred to Trans-
portation
 
FISCAL IMPLICATIONS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S213: 1198-a vehicle and traffic law, 1198-a(2) vehicle and traffic law