Limits the suspension or revocation of an individual's driver's license when participating in a treatment court program

◆ The sponsor's argument

Why Shelley Mayer says this is needed

This bill emerged from conversations with the Senate sponsor's Veterans Advisory Committee, where veterans expressed frustration with a court process that resulted in veterans and other defendants in treatment court receiving an erroneous double punishment and license suspension. This bill would correct this error. In New York State, when a defendant is arrested and pleads guilty to violations of the vehicle and traffic law that involve alcohol and drugs, in lieu of other penalties outlined in the vehicle and traffic law, they are sometimes provided the opportunity to receive an alternate sentence by entering a 12-to-15-month Treatment Court program. At the conclusion of the Treatment Court Program (graduation), which includes periodic court appearances, drug testing, counseling, and treatment through approved providers, the court, in conjunction with the district attorney and defense attorney, can vacate the original charge(s) and replace them with a predetermined reduced charge, such as Driving While Ability Impaired (DWAI). As part of this program, when the defendants enter the program, they are usually subject to a license revocation or suspension. However, in practice, when the defendants have completed the program and pleaded guilty to the reduced charges, the Department of Motor Vehicles has erroneously identified it as a second alcohol related offense and imposed a second 6-month license and driving privilege suspension, as well as a new OASAS Assessment to be completed before the driving privileges are restored. This has caused much time and energy to be wasted on an error that is not the fault of the defendant. This bill would ensure that defendants who have been sentenced and successfully receive treatment and penalties through Treatment Court Programs, and who have had their license revoked or suspended under the initial plea, are not subject to an erroneous second suspension of their driver's license when the first charge is vacated and they plead guilty to lesser charges permitted by the Treatment Court Program. This bill ensures that the Department of Motor Vehicles (DMV) does not mistakenly interpret the second guilty plea upon completion of Treatment Court to the lesser charge as a new charge requiring a new suspension or revocation of the driver's license. The NYS Office of Court Adminis- tration has provided a memo of support for this bill.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.