Senate Bill S7928A

                                 
BILL NUMBER: S7928A       Revised 5/16/2026

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the vehicle and traffic law, in relation to limiting the
suspension or revocation of an individual's driver's license when
participating in a treatment court program

 
PURPOSE OF BILL:

To ensure that defendants who have been sentenced, incurred penalties,
including the revocation or suspensions of their license, and then
successfully completed treatment through a Treatment Court Program for
violations of the vehicle and traffic law that involve alcohol and drugs
are not penalized a second time in error, particularly through suspen-
sion or revocation of their driver's license, when they plead guilty to
the lesser charges permitted by completion of the Treatment Court
Program.

 
SUMMARY OF SPECIFIC PROVISIONS:

              

Section 1 amends Paragraph (e) of subdivision 2 of section 1193 of the
vehicle and traffic law by adding a new subparagraph 8 to ensure defend-
ants, who plead guilty in accordance with a conditional plea agreement
prior to entering and successfully receiving treatment and penalties,
including suspension of or revocation of the defendant's driver's
license, through a Treatment Court Program can, at least six months
after the initial plea, withdraw their previously entered plea of guilty
the and plead guilty to authorized lesser charges without imposition of
additional penalties, including suspension of driver's license.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

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.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.