Bill Text: NY S02317 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes courts to suspend a driver's license where the holder fails to appear before the court, pay a fine, complete an alcohol awareness program or complete community service within the period of time established by such court.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02317 Detail]

Download: New_York-2017-S02317-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2317
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced  by  Sens. RANZENHOFER, AVELLA, DeFRANCISCO, FLANAGAN, FUNKE,
          GALLIVAN, GOLDEN, LARKIN, MARCHIONE, MURPHY, RITCHIE -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Alcoholism and Drug Abuse
        AN  ACT  to amend the alcoholic beverage control law and the vehicle and
          traffic law, in relation to authorizing courts to suspend  a  driver's
          license where the holder fails to appear before the court, pay a fine,
          complete  an  alcohol  awareness program or complete community service
          within the period of time established by such court
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of section 65-c of the alcoholic beverage
     2  control law, as amended by chapter 137 of the laws of 2001,  is  amended
     3  to read as follows:
     4    3.  Any  person  who  unlawfully  possesses an alcoholic beverage with
     5  intent to consume may be summoned before and examined by a court  having
     6  jurisdiction  of  that charge; provided, however, that nothing contained
     7  herein shall authorize, or be construed to authorize, a peace officer as
     8  defined in subdivision thirty-three of  section  1.20  of  the  criminal
     9  procedure  law or a police officer as defined in subdivision thirty-four
    10  of section 1.20 of such law to arrest a person who unlawfully  possesses
    11  an alcoholic beverage with intent to consume. If a determination is made
    12  sustaining  such  charge the court may impose a fine not exceeding fifty
    13  dollars and/or completion of an alcohol  awareness  program  established
    14  pursuant  to section 19.25 of the mental hygiene law and/or an appropri-
    15  ate amount of community service not to exceed thirty hours.  In addition
    16  to any fine, alcohol awareness program and/or community service  imposed
    17  by  the  court pursuant to this section, the court may suspend the driv-
    18  er's license of any person who fails to appear before the court,  pay  a
    19  fine,  complete  an  alcohol  awareness  program  or  complete community
    20  service pursuant to this section within the period of  time  established
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06131-01-7

        S. 2317                             2
     1  by  such court. Such suspension shall be made upon notice to such person
     2  and shall remain in effect until such person appears in court, such fine
     3  has been paid or such program or community service has been completed to
     4  the satisfaction of the court.
     5    §  2.  Paragraph  k of subdivision 3 of section 510 of the vehicle and
     6  traffic law, as amended by chapter 124 of the laws of 1992,  is  amended
     7  and a new paragraph l is added to read as follows:
     8    k.  for a period of up to ninety days because of the conviction of the
     9  holder of the offenses of menacing as defined in section 120.15  of  the
    10  penal  law,  where such offense was committed against a traffic enforce-
    11  ment agent employed by the city of New York or the city of Buffalo while
    12  such agent was enforcing or attempting  to  enforce  the  traffic  regu-
    13  lations of such city[.];
    14    l. for failing to appear before the court or pay a fine or to complete
    15  an  alcohol  awareness  program or complete community service imposed by
    16  the court pursuant to subdivision three of section sixty-five-c  of  the
    17  alcoholic beverage control law.
    18    §  3.  Paragraph  (a) of subdivision 4-a of section 510 of the vehicle
    19  and traffic law, as added by section 10 of part J of chapter 62  of  the
    20  laws of 2003, is amended to read as follows:
    21    (a) Upon receipt of a court notification of the failure of a person to
    22  appear  within sixty days of the return date or new subsequent adjourned
    23  date, pursuant to an appearance  ticket  charging  said  person  with  a
    24  violation of any of the provisions of this chapter (except one for park-
    25  ing,  stopping,  or  standing),  of  any  violation of the tax law or of
    26  subdivision three of section  sixty-five-c  of  the  alcoholic  beverage
    27  control  law  or  of the transportation law regulating traffic or of any
    28  lawful ordinance or regulation made by  a  local  or  public  authority,
    29  relating  to  traffic (except one for parking, stopping, or standing) or
    30  the failure to pay a fine imposed by a court the commissioner or his  or
    31  her  agent may suspend the driver's license or privileges of such person
    32  pending receipt of notice from the court that such person  has  appeared
    33  in  response  to  such  appearance  ticket  or  has paid such fine. Such
    34  suspension shall take effect no less than thirty days from the day  upon
    35  which  notice  thereof  is  sent by the commissioner to the person whose
    36  driver's license or privileges  are  to  be  suspended.  Any  suspension
    37  issued  pursuant to this paragraph shall be subject to the provisions of
    38  paragraph (j-l) of subdivision two of section five hundred three of this
    39  [chapter] title.
    40    § 4. This act shall take effect on the first of January next  succeed-
    41  ing the date on which it shall have become a law.
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