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. LBD06131-01-7S. 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.
