senate Bill S3188

Authorizes courts to suspend a driver's license where the holder fails to adhere to the court

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2011
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 10 / May / 2011
    • 1ST REPORT CAL.590
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 17 / May / 2011
    • PASSED SENATE
  • 17 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 17 / May / 2011
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 09 / Jan / 2012
    • 1ST REPORT CAL.6
  • 10 / Jan / 2012
    • 2ND REPORT CAL.
  • 18 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 23 / Jan / 2012
    • PASSED SENATE
  • 23 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 23 / Jan / 2012
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5722
Versions:
S3188
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-c, ABC L; amd §221.05, Pen L; amd §510, V & T L

Sponsor Memo

BILL NUMBER:S3188

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, the penal 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

SUMMARY OF PROVISIONS:
SECTION 1 - amends subdivision 3 of section
65-c of the Alcoholic Beverage Control Law as amended by Chapter 137
of the Laws of 2001 by adding a new provision that in addition to any
fine, alcohol awareness program or community service imposed by the
court, the court may suspend the driver's license of any person who
fails to appear before the court, pay a fine, complete an alcohol
awareness program or complete community service pursuant to the
section within the time period established by such court. The license
suspension shall be made upon notice to such person, and shall remain
in effect until such person appears in court, pays the fine set by
the court or completes such program or community service to the
satisfaction of the court.

SECTION 2 - amends section 221.05 of the Penal Law to make minor
corrections to the section and add a new provision that in addition
to any fine imposed by the court, the court may suspend the driver's
license of any person who fails to appear before the court or pay a
fine pursuant to the section within the time period established by
such court. The license suspension shall be made upon notice to such
person, and shall remain in effect until such person appears in court
or pays the fine set by the court to the satisfaction of the court.

SECTION 3 - amends subdivision 3 of section 510 of the Vehicle and
Traffic Law to add new paragraphs l and m to provide that drivers
licenses may be suspended for failing to appear before the court or
pay a fine or to complete an alcohol awareness program or complete
community service imposed by the court pursuant to subdivision 3 of
section 65-c of the Alcohol Beverage Control Law or failing to appear
before the court or pay a fine imposed by the court pursuant to
section 221.05 of the Penal Law.

SECTION 4 - amends subdivision 4-a of section 510 of the Vehicle and
Traffic law to add subdivision 3 of section 65-c of the Alcoholic
Beverage Control Law and section 221.05 of the Penal Law to the list
of violations for which failure to appear will lead to suspension of a
drivers license.

SECTION 5 - provides that this act shall take effect on the first of
January next succeeding the date upon which it shall have become law.

PURPOSE AND JUSTIFICATION:
Local Justices are reporting an alarming
number of people, particularly young people, who are simply
disregarding the sentence of the court in cases of simple possession
of marijuana or underage possession of alcohol. Many apparently


realize that if they do not pay the fine, or complete a course or
community service, or even appear, there is nothing more that the
court can do. Because jail time is not a possible sentence, the court
cannot issue a warrant. The fines or educational and service
requirements currently allowed cannot be increased as an incentive to
complete the sentence of the court. In one local court, out of
ninety-six arrests for underage alcohol possession, six persons had
failed to appear, one person has not paid his fine, two are still
pending pretrial and thirty-five (30%) have not completed their court
ordered alcohol awareness program. Sixty-eight (60%) have appeared,
paid their fine and completed their course, which is actually higher
than the rate of success in some courts because the court in question
tries to involve the young person's parents in the process. The
unenforceability of the current law encourages a lack of respect for
the courts and the law by young people and weakens
the educational and therapeutic purposes of these laws to
discourage underage drinking and marijuana possession.

EXISTING LAW:
Penal Law section 221.05 makes simple possession of
marijuana illegal, and Alcoholic Beverage Control Law section 65-c
makes possession of alcohol with intent to consume by a minor illegal.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date upon which it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3188

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sens. RANZENHOFER, BONACIC, DeFRANCISCO, GOLDEN, JOHNSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations

AN ACT to amend the alcoholic beverage control law, the  penal  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:

  Section 1. Subdivision 3 of section 65-c  of  the  alcoholic  beverage
control  law,  as amended by chapter 137 of the laws of 2001, is amended
to read as follows:
  3. Any person who unlawfully  possesses  an  alcoholic  beverage  with
intent  to consume may be summoned before and examined by a court having
jurisdiction of that charge; provided, however, that  nothing  contained
herein shall authorize, or be construed to authorize, a peace officer as
defined  in  subdivision  thirty-three  of  section 1.20 of the criminal
procedure law or a police officer as defined in subdivision  thirty-four
of  section 1.20 of such law to arrest a person who unlawfully possesses
an alcoholic beverage with intent to consume. If a determination is made
sustaining such charge the court may impose a fine not  exceeding  fifty
dollars  and/or  completion  of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law and/or an  appropri-
ate amount of community service not to exceed thirty hours.  IN ADDITION
TO  ANY FINE, ALCOHOL AWARENESS PROGRAM AND/OR COMMUNITY SERVICE IMPOSED
BY THE COURT PURSUANT TO THIS SECTION, THE COURT MAY SUSPEND  THE  DRIV-
ER'S  LICENSE  OF ANY PERSON WHO FAILS TO APPEAR BEFORE THE COURT, PAY A
FINE, COMPLETE  AN  ALCOHOL  AWARENESS  PROGRAM  OR  COMPLETE  COMMUNITY
SERVICE  PURSUANT  TO THIS SECTION WITHIN THE PERIOD OF TIME ESTABLISHED
BY SUCH COURT. SUCH SUSPENSION SHALL BE MADE UPON NOTICE TO SUCH  PERSON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06293-01-1

S. 3188                             2

AND SHALL REMAIN IN EFFECT UNTIL SUCH PERSON APPEARS IN COURT, SUCH FINE
HAS BEEN PAID OR SUCH PROGRAM OR COMMUNITY SERVICE HAS BEEN COMPLETED TO
THE SATISFACTION OF THE COURT.
  S  2.  Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when he OR  SHE
knowingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the  defendant
has  previously  been convicted of an offense defined in this article or
article [220] TWO HUNDRED TWENTY of this chapter, committed  within  the
three years immediately preceding such violation, it shall be punishable
(a)  only by a fine of not more than two hundred dollars, if the defend-
ant was previously convicted of one such offense committed  during  such
period,  and (b) by a fine of not more than two hundred fifty dollars or
a term of imprisonment not in excess of fifteen days  or  both,  if  the
defendant was previously convicted of two such offenses committed during
such  period.   IN ADDITION TO ANY FINE IMPOSED BY THE COURT PURSUANT TO
THIS SECTION, THE COURT MAY SUSPEND THE DRIVER'S LICENSE OF  ANY  PERSON
WHO  FAILS  TO  APPEAR  BEFORE  THE COURT OR PAY A FINE PURSUANT TO THIS
SECTION WITHIN THE PERIOD  OF  TIME  ESTABLISHED  BY  SUCH  COURT.  SUCH
SUSPENSION  SHALL BE MADE UPON NOTICE TO SUCH PERSON AND SHALL REMAIN IN
EFFECT UNTIL SUCH PERSON APPEARS IN COURT OR SUCH FINE HAS BEEN PAID  TO
THE SATISFACTION OF THE COURT.
  S  3.  Paragraph  k of subdivision 3 of section 510 of the vehicle and
traffic law, as amended by chapter 124 of the laws of 1992,  is  amended
and two new paragraphs l and m are added to read as follows:
  k.  for a period of up to ninety days because of the conviction of the
holder of the offenses of menacing as defined in section 120.15  of  the
penal  law,  where such offense was committed against a traffic enforce-
ment agent employed by the city of New York or the city of Buffalo while
such agent was enforcing or attempting  to  enforce  the  traffic  regu-
lations of such city[.];
  L. FOR FAILING TO APPEAR BEFORE THE COURT OR PAY A FINE OR TO COMPLETE
AN  ALCOHOL  AWARENESS  PROGRAM OR COMPLETE COMMUNITY SERVICE IMPOSED BY
THE COURT PURSUANT TO SUBDIVISION THREE OF SECTION SIXTY-FIVE-C  OF  THE
ALCOHOLIC BEVERAGE CONTROL LAW;
  M. FOR FAILING TO APPEAR BEFORE THE COURT OR PAY A FINE IMPOSED BY THE
COURT PURSUANT TO SECTION 221.05 OF THE PENAL LAW.
  S  4.  Paragraph  (a) of subdivision 4-a of section 510 of the vehicle
and traffic law, as added by section 10 of part J of chapter 62  of  the
laws of 2003, is amended to read as follows:
  (a) Upon receipt of a court notification of the failure of a person to
appear  within sixty days of the return date or new subsequent adjourned
date, pursuant to an appearance  ticket  charging  said  person  with  a
violation of any of the provisions of this chapter (except one for park-
ing,  stopping,  or  standing),  of  any  violation of the tax law or OF
SUBDIVISION THREE OF SECTION  SIXTY-FIVE-C  OF  THE  ALCOHOLIC  BEVERAGE
CONTROL  LAW OR OF SECTION 221.05 OF THE PENAL LAW OR of the transporta-
tion law regulating traffic or of any  lawful  ordinance  or  regulation
made by a local or public authority, relating to traffic (except one for
parking,  stopping, or standing) or the failure to pay a fine imposed by
a court the commissioner or his or her agent may  suspend  the  driver's
license  or privileges of such person pending receipt of notice from the
court that such person has appeared in response to such appearance tick-

S. 3188                             3

et or has paid such fine. Such suspension shall take effect no less than
thirty days from the day upon  which  notice  thereof  is  sent  by  the
commissioner  to  the person whose driver's license or privileges are to
be  suspended. Any suspension issued pursuant to this paragraph shall be
subject to the provisions of  paragraph  (j-l)  of  subdivision  two  of
section five hundred three of this [chapter] TITLE.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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