senate Bill S1695

Amended

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

  • 09 / Jan / 2013
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 12 / Feb / 2013
    • AMEND (T) AND RECOMMIT TO ALCOHOLISM AND DRUG ABUSE
  • 12 / Feb / 2013
    • PRINT NUMBER 1695A
  • 23 / Apr / 2013
    • 1ST REPORT CAL.399
  • 24 / Apr / 2013
    • 2ND REPORT CAL.
  • 29 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 04 / Feb / 2014
    • 1ST REPORT CAL.93
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 26 / Feb / 2014
    • PASSED SENATE
  • 26 / Feb / 2014
    • DELIVERED TO ASSEMBLY
  • 26 / Feb / 2014
    • REFERRED TO CODES

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:
A2026
Versions:
S1695
S1695A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-c, ABC L; amd §221.05, Pen L; amd §510, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
S3188, A5722

Sponsor Memo

BILL NUMBER:S1695

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 1 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 persons 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: 2011-12 - S.3188/A.5722 PASSED SENATE/Codes

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
________________________________________________________________________

                                  1695

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, GOLDEN, MAZIARZ -- 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04841-01-3

S. 1695                             2

BY  SUCH COURT. SUCH SUSPENSION SHALL BE MADE UPON NOTICE TO SUCH PERSON
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

S. 1695                             3

court that such person has appeared in response to such appearance tick-
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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