S T A T E O F N E W Y O R K
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8403
2009-2010 Regular Sessions
I N A S S E M B L Y
May 19, 2009
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Introduced by M. of A. SCHIMMINGER -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Economic
Development, Job Creation, Commerce and Industry
AN ACT to amend the alcoholic beverage control law and the vehicle and
traffic law, in relation to imposition of driver's license suspensions
upon certain persons who fail to appear or to pay fines or participate
in alcohol awareness programs or community service
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
AND SHALL REMAIN IN EFFECT UNTIL SUCH PERSON APPEARS IN COURT, SUCH FINE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10473-01-9
A. 8403 2
HAS BEEN PAID OR SUCH PROGRAM OR COMMUNITY SERVICE HAS BEEN COMPLETED TO
THE SATISFACTION OF THE COURT.
S 2. 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
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[.];
S 3. Subdivision 3 of section 510 of the vehicle and traffic law is
amended by adding a new paragraph l to read as follows:
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.
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 the transportation 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 ticket 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.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.