S T A T E O F N E W Y O R K
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2026
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. SCHIMMINGER, GALEF, HAWLEY, JOHNS, GIGLIO --
Multi-Sponsored by -- M. of A. BARCLAY, CERETTO, GOODELL, GUNTHER,
MONTESANO, PERRY -- read once and referred to the Committee on Econom-
ic Development
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04841-01-3
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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
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
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license or privileges of such person pending receipt of notice from the
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.