S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4476
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. SCHIMMINGER, GIGLIO, HAWLEY, JOHNS, PALMESANO --
   Multi-Sponsored by -- M. of A. BARCLAY, GUNTHER,  LOPEZ,  McDONALD  --
   read once and referred to the Committee on Economic Development
 
 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:
 
   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.
              

                                                            LBD06131-01-7

 A. 4476                             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.
   §  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
 and a new paragraph l is 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.
   §  3.  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] TITLE.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.