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.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Parker
TITLE OF BILL: 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
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 subdivision 3 of section 510 of the Vehicle and Traffic Law to add new paragraphs 1 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.
SECTION 3 - 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 to the list of violations for which failure to appear will lead to suspension of a drivers license.
SECTION 4 - 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 young people who are simply disregarding the sentence of the court in case of 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 a recent year in one local court, out of ninety-six arrests for underage alcohol possession, six persons had failed to appear, one person had not paid his fine, Two were still pending pretrial and thirty-five (3010 had not completed their court ordered alcohol awareness program. Only sixty-eight (60%) had 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 minimizes the seriousness of alcohol abuse, 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. Without intervention, the young people who illegally using alcohol while underage are often more likely to become adults who abuse alcohol and come before the courts charged with DWI violations. It is important that when youths have their first brush with the courts with underage alcohol use, they recognize the seriousness of alcohol abuse and are provided with suitable counseling and education.
EXISTING LAW: 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.
STATE OF NEW YORK ________________________________________________________________________ 1695--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. RANZENHOFER, AVELLA, DeFRANCISCO, GOLDEN, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04841-02-3 S. 1695--A 2
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 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 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. S 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. S 4. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.