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Alcoholism and Drug Abuse: Apr 23, 2013

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Memo

BILL NUMBER:S1695A

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.

Text

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 A

 EXPLANATION--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.