Bill S3188-2011

Authorizes courts to suspend a driver's license where the holder fails to adhere to the court

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.

Details

Actions

  • Jan 23, 2012: referred to economic development
  • Jan 23, 2012: DELIVERED TO ASSEMBLY
  • Jan 23, 2012: PASSED SENATE
  • Jan 18, 2012: ADVANCED TO THIRD READING
  • Jan 10, 2012: 2ND REPORT CAL.
  • Jan 9, 2012: 1ST REPORT CAL.6
  • Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • May 17, 2011: referred to economic development
  • May 17, 2011: DELIVERED TO ASSEMBLY
  • May 17, 2011: PASSED SENATE
  • May 16, 2011: ADVANCED TO THIRD READING
  • May 11, 2011: 2ND REPORT CAL.
  • May 10, 2011: 1ST REPORT CAL.590
  • Feb 11, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 10, 2011
Ayes (6): Marcellino, Golden, Nozzolio, Zeldin, Squadron, Diaz
Ayes W/R (2): Alesi, Peralta
VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jan 9, 2012
Ayes (7): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron, Diaz
Ayes W/R (1): Peralta

Memo

BILL NUMBER:S3188

TITLE OF BILL: 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

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 section 221.05 of the Penal Law to make minor corrections to the section and add a new provision that in addition to any fine imposed by the court, the court may suspend the driver's license of any person who fails to appear before the court or pay a fine 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 or pays the fine set by the court to the satisfaction of the court.

SECTION 3 - amends subdivision 3 of section 510 of the Vehicle and Traffic Law to add new paragraphs l and m 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 or failing to appear before the court or pay a fine imposed by the court pursuant to section 221.05 of the Penal Law.

SECTION 4 - 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 and section 221.05 of the Penal Law to the list of violations for which failure to appear will lead to suspension of a drivers license.

SECTION 5 - 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 people, particularly young people, who are simply disregarding the sentence of the court in cases of simple possession of marijuana or 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 one local court, out of ninety-six arrests for underage alcohol possession, six persons had failed to appear, one person has not paid his fine, two are still pending pretrial and thirty-five (30%) have not completed their court ordered alcohol awareness program. Sixty-eight (60%) have 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 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 and marijuana possession.

EXISTING LAW: Penal Law section 221.05 makes simple possession of marijuana illegal, and Alcoholic Beverage Control Law section 65-c makes possession of alcohol with intent to consume by a minor illegal.

PRIOR LEGISLATIVE HISTORY: New bill.

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 ________________________________________________________________________ 3188 2011-2012 Regular Sessions IN SENATE February 11, 2011 ___________
Introduced by Sens. RANZENHOFER, BONACIC, DeFRANCISCO, GOLDEN, JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations 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 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 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus