|SAME AS||No Same As|
|Amd SS510 & 503, V & T L; amd S65-c, ABC L|
|Authorizes the suspension of driver's licenses for unjustified failure to attend court on charge of underage possession of alcohol or to comply with court conditions after conviction for such offense.|
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STATE OF NEW YORK ________________________________________________________________________ 7916 2015-2016 Regular Sessions IN ASSEMBLY June 1, 2015 ___________ Introduced by M. of A. GANTT -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Trans- portation AN ACT to amend the vehicle and traffic law and the alcoholic beverage control law, in relation to authorizing suspension of driver's licenses for unjustified failure to attend court on charge of underage possession of alcohol or comply with court conditions after conviction for such offense The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph k of subdivision 3 of section 510 of the vehicle 2 and traffic law, as amended by chapter 124 of the laws of 1992, is 3 amended and a new paragraph l is added to read as follows: 4 k. for a period of up to ninety days because of the conviction of the 5 holder of the offenses of menacing as defined in section 120.15 of the 6 penal law, where such offense was committed against a traffic enforce- 7 ment agent employed by the city of New York or the city of Buffalo while 8 such agent was enforcing or attempting to enforce the traffic regu- 9 lations of such city[ .]; 10 l. for failing to appear before the court or pay a fine or to complete 11 an alcohol awareness program or complete community service imposed by 12 the court pursuant to subdivision three of section sixty-five-c of the 13 alcoholic beverage control law. 14 § 2. Paragraph (a) of subdivision 4-a of section 510 of the vehicle 15 and traffic law, as added by section 10 of part J of chapter 62 of the 16 laws of 2003, is amended to read as follows: 17 (a) Upon receipt of a court notification of the failure of a person to 18 appear within sixty days of the return date or new subsequent adjourned 19 date, pursuant to an appearance ticket charging said person with a 20 violation of any of the provisions of this chapter (except one for park- 21 ing, stopping, or standing), of any violation of the tax law or of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10009-01-5A. 7916 2 1 subdivision three of section sixty-five-c of the alcoholic beverage 2 control law or of the transportation law regulating traffic or of any 3 lawful ordinance or regulation made by a local or public authority, 4 relating to traffic (except one for parking, stopping, or standing) or 5 the failure to pay a fine imposed by a court, or in the case of a 6 violation of subdivision three of section sixty-five-c of the alcoholic 7 beverage control law, the failure to complete an alcohol awareness 8 program or complete community service imposed by the court as a sentence 9 for such violation, the commissioner or his or her agent may suspend the 10 driver's license or privileges of such person pending receipt of notice 11 from the court that such person has appeared in response to such appear- 12 ance ticket or has paid such fine or completed such alcohol awareness 13 program or community service. Such suspension shall take effect no less 14 than thirty days from the day upon which notice thereof is sent by the 15 commissioner to the person whose driver's license or privileges are to 16 be suspended. Any suspension issued pursuant to this paragraph shall be 17 subject to the provisions of paragraph (j-l) of subdivision two of 18 section five hundred three of this [ chapter] title. 19 § 3. Subparagraph (i) of paragraph (j-1) of subdivision 2 of section 20 503 of the vehicle and traffic law, as amended by section 3 of part PP 21 of chapter 59 of the laws of 2009, is amended to read as follows: 22 (i) When a license issued pursuant to this article, or a privilege of 23 operating a motor vehicle or of obtaining such a license, has been 24 suspended based upon a failure to answer an appearance ticket or a 25 summons or failure to pay a fine, penalty or mandatory surcharge, pursu- 26 ant to subdivision three of section two hundred twenty-six, subdivision 27 four of section two hundred twenty-seven[ , subdivision four-a of section28 five hundred ten] or subdivision five-a of section eighteen hundred nine 29 of this chapter, or upon a failure to answer an appearance ticket or 30 summons, pay a fine, complete an alcohol awareness program or complete 31 community service imposed by a court pursuant to subdivision four-a of 32 section five hundred ten of this title, such suspension shall remain in 33 effect until a termination of a suspension fee of seventy dollars is 34 paid to the court or tribunal that initiated the suspension of such 35 license or privilege. In no event may the aggregate of the fees imposed 36 by an individual court pursuant to this paragraph for the termination of 37 all suspensions that may be terminated as a result of a person's 38 answers, appearances or payments made in such cases pending before such 39 individual court exceed four hundred dollars. For the purposes of this 40 paragraph, the various locations of the administrative tribunal estab- 41 lished under article two-A of this chapter shall be considered an indi- 42 vidual court. 43 § 4. Subdivision 3 of section 65-c of the alcoholic beverage control 44 law, as amended by chapter 137 of the laws of 2001, is amended to read 45 as follows: 46 3. Any person who unlawfully possesses an alcoholic beverage with 47 intent to consume may be summoned before and examined by a court having 48 jurisdiction of that charge; provided, however, that nothing contained 49 herein shall authorize, or be construed to authorize, a peace officer as 50 defined in subdivision thirty-three of section 1.20 of the criminal 51 procedure law or a police officer as defined in subdivision thirty-four 52 of section 1.20 of such law to arrest a person who unlawfully possesses 53 an alcoholic beverage with intent to consume. If a determination is made 54 sustaining such charge the court may impose a fine not exceeding fifty 55 dollars and/or completion of an alcohol awareness program established 56 pursuant to section 19.25 of the mental hygiene law and/or an appropri-A. 7916 3 1 ate amount of community service not to exceed thirty hours. In addition 2 to any fine, alcohol awareness program and/or community service imposed 3 by the court pursuant to this section, the court may suspend the driv- 4 er's license of any person who fails to appear before the court, pay a 5 fine, complete an alcohol awareness program or complete community 6 service pursuant to this section within the period of time established 7 by the court. Such suspension shall be made upon notice to such person 8 and shall remain in effect until such person appears in court, pays such 9 fine or completes such program or community service to the satisfaction 10 of the court. 11 § 5. This act shall take effect on the first of January next succeed- 12 ing the date on which it shall have become a law and shall apply where 13 the unlawful possession of an alcoholic beverage with intent to consume 14 occurred on or after such effective date.