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A07916 Summary:

BILL NO    A07916 

SAME AS    No same as 

SPONSOR    Gantt

COSPNSR    

MLTSPNSR   

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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A07916 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7916

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     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    S 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.
                                                                  LBD10009-01-5
       A. 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    S 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 section
   28  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    S 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    S 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.
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