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A4476Assembly2017-2018 SessionSame asS2317

Suspend Licenses for Court No-Shows

Official title

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

Sponsor Robin SchimmingerAD-140+4 co-sponsorsAffects Legal
Status
In Assembly Committee
Codes
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill allows courts to suspend a person's driver's license for failing to appear, pay fines, or complete alcohol-related penalties for underage alcohol possession.

Why it matters

  1. Expands court authority to enforce underage alcohol penalties. By allowing courts to suspend a driver's license if someone fails to appear, pay fines, or complete assigned alcohol awareness programs or community service, the bill gives courts stronger tools to ensure accountability for underage alcohol violations.

  2. Creates new, tangible consequences beyond fines. For many underage individuals, losing driving privileges can have a significant impact on daily life, potentially making compliance with court orders more likely than monetary penalties alone.

  3. Directs DMV to act on court notifications. The Department of Motor Vehicles is specifically empowered to suspend licenses based on court reports of non-compliance, formalizing a process that ensures penalties for underage alcohol offenses are not easily ignored.

  4. Could disproportionately affect young people's mobility and opportunities. Since the law targets underage offenders, it may have broader consequences for access to work, school, or family responsibilities—raising questions about the balance between deterrence and disproportionate hardship.

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Who cares

Headline styles

Suspend Licenses for Court No-Shows

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robin Schimminger

Assembly Member · Assembly District 140

History

  1. Referred to codes
  2. Reported referred to codes
  3. Referred to economic development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2317Senate

Suspend Licenses for Court No-Shows

In Senate Committee · Rules · Sponsor Michael H. Ranzenhofer

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4476

2017-2018 Regular Sessions

IN ASSEMBLY

February 2, 2017

Introduced by M. of A. SCHIMMINGER, GIGLIO, HAWLEY, JOHNS, PALMESANO -- Multi-Sponsored by -- M. of A. BARCLAY, GUNTHER, LOPEZ, McDONALD -read once and referred to the Committee on Economic Development

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 Assembly, 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 appropriate 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 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 this section within the period of time established by such court. Such suspension shall be made upon notice to such person

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06131-01-7

A. 4476 2

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.

§ 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 enforcement agent employed by the city of New York or the city of Buffalo while such agent was enforcing or attempting to enforce the traffic regulations 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.

§ 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 parking, 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.

§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.