What's happening
This bill allows New York courts to suspend driver's licenses for failing to appear, pay fines, or complete alcohol-related penalties.
Why it matters
Expands court authority to enforce compliance. By allowing courts to suspend driver's licenses for failing to appear, pay fines, or complete court-ordered alcohol awareness programs or community service, the bill gives judges a stronger enforcement tool to ensure individuals follow through on penalties for underage alcohol possession.
Increases consequences for young offenders. The threat of losing driving privileges adds a significant penalty for underage individuals who violate alcohol laws, potentially acting as a stronger deterrent and affecting their daily lives, education, and employment.
Aligns traffic and alcohol-related penalties. The bill ties non-compliance with alcohol-related court orders directly to driving privileges, similar to how the DMV can already suspend licenses for unpaid traffic tickets, creating a unified approach to non-payment and non-compliance across different types of offenses.
Raises concerns about equity and access. Suspending licenses for failure to pay fines or complete programs may disproportionately impact low-income individuals, who might struggle to pay or fulfill requirements, potentially leading to a cycle of legal and financial 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
Senator · Senate District 61
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1069
- Referred to alcoholism and drug abuse
- Returned to senate
- Died in assembly
- Referred to economic development
- Delivered to assembly
- Passed senateVote 58–3
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.89
- Referred to alcoholism and drug abuse
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.
Suspend Licenses for Court No-Shows
In Assembly Committee · Codes · Sponsor Robin Schimminger
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2317
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sens. RANZENHOFER, AVELLA, DeFRANCISCO, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, LARKIN, MARCHIONE, MURPHY, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06131-01-7
S. 2317 2
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.
§ 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.
Sponsor's memo
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 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.
Read the full memo (769 words)
SECTION 3 - amends subdivision 3 of section 510 of the Vehicle and Traffic Law to add new paragraphs 1 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
2011-12 - S.3188/A.5722 -- PASSED SENATE/Codes 2013-14 - S.1695-A/A.2026-A - PASSED SENATE/Codes 2015-16 - S.868/A.4210 - 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.