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 consequences for young people. By allowing courts to suspend driver's licenses for not completing alcohol-related penalties (like awareness programs or community service), the bill gives more weight to underage alcohol possession laws and could significantly impact teens and young adults.
Creates additional leverage for courts. The threat of license suspension is a powerful incentive for compliance, giving courts a practical tool to enforce alcohol-related penalties beyond fines, which are often ignored or unpaid.
May disproportionately affect those with limited resources. Individuals who can't afford to pay fines or attend required programs (due to cost or transportation barriers) risk losing their driving privileges, which could impact their ability to get to work or school.
Extends administrative complexity. The bill requires coordination between courts and the Department of Motor Vehicles to track compliance and manage suspensions, possibly increasing administrative burdens and chances for errors or delays that affect drivers.
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Who cares
Headline styles
Suspend Licenses for Missed Court
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to alcoholism and substance abuse
- Referred to alcoholism and substance abuse
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4457
2019-2020 Regular Sessions
IN SENATE
March 12, 2019
Introduced by Sens. RANZENHOFER, FLANAGAN, FUNKE, GALLIVAN, RITCHIE -read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance 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 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.
LBD01605-01-9
S. 4457 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.
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 Bever- age Control Law as amended by Chapter 1 37 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 paragraph k of 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.
Read the full memo (667 words)
SECTION 3 - amends paragraph a of 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 suspen- sion of a drivers license.
SECTION 4 - 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 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 failed to appear, one person did 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 under- age drinking and marijuana possession.
Existing law
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-AJA.2026-A - PASSED SENATE/Codes 2015-16 - S.868/A.4210 - PASSED SENATE/Codes 2017 - S.2317/A.4476 - PASSED SENATE/Codes 2018 - S.2317/A.4476 - RULES/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.