Senate Bill S943

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

                                   943

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  increasing the length of suspension of a driver's license for a person
  who illegally purchases or attempts to illegally purchase an alcoholic
  beverage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of section 65-b  of  the  alcoholic  beverage
control  law, as amended by chapter 519 of the laws of 1999, the opening
paragraph as amended by chapter 503 of the laws of 2000, is  amended  to
read as follows:
  6.  In  addition  to  the  penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally  purchase  an  alcoholic
beverage,  the  court may suspend such person's license to drive a motor
vehicle and the privilege of an  unlicensed  person  of  obtaining  such
license, in accordance with the following and for the following periods,
if  it is found that a driver's license was used for the purpose of such
illegal purchase or attempt to illegally  purchase;  provided,  however,
that  where  a  person  is sentenced pursuant to paragraph (b) or (c) of
subdivision three of this section, the court shall impose  such  license
suspension  if  it  is  found  that  a driver's license was used for the
purpose of such illegal purchase or attempt to illegally purchase:
  (a) For a first violation of paragraph (a) of subdivision two of  this
section, a [three] SIX month suspension.
  (b)  For  a  second  [violation of paragraph (a) of subdivision two of
this section, a six month suspension.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04855-01-9

S. 943                              2
              

  (c) For a third] or subsequent violation of paragraph (a) of  subdivi-
sion  two of this section, a suspension for one year or until the holder
reaches the age of twenty-one, whichever is the greater period of time.
  Such  person  may  thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
  S 2. Subdivision 5 of section 65-b of the alcoholic  beverage  control
law,  as  amended  by chapter 383 of the laws of 1998, the opening para-
graph as amended by chapter 503 of the laws of 2000, is amended to  read
as follows:
  5.  In addition to the penalties otherwise provided in subdivision two
of this section, if a determination is made sustaining a charge of ille-
gally purchasing or attempting to illegally purchase an alcoholic bever-
age, the court may suspend such person's license to drive a motor  vehi-
cle and the privilege of an unlicensed person of obtaining such license,
in accordance with the following and for the following periods, if it is
found  that  a driver's license was used for the purpose of such illegal
purchase or attempt to illegally purchase; provided, however, that where
a person is sentenced pursuant to paragraph (b) or  (c)  of  subdivision
two  of  this section, the court shall impose such license suspension if
it is found that a driver's license was used for  the  purpose  of  such
illegal purchase or attempt to illegally purchase:
  (a)  For a first violation of paragraph (a) of subdivision one of this
section, a [three] SIX month suspension.
  (b) For a second [violation of paragraph (a)  of  subdivision  one  of
this section, a six month suspension.
  (c)  For a third] or subsequent violation of paragraph (a) of subdivi-
sion one of this section, a suspension for one year or until the  holder
reaches the age of twenty-one, whichever is the greater period of time.
  Such  person  may  thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law,  provided  that the amendments to subdivision 6 of
section 65-b of the alcoholic beverage control law made by  section  one
of  this  act  shall  be subject to the expiration and reversion of such
subdivision pursuant to section 4 of chapter 519 of the laws of 1999, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.