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

                                  3188

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sens. RANZENHOFER, BONACIC, DeFRANCISCO, GOLDEN, JOHNSON
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations

AN ACT to amend the alcoholic beverage control law, the  penal  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 ASSEM-
BLY, 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  appropri-
ate 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  DRIV-
ER'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.
                                                           LBD06293-01-1
              

S. 3188                             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.
  S  2.  Section 221.05 of the penal law, as added by chapter 360 of the
laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  A person is guilty of unlawful possession of marihuana when he OR  SHE
knowingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the  defendant
has  previously  been convicted of an offense defined in this article or
article [220] TWO HUNDRED TWENTY of this chapter, committed  within  the
three years immediately preceding such violation, it shall be punishable
(a)  only by a fine of not more than two hundred dollars, if the defend-
ant was previously convicted of one such offense committed  during  such
period,  and (b) by a fine of not more than two hundred fifty dollars or
a term of imprisonment not in excess of fifteen days  or  both,  if  the
defendant was previously convicted of two such offenses committed during
such  period.   IN ADDITION TO ANY FINE 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 OR PAY A FINE PURSUANT TO THIS
SECTION WITHIN THE PERIOD  OF  TIME  ESTABLISHED  BY  SUCH  COURT.  SUCH
SUSPENSION  SHALL BE MADE UPON NOTICE TO SUCH PERSON AND SHALL REMAIN IN
EFFECT UNTIL SUCH PERSON APPEARS IN COURT OR SUCH FINE HAS BEEN PAID  TO
THE SATISFACTION OF THE COURT.
  S  3.  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 two new paragraphs l and m are 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 enforce-
ment agent employed by the city of New York or the city of Buffalo while
such agent was enforcing or attempting  to  enforce  the  traffic  regu-
lations 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;
  M. FOR FAILING TO APPEAR BEFORE THE COURT OR PAY A FINE IMPOSED BY THE
COURT PURSUANT TO SECTION 221.05 OF THE PENAL LAW.
  S  4.  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 park-
ing,  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 SECTION 221.05 OF THE PENAL LAW OR of the transporta-
tion 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 tick-

S. 3188                             3

et 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.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.