NY State Senate Bill 2017-S2317

Senate Bill S2317

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1069
Jan 03, 2018	referred to alcoholism and drug abuse returned to senate died in assembly
Feb 28, 2017	referred to economic development delivered to assembly passed senate
Jan 31, 2017	advanced to third reading
Jan 30, 2017	2nd report cal.
Jan 24, 2017	1st report cal.89
Jan 13, 2017	referred to alcoholism and drug abuse

Votes

- Feb 28, 2017 - Floor Vote
  S2317
  
  58
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 28, 2017
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (3)
      
      Comrie
      
      Montgomery
      
      Sanders Jr.
      
      excused (1)
      
      Gallivan
  May 8, 2018 - Committee Vote
  S2317
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 8, 2018
      
      aye (7)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Kaminsky
      
      Parker
      
      Phillips
      
      Ritchie
  Jan 24, 2017 - Committee Vote
  S2317
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jan 24, 2017
      
      aye (6)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Kaminsky
      
      Phillips
      
      Ritchie
      
      nay (1)
      
      Parker

co-Sponsors

View additional co-sponsors

2017-S2317 (ACTIVE) - Details

See Assembly Version of this Bill:: A4476
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-c, ABC L; amd §510, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3188, A5722
2013-2014: S1695, A2026
2015-2016: S868, A4210
2019-2020: S4457

2017-S2317 (ACTIVE) - Summary

Authorizes 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.

2017-S2317 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2317

 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.

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.

2017-S2317 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2317
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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  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
 
  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 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.
   §  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 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 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  succeed-
 ing the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.