Bill Text: NY A03968 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 3968 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the alcoholic beverage control law, in relation to increasing the fine imposed upon any person who unlawfully possesses an alcoholic beverage

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to economic development [A03968 Detail]

Download: New_York-2009-A03968-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3968
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2009
                                      ___________
       Introduced by M. of A. CROUCH -- read once and referred to the Committee
         on Economic Development, Job Creation, Commerce and Industry
       AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
         increasing the fine imposed upon any person who  unlawfully  possesses
         an alcoholic beverage
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 65-c  of  the  alcoholic  beverage
    2  control  law,  as amended by chapter 137 of the laws of 2001, is amended
    3  to read as follows:
    4    3. Any person who unlawfully  possesses  an  alcoholic  beverage  with
    5  intent  to consume may be summoned before and examined by a court having
    6  jurisdiction of that charge; provided, however, that  nothing  contained
    7  herein shall authorize, or be construed to authorize, a peace officer as
    8  defined  in  subdivision  thirty-three  of  section 1.20 of the criminal
    9  procedure law or a police officer as defined in subdivision  thirty-four
   10  of  section 1.20 of such law to arrest a person who unlawfully possesses
   11  an alcoholic beverage with intent to consume. If a determination is made
   12  sustaining such charge the court may impose a fine OF NOT LESS THAN  TWO
   13  HUNDRED  FIFTY  DOLLARS  AND  not exceeding [fifty] FIVE HUNDRED dollars
   14  [and/or] FOR THE FIRST OFFENSE AND NOT LESS THAN  FIVE  HUNDRED  DOLLARS
   15  AND  NOT EXCEEDING ONE THOUSAND DOLLARS FOR ALL SUBSEQUENT OFFENSES AND,
   16  IN ADDITION TO SUCH FINE, THE COURT SHALL REQUIRE THE completion  of  an
   17  alcohol  awareness  program established pursuant to section 19.25 of the
   18  mental hygiene law and/or an appropriate amount of community service not
   19  to exceed thirty hours.
   20    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06921-01-9