Bill Text: NY A04495 | 2017-2018 | General Assembly | Introduced

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Bill Title: Imposes additional fines when a person fails to appear before the court, pay fines or complete counseling and/or community service as mandated under a conviction of unlawful possession of an alcoholic beverage with intent to consume by persons under the age of twenty-one.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - referred to economic development [A04495 Detail]

Download: New_York-2017-A04495-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4495
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by  M.  of  A.  SCHIMMINGER,  GALEF,  HAWLEY, JOHNS, GIGLIO,
          CYMBROWITZ, MONTESANO,  BRINDISI,  OAKS,  STECK,  SKOUFIS,  PALMESANO,
          STEC,  DiPIETRO  --  Multi-Sponsored  by -- M. of A. BARCLAY, GOODELL,
          GUNTHER, PERRY, STIRPE -- read once and referred to the  Committee  on
          Economic Development
        AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
          imposing additional fines when a person fails  to  appear  before  the
          court,  pay  fines  or complete counseling and/or community service as
          mandated for certain convictions
          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.  (a) 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 not exceeding fifty
    13  dollars and/or completion of an alcohol  awareness  program  established
    14  pursuant  to section 19.25 of the mental hygiene law and/or an appropri-
    15  ate amount of community service not to exceed thirty hours.
    16    (b) In the event a person who has been alleged to  have  or  has  been
    17  determined  to  have  unlawfully  possessed  an  alcoholic beverage with
    18  intent to consume fails to appear before the court, fails  to  pay  such
    19  fine  as  may  be  set  by  the  court, or complete an alcohol awareness
    20  program established pursuant to section 19.25 of the mental hygiene  law
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06137-01-7
        A. 4495                             2
     1  and/or  community  service  as required by the court within such time as
     2  determined by the court, the court may impose an additional fine of  not
     3  more than five hundred dollars.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.