Bill Text: NY A04495 | 2017-2018 | General Assembly | Introduced
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
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. LBD06137-01-7A. 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.
