Increases the fine for the unlawful possession of an alcoholic beverage to not less than $250 but not exceeding $500 for the first offense and not less than $500 but not exceeding $1000 for all subsequent offenses; requires the court, in addition to any such fine, to require completion of an alcohol awareness program.
STATE OF NEW YORK
________________________________________________________________________
909
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. MONTESA-
NO -- read once and referred to the Committee on Economic Development
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 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02752-01-9
