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.
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.
