Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 08, 2010 |
referred to codes |
Senate Bill S7018
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R) Senate District
2009-S7018 (ACTIVE) - Details
2009-S7018 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7018 TITLE OF BILL : An act to amend the penal law and the alcoholic beverage control law, in relation to imposing additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated SUMMARY OF PROVISIONS : SECTION 1 amends section 221.05 of the Penal Law to add a new paragraph 3, which provides that if a person who has been convicted of unlawful possession fails to pay the fine set by the court within one hundred twenty days after sentencing, the court may impose an additional fine of not more than two hundred and fifty dollars. In addition, the provisions of Criminal Procedure Law Section 120.20 and Article 410, and Judiciary Law Article 20 may also be applied to enforce compliance. SECTION 2 amends paragraph 3 of section 65-c of the Alcoholic Beverage Control Law by adding a new section (b )which provides that if a person who has been found to have unlawfully possessed an alcoholic beverage with intent to consume fails to pay such fine as may be set by the court, or complete an alcohol awareness program or community service required by the court, within one hundred twenty days of the decision of the court, then in additional to the original fine,
2009-S7018 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7018 I N S E N A T E March 8, 2010 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the alcoholic beverage control law, in relation to imposing additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 221.05 of the penal law, as added by chapter 360 of the laws of 1977, is amended to read as follows: S 221.05 Unlawful possession of marihuana. 1. A person is guilty of unlawful possession of marihuana when he OR SHE knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article [220] TWO HUNDRED TWENTY of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defend- ant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period. 2. IN THE EVENT A PERSON WHO HAS BEEN CONVICTED OF UNLAWFUL POSSESSION OF MARIHUANA FAILS TO PAY SUCH FINE AS MAY BE SET BY THE COURT WITHIN ONE HUNDRED TWENTY DAYS AFTER THE DECISION OF THE COURT, THEN IN ADDI- TION TO SUCH FINE, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS. 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SECTION 120.20 OF THE CRIMINAL PROCEDURE LAW SHALL APPLY IN THE EVENT A PERSON WHO HAS BEEN CHARGED WITH A VIOLATION OF THIS SECTION FAILS TO APPEAR BEFORE THE COURT ON THE DATE SET BY THE ACCUSATORY INSTRUMENT; ARTICLES FOUR HUNDRED TEN AND FOUR HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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