S T A T E   O F   N E W   Y O R K
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                                  10271

                          I N  A S S E M B L Y

                              May 17, 2012
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Economic Development

AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
  penalties for the purchase or attempt to purchase an alcoholic  bever-
  age by a person under twenty-one years of age

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraphs (a), (b) and (c) of  subdivision  3  of  section
65-b of the alcoholic beverage control law, as amended by chapter 519 of
the laws of 1999, are amended to read as follows:
  (a)  For a first violation, the court shall order payment of a fine of
not LESS THAN ONE HUNDRED DOLLARS, NOR  more  than  [one]  FIVE  hundred
dollars  and/or an appropriate amount of community service not to exceed
thirty hours. In addition, the court may order completion of an  alcohol
awareness  program  established  pursuant to section 19.25 of the mental
hygiene law.
  (b) For a second violation, the court shall order payment of a fine of
not less than TWO HUNDRED fifty dollars  nor  more  than  [three]  SEVEN
hundred  fifty dollars and/or an appropriate amount of community service
not  to  exceed  [thirty]  SIXTY  hours.  The  court  also  shall  order
completion  of  an  alcohol awareness program as referenced in paragraph
(a) of  this  subdivision  if  such  program  has  not  previously  been
completed  by  the offender, unless the court determines that attendance
at such program is not feasible due to the lack of availability of  such
program within a reasonably close proximity to the locality in which the
offender resides or matriculates, as appropriate.
  (c) For third and subsequent violations, the court shall order payment
of  a  fine  of not less than [fifty] FIVE HUNDRED dollars nor more than
[seven hundred fifty] ONE THOUSAND dollars and/or an appropriate  amount
of community service not to exceed [thirty] NINETY hours. The court also
shall  order  that such person submit to an evaluation by an appropriate
agency certified or licensed by the office of alcoholism  and  substance
abuse  services to determine whether the person suffers from the disease
of alcoholism or alcohol abuse, unless the court determines  that  under

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15068-03-2

A. 10271                            2

the  circumstances  presented  such  an  evaluation is not necessary, in
which case the court shall state on the record the basis for such deter-
mination. Payment for such evaluation shall be made by such person.  If,
based on such evaluation, a need for treatment is indicated, such person
may  choose  to  participate  in a treatment plan developed by an agency
certified or licensed by the office of alcoholism  and  substance  abuse
services. If such person elects to participate in recommended treatment,
the court shall order that payment of such fine and community service be
suspended pending the completion of such treatment.
  S  2.  Subdivision 6 of section 65-b of the alcoholic beverage control
law, as amended by chapter 519 of the laws of 1999 and the opening para-
graph as amended by chapter 503 of the laws of 2000, is amended to  read
as follows:
  6.  In  addition  to  the  penalties otherwise provided in subdivision
three of this section, if a determination is made sustaining a charge of
illegally purchasing or attempting to illegally  purchase  an  alcoholic
beverage,  the  court may suspend such person's license to drive a motor
vehicle and the privilege of an  unlicensed  person  of  obtaining  such
license, in accordance with the following and for the following periods,
if  it  is  found  that a driver's license, FALSE IDENTIFICATION CARD OR
OTHER FORGED INSTRUMENT, AS DEFINED  IN  SUBDIVISION  SEVEN  OF  SECTION
170.00  OF  THE  PENAL  LAW,  was  used  for the purpose of such illegal
purchase or attempt to illegally purchase; provided, however, that where
a person is sentenced pursuant to paragraph (b) or  (c)  of  subdivision
three of this section, the court shall impose such license suspension if
it  is found that a driver's license, FALSE IDENTIFICATION CARD OR OTHER
FORGED INSTRUMENT, AS DEFINED IN SUBDIVISION SEVEN OF SECTION 170.00  OF
THE  PENAL  LAW,  was  used  for the purpose of such illegal purchase or
attempt to illegally purchase:
  (a) For a first violation of paragraph (a) of subdivision two of  this
section, a [three] FIVE month suspension[.]; AND
  (b)  [For  a  second  violation of paragraph (a) of subdivision two of
this section, a six month suspension.
  (c)] For a [third] SECOND or subsequent violation of paragraph (a)  of
subdivision  two of this section, a suspension for [one year] TEN MONTHS
or until the holder reaches the age  of  twenty-one,  whichever  is  the
greater period of time.
  Such  person  may  thereafter apply for and be issued a restricted use
license in accordance with the provisions of section five hundred thirty
of the vehicle and traffic law.
  S 3. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.