senate Bill S3483

Imposes additional fines when a person fails to appear before the court, pay fines or complete counseling and/or community service as mandated

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Feb / 2013
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 23 / Apr / 2013
    • 1ST REPORT CAL.400
  • 24 / Apr / 2013
    • 2ND REPORT CAL.
  • 29 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 04 / Feb / 2014
    • 1ST REPORT CAL.94
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A5945
Versions:
S3483
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-c, ABC L

Sponsor Memo

BILL NUMBER:S3483

TITLE OF BILL: 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

SUMMARY OF PROVISIONS:

SECTION 1 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 is charged or has been found to have unlawfully possessed an alco-
holic beverage with intent to consume fails to appear, pay such fine as
may be set by the court, or complete an alcohol awareness program or
community service required by the court, within such time as determined
by the court, then in additional to the original fine, awareness program
or community service required by the court, the court may impose an
additional fine of not more than five hundred dollars.

SECTION 3 provides that this act shall take effect on the ninetieth day
after it shall have become law.

PURPOSE AND JUSTIFICATION: Local Justices are reporting an alarming
number of people, particularly young people, who are simply disregarding
the sentence of the court in cases of underage possession of alcohol.
Many apparently realize that if they do not pay the fine, or complete a
course or community service, or even appear, there is nothing more that
the court can do. Because jail time is not a possible sentence the
court cannot issue a warrant. The small fines or educational and service
requirements cannot be increased as an incentive to complete the
sentence of the court. In one local court, out of ninety six arrests for
underage alcohol possession, six persons had failed to appear, one
person has not paid his fine, two are still pending pretrial and thir-
ty-five (30%) have not completed their court ordered alcohol awareness
program. Sixty-eight (60%) have appeared, paid their fine and completed
their course, which is actually higher than the rate of success in some
courts because the court in question tries to involve the young person's
parents in the process. The unenforceability of the current law encour-
ages a lack of respect for the courts and the law by young people and
weakens the educational purposes of these laws to discourage underage
drinking.

EXISTING LAW:

Section 65-c makes possession of alcohol with intent to consume by a
minor illegal.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3483

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens.  RANZENHOFER,  MAZIARZ,  SAVINO  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Alcoholism and Drug Abuse

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:

  Section  1.  Subdivision  3  of section 65-c of the alcoholic beverage
control law, as amended by chapter 137 of the laws of 2001,  is  amended
to read as follows:
  3.  (A) Any person who unlawfully possesses an alcoholic beverage with
intent to consume may be summoned before and examined by a court  having
jurisdiction  of  that charge; provided, however, that nothing contained
herein shall authorize, or be construed to authorize, a peace officer as
defined in subdivision thirty-three of  section  1.20  of  the  criminal
procedure  law or a police officer as defined in subdivision thirty-four
of section 1.20 of such law to arrest a person who unlawfully  possesses
an alcoholic beverage with intent to consume. If a determination is made
sustaining  such  charge the court may impose a fine not exceeding fifty
dollars and/or completion of an alcohol  awareness  program  established
pursuant  to section 19.25 of the mental hygiene law and/or an appropri-
ate amount of community service not to exceed thirty hours.
  (B) IN THE EVENT A PERSON WHO HAS BEEN ALLEGED TO  HAVE  OR  HAS  BEEN
DETERMINED  TO  HAVE  UNLAWFULLY  POSSESSED  AN  ALCOHOLIC BEVERAGE WITH
INTENT TO CONSUME FAILS TO APPEAR BEFORE THE COURT, FAILS  TO  PAY  SUCH
FINE  AS  MAY  BE  SET  BY  THE  COURT, OR COMPLETE AN ALCOHOL AWARENESS
PROGRAM ESTABLISHED PURSUANT TO SECTION 19.25 OF THE MENTAL HYGIENE  LAW
AND/OR  COMMUNITY  SERVICE  AS REQUIRED BY THE COURT WITHIN SUCH TIME AS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04683-02-3

S. 3483                             2

DETERMINED BY THE COURT, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF  NOT
MORE THAN FIVE HUNDRED DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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