S T A T E O F N E W Y O R K
________________________________________________________________________
3968
2009-2010 Regular Sessions
I N A S S E M B L Y
January 29, 2009
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Introduced by M. of A. CROUCH -- read once and referred to the Committee
on Economic Development, Job Creation, Commerce and Industry
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:
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. 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 OF NOT LESS THAN TWO
HUNDRED FIFTY DOLLARS AND not exceeding [fifty] FIVE HUNDRED dollars
[and/or] FOR THE FIRST OFFENSE AND NOT LESS THAN FIVE HUNDRED DOLLARS
AND NOT EXCEEDING ONE THOUSAND DOLLARS FOR ALL SUBSEQUENT OFFENSES AND,
IN ADDITION TO SUCH FINE, THE COURT SHALL REQUIRE THE completion of an
alcohol awareness program established pursuant to section 19.25 of the
mental hygiene law and/or an appropriate amount of community service not
to exceed thirty hours.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06921-01-9