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Assembly Bill A949

2009-2010 Legislative Session

Increases the penalties where a person stands convicted of possession of alcoholic beverages in a motor vehicle for consumption

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Archive: Last Bill Status - In Assembly Committee

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2009-A949 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-c, ABC L

2009-A949 (ACTIVE) - Summary

Increases the penalties for possession of alcohol by minors; authorizes issuance of an appearance ticket to such persons by a police or peace officer; increases fines for such offense to be not less than $50 nor more that $200; requires completion of an alcohol awareness program and/or a victim's impact program.

2009-A949 (ACTIVE) - Bill Text download pdf 

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

                                   949

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. McDONOUGH, BARRA -- 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 the
  unlawful possession of  an  alcoholic  beverage  with  the  intent  to
  consume by persons under the age of twenty-one years

  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; AND PROVIDED FURTHER, THAT
NOTHING CONTAINED IN THIS SUBDIVISION SHALL PROHIBIT OR BE CONSTRUED  TO
PROHIBIT SUCH POLICE OFFICER OR PEACE OFFICER FROM ISSUING AN APPEARANCE
TICKET, AS SUCH TERM IS DEFINED IN SECTION 150.10 OF THE CRIMINAL PROCE-
DURE  LAW,  TO  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 [exceeding] LESS THAN fifty
dollars [and/or] NOR MORE THAN TWO HUNDRED DOLLARS AND completion of  an
alcohol  awareness  program established pursuant to section 19.25 of the
mental hygiene law, AND/OR A VICTIMS IMPACT PROGRAM and/or an  appropri-
ate amount of community service not to exceed thirty hours.
  S  2.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

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

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