|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 04, 2012||reported and committed to finance|
|Apr 30, 2012||referred to alcoholism and drug abuse|
senate Bill S7128
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7128 - Details
- See Assembly Version of this Bill:
- Law Section:
- Alcoholic Beverage Control Law
- Laws Affected:
- Amd §65-b, ABC L
S7128 - Sponsor Memo
BILL NUMBER:S7128 TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to penalties for the purchase or attempt to purchase an alcoholic beverage by a person under twenty-one years of age PURPOSE OR GENERAL IDEA OF BILL: Stiffens and modernizes the penalties for minors who purchase or attempt to purchase alcohol. Also creates parity between New York and neighboring states, but retains judicial discretion and flexibility. SUMMARY OF SPECIFIC PROVISIONS: Section 1- Increases first offense penalties found in subdivision 3 of section 65-b of the Alcohol Beverage Control Law for using a fake ID from up to $100 and/or up to 30 hours community service to $100-$500 and/or community service; in old and new, the Court may include an alcohol awareness program. Second offense raises it from $50-$350 and/or up to 30 hours community service to $250-$750 and/or up to 60 hours community service; in both, the court shall order alcohol awareness. For a third and later violations, increases penalty from $50-$750 and/or up to 30 hours community service to $500-$1000 and up to 90 hours community service; in both court shall order an evaluation by a program licenses by OASAS.
S7128 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7128 I N S E N A T E April 30, 2012 ___________ Introduced by Sen. KLEIN -- 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 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.
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