Senate Bill S7128

                            
                    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.
              

                                                           LBD15068-03-2

S. 7128                             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.