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Assembly Bill A5945

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Assembly Committee

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2013-A5945 (ACTIVE) - Details

See Senate Version of this Bill:
S3483
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-c, ABC L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4372, S1557
2017-2018: A4495, S2536
2019-2020: S3803

2013-A5945 (ACTIVE) - 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.

2013-A5945 (ACTIVE) - Bill Text download pdf 

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

                                  5945

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  GABRYSZAK, WEISENBERG, MOYA --
  Multi-Sponsored by -- M.  of A. THIELE -- read once  and  referred  to
  the Committee on Economic Development

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

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