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Assembly Bill A4372

2015-2016 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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2015-A4372 (ACTIVE) - Details

See Senate Version of this Bill:
S1557
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd ยง65-c, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5945, S3483
2017-2018: A4495, S2536
2019-2020: S3803

2015-A4372 (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.

2015-A4372 (ACTIVE) - Bill Text download pdf 

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

                                  4372

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2015
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER,  GALEF,  HAWLEY, JOHNS, GIGLIO,
  MONTESANO, OAKS, CYMBROWITZ, BRINDISI, CORWIN, PALMESANO, STECK, STEC,
  SKOUFIS, DiPIETRO -- Multi-Sponsored by -- M. of A. BARCLAY,  CERETTO,
  GOODELL,  GUNTHER, McDONALD, McDONOUGH, PERRY, STIRPE -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02094-01-5

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