Assembly Bill A2228

2017-2018 Legislative Session

Increases fine imposed for unlawful possession of an alcoholic beverage

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A2228 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-c, ABC L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3968
2011-2012: A2778
2013-2014: A2464
2015-2016: A2238
2019-2020: A909

2017-A2228 (ACTIVE) - Summary

Increases the fine for the unlawful possession of an alcoholic beverage to not less than $250 but not exceeding $500 for the first offense and not less than $500 but not exceeding $1000 for all subsequent offenses; requires the court, in addition to any such fine, to require completion of an alcohol awareness program.

2017-A2228 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2228
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. MONTESA-
   NO -- read once and referred to the Committee on Economic Development
 
 AN  ACT  to  amend  the  alcoholic  beverage control law, in relation to
   increasing the fine imposed upon any person who  unlawfully  possesses
   an alcoholic beverage

   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. If a determination is made
 sustaining such charge the court may impose a fine OF NOT LESS THAN  TWO
 HUNDRED  FIFTY  DOLLARS  AND  not exceeding [fifty] FIVE HUNDRED dollars
 [and/or] FOR THE FIRST OFFENSE AND NOT LESS THAN  FIVE  HUNDRED  DOLLARS
 AND  NOT EXCEEDING ONE THOUSAND DOLLARS FOR ALL SUBSEQUENT OFFENSES AND,
 IN ADDITION TO SUCH FINE, THE COURT SHALL REQUIRE THE completion  of  an
 alcohol  awareness  program established pursuant to section 19.25 of the
 mental hygiene law and/or an appropriate amount of community service not
 to exceed thirty hours.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04485-01-7

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