Assembly Bill A4495

2017-2018 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

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-A4495 (ACTIVE) - Details

See Senate Version of this Bill:
S2536
Current Committee:
Assembly Economic Development
Law Section:
Alcoholic Beverage Control Law
Laws Affected:
Amd §65-c, ABC L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5945, S3483
2015-2016: A4372, S1557
2019-2020: S3803

2017-A4495 (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.

2017-A4495 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4495
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SCHIMMINGER,  GALEF,  HAWLEY, JOHNS, GIGLIO,
   CYMBROWITZ, MONTESANO,  BRINDISI,  OAKS,  STECK,  SKOUFIS,  PALMESANO,
   STEC,  DiPIETRO  --  Multi-Sponsored  by -- M. of A. BARCLAY, GOODELL,
   GUNTHER, 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.
              

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