NY State Senate Bill 2017-S2536

Senate Bill S2536

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

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Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
May 14, 2018	advanced to third reading
May 09, 2018	2nd report cal.
May 08, 2018	1st report cal.1070
Jan 03, 2018	referred to alcoholism and drug abuse returned to senate died in assembly
Mar 07, 2017	referred to economic development delivered to assembly passed senate
Jan 31, 2017	advanced to third reading
Jan 30, 2017	2nd report cal.
Jan 24, 2017	1st report cal.90
Jan 13, 2017	referred to alcoholism and drug abuse

Votes

- Mar 7, 2017 - Floor Vote
  S2536
  
  46
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 7, 2017
      
      aye (46)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Golden
      
      Griffo
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (14)
      
      Alcantara
      
      Bailey
      
      Comrie
      
      Gianaris
      
      Hamilton
      
      Hoylman-Sigal
      
      Krueger
      
      Montgomery
      
      Parker
      
      Peralta
      
      Persaud
      
      Rivera
      
      Sanders Jr.
      
      Squadron
      
      excused (2)
      
      Dilan
      
      Hannon
  May 8, 2018 - Committee Vote
  S2536
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 8, 2018
      
      aye (6)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Kaminsky
      
      Phillips
      
      Ritchie
      
      nay (1)
      
      Parker
  Jan 24, 2017 - Committee Vote
  S2536
  
  6
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jan 24, 2017
      
      aye (6)
      
      Amedore
      
      Bonacic
      
      Carlucci
      
      Kaminsky
      
      Phillips
      
      Ritchie
      
      nay (1)
      
      Parker

co-Sponsors

2017-S2536 (ACTIVE) - Details

See Assembly Version of this Bill:: A4495
Current Committee:: Senate Rules
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3483, A5945
2015-2016: S1557, A4372
2019-2020: S3803

2017-S2536 (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-S2536 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2536

 TITLE OF BILL :

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

 SUMMARY OF PROVISIONS :

SECTION 1 amends paragraph 3 of section 65-c of the Alcoholic Beverage
Control Law by adding a new section (b) which provides that if a
person who is charged or has been found to have unlawfully possessed
an alcoholic beverage with intent to consume fails to appear, pay such
fine as may be set by the court, or complete an alcohol awareness
program or community service required by the court, within such time
as determined by the court, then in additional to the original fine,
awareness program or community service required by the court, the
court may impose an additional fine of not more than five hundred
dollars.

SECTION 3 provides that this act shall take effect on the ninetieth
day after it shall have become law.

 PURPOSE AND JUSTIFICATION :

Local Justices are reporting an alarming number of people,
particularly young people, who are simply disregarding the sentence of
the court in cases of underage possession of alcohol. Many apparently
realize that if they do not pay the fine, or complete a course or
community service, or even appear, there is nothing more that the
court can do. Because jail time is not a possible sentence the court
cannot issue a warrant. The small fines or educational and service
requirements cannot be increased as an incentive to complete the
sentence of the court. In one local court, out of ninety six arrests
for underage alcohol possession, six persons had failed to appear, one
person has not paid his fine, two are still pending pretrial and
thirty-five (30%) have not completed their court ordered alcohol
awareness program.  Sixty-eight (60%) have appeared, paid their fine
and completed their course, which is actually higher than the rate of
success in some courts because the court in question tries to involve
the young person's parents in the process. The unenforceability of the
current law encourages a lack of respect for the courts and the law by
young people and weakens the educational purposes of these laws to
discourage underage drinking.

 EXISTING LAW :

Section 65-c makes possession of alcohol with intent to consume by a
minor illegal.

 PRIOR LEGISLATIVE HISTORY :

2013-14 - S.3483/A.5945 - PASSED SENATE/Econ. Dev.
2015-16 - S.1557/A.4372 - PASSED SENATE/Econ. Dev.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
law.

2017-S2536 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2536
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, MARCHIONE -- 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
   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.
                                                            LBD06137-01-7

 S. 2536                             2
 
 DETERMINED  BY THE COURT, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF NOT
 MORE THAN FIVE HUNDRED DOLLARS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S2536

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Sponsored By

Michael H. Ranzenhofer