NY State Senate Bill 2019-S3803

Senate Bill S3803

2019-2020 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

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Feb 14, 2019	referred to investigations and government operations

2019-S3803 (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Alcoholic Beverage Control Law
Laws Affected:: Amd §65-c, ABC L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3483
2015-2016: S1557
2017-2018: S2536

2019-S3803 (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.

2019-S3803 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3803

SPONSOR: RANZENHOFER
 
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 alco-
holic 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 dis courage 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.
2017 - S.2536/A.4495 -  PASSED SENATE/Econ. Dev.
2018 - S.2536/A.4495 - RULES/Econ. Dev.

 
FISCAL IMPLICATIONS:  None.

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

2019-S3803 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3803
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
   when printed to be committed to the Committee  on  Investigations  and
   Government Operations
 
 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.
                                                            LBD01606-01-9

 S. 3803                             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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