Assembly Bill A2464

2013-2014 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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2013-A2464 (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
2015-2016: A2238
2017-2018: A2228
2019-2020: A909

2013-A2464 (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.

2013-A2464 (ACTIVE) - Bill Text download pdf 

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

                                  2464

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

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.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06385-01-3

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