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

                                  6076

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2011
                               ___________

Introduced  by  M. of A. SCHIMMINGER, GIGLIO -- Multi-Sponsored by -- M.
  of A. BURLING, CORWIN, HAWLEY -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law and the alcoholic beverage control law, in
  relation to imposing additional fines when a person fails to  pay  his
  or her fines or fails to complete counseling or community service when
  mandated

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 221.05 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
S 221.05 Unlawful possession of marihuana.
  1. A person is guilty of unlawful possession of marihuana when  he  OR
SHE knowingly and unlawfully possesses marihuana.
  Unlawful  possession  of marihuana is a violation punishable only by a
fine of not more than one hundred dollars. However, where the  defendant
has  previously  been convicted of an offense defined in this article or
article [220] TWO HUNDRED TWENTY of this chapter, committed  within  the
three years immediately preceding such violation, it shall be punishable
(a)  only by a fine of not more than two hundred dollars, if the defend-
ant was previously convicted of one such offense committed  during  such
period,  and (b) by a fine of not more than two hundred fifty dollars or
a term of imprisonment not in excess of fifteen days  or  both,  if  the
defendant was previously convicted of two such offenses committed during
such period.
  2. IN THE EVENT A PERSON WHO HAS BEEN CONVICTED OF UNLAWFUL POSSESSION
OF  MARIHUANA  FAILS  TO PAY SUCH FINE AS MAY BE SET BY THE COURT WITHIN
ONE HUNDRED TWENTY DAYS AFTER THE DECISION OF THE COURT, THEN  IN  ADDI-
TION  TO  SUCH FINE, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF NOT MORE
THAN TWO HUNDRED FIFTY DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02539-01-1

              

A. 6076                             2

  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, SECTION
120.20 OF THE CRIMINAL PROCEDURE LAW SHALL APPLY IN THE EVENT  A  PERSON
WHO  HAS  BEEN  CHARGED WITH A VIOLATION OF THIS SECTION FAILS TO APPEAR
BEFORE THE COURT ON THE DATE SET BY THE ACCUSATORY INSTRUMENT;  ARTICLES
FOUR  HUNDRED  TEN AND FOUR HUNDRED TWENTY OF THE CRIMINAL PROCEDURE LAW
AND ARTICLE TWENTY OF THE JUDICIARY LAW  SHALL  APPLY  IN  THE  EVENT  A
PERSON  WHO  HAS  BEEN  FOUND TO HAVE VIOLATED THIS SECTION FAILS TO PAY
SUCH FINE AS MAY BE SET BY THE COURT  WITHIN  ONE  HUNDRED  TWENTY  DAYS
AFTER THE DECISION OF THE COURT.
  S  2.  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 DETERMINED TO  HAVE  UNLAWFULLY
POSSESSED AN ALCOHOLIC BEVERAGE WITH INTENT TO CONSUME 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 ONE HUNDRED
TWENTY DAYS AFTER THE DECISION OF THE COURT, THEN IN  ADDITION  TO  SUCH
FINE,  PROGRAM  AND/OR  COMMUNITY SERVICE, THE COURT MAY IMPOSE AN ADDI-
TIONAL FINE OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS.
  (C) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
SECTION  120.20 OF THE CRIMINAL PROCEDURE LAW SHALL APPLY IN THE EVENT A
PERSON WHO HAS BEEN ALLEGED TO  HAVE  VIOLATED  THIS  SECTION  FAILS  TO
APPEAR  BEFORE  THE  COURT  ON  THE DATE SET BY THE COURT; ARTICLES FOUR
HUNDRED TEN AND FOUR HUNDRED TWENTY OF THE CRIMINAL  PROCEDURE  LAW  AND
ARTICLE  TWENTY  OF  THE JUDICIARY LAW SHALL APPLY IN THE EVENT A PERSON
WHO HAS BEEN FOUND TO HAVE UNLAWFULLY POSSESSED  AN  ALCOHOLIC  BEVERAGE
WITH  INTENT  TO  CONSUME IN VIOLATION OF THIS SECTION 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  ONE  HUNDRED
TWENTY DAYS AFTER THE DECISION OF THE COURT.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.