Bill S3336-2011

Imposes additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated

Imposes additional fines when a person fails to pay his or her fines or fails to complete counseling or community service when mandated for unlawful possession of marihuana or unlawful possession of an alcohol beverage.

Details

Actions

  • May 2, 2012: referred to codes
  • May 1, 2012: DELIVERED TO ASSEMBLY
  • May 1, 2012: PASSED SENATE
  • Apr 25, 2012: ADVANCED TO THIRD READING
  • Apr 19, 2012: 2ND REPORT CAL.
  • Apr 18, 2012: 1ST REPORT CAL.525
  • Mar 13, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 13, 2011: referred to codes
  • Jun 13, 2011: DELIVERED TO ASSEMBLY
  • Jun 13, 2011: PASSED SENATE
  • Jun 7, 2011: ADVANCED TO THIRD READING
  • Jun 6, 2011: 2ND REPORT CAL.
  • Jun 2, 2011: 1ST REPORT CAL.959
  • May 10, 2011: REPORTED AND COMMITTED TO FINANCE
  • Feb 17, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 10, 2011
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (2): Duane, Perkins
Nays (1): Parker
VOTE: COMMITTEE VOTE: - Codes - Mar 13, 2012
Ayes (10): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Huntley
Ayes W/R (1): Perkins
Nays (5): Gianaris, Duane, Parker, Squadron, Espaillat

Memo

BILL NUMBER:S3336

TITLE OF BILL: 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

SUMMARY OF PROVISIONS: SECTION 1 amends section 221.05 of the penal Law to add a new paragraph 3, which provides that if a person who has been convicted of unlawful possession fails to pay the fine set by the court within one hundred twenty days after sentencing, the court may impose an additional fine of not more than two hundred and fifty dollars. In addition, the provisions of Criminal Procedure Law Section 120.20 and Article 410, and Judiciary.Law Article 20 may also be applied to enforce compliance.

SECTION 2 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 has been found 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 or community service required by the court, within one hundred twenty days of the decision of 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 two hundred and fifty dollars. In addition, the provisions of Criminal Procedure Law Section 120.20 and Article 410, and Judiciary Law Article 20 may also be applied to enforce compliance.

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 simple possession of marijuana or 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 and marihuana possession.

EXISTING LAW: Penal Law section 221.05 makes simple possession of marijuana illegal, and Alcoholic Beverage Control Law section 65-c makes possession of alcohol with intent to consume by a minor illegal.

PRIOR LEGISLATIVE HISTORY: 2010 - S.7018/A.I0899 -- CODES/Codes

FISCAL IMPLICATIONS: None.

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


Text

STATE OF NEW YORK ________________________________________________________________________ 3336 2011-2012 Regular Sessions IN SENATE February 17, 2011 ___________
Introduced by Sens. RANZENHOFER, DeFRANCISCO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee 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.
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus