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.
Ayes (61): Adams, Addabbo, Avella, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Ball, Hassell-Thomps
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.
Section 65-c makes possession of alcohol with intent to consume by a minor illegal.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 3483 2013-2014 Regular Sessions IN SENATE February 4, 2013 ___________Introduced by Sens. RANZENHOFER, MAZIARZ, SAVINO -- 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 ASEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04683-02-3 S. 3483 2
DETERMINED BY THE COURT, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS. S 2. This act shall take effect on the ninetieth day after it shall have become a law.