S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1557
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 13, 2015
                                      ___________
       Introduced  by  Sens.  RANZENHOFER, DeFRANCISCO, MARCHIONE -- 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:
    1    Section 1. Subdivision 3 of section 65-c  of  the  alcoholic  beverage
    2  control  law,  as amended by chapter 137 of the laws of 2001, is amended
    3  to read as follows:
    4    3. (A) Any person who unlawfully possesses an alcoholic beverage  with
    5  intent  to consume may be summoned before and examined by a court having
    6  jurisdiction of that charge; provided, however, that  nothing  contained
    7  herein shall authorize, or be construed to authorize, a peace officer as
    8  defined  in  subdivision  thirty-three  of  section 1.20 of the criminal
    9  procedure law or a police officer as defined in subdivision  thirty-four
   10  of  section 1.20 of such law to arrest a person who unlawfully possesses
   11  an alcoholic beverage with intent to consume. If a determination is made
   12  sustaining such charge the court may impose a fine not  exceeding  fifty
   13  dollars  and/or  completion  of an alcohol awareness program established
   14  pursuant to section 19.25 of the mental hygiene law and/or an  appropri-
   15  ate amount of community service not to exceed thirty hours.
   16    (B)  IN  THE  EVENT  A PERSON WHO HAS BEEN ALLEGED TO HAVE OR HAS BEEN
   17  DETERMINED TO HAVE  UNLAWFULLY  POSSESSED  AN  ALCOHOLIC  BEVERAGE  WITH
   18  INTENT  TO  CONSUME  FAILS TO APPEAR BEFORE THE COURT, FAILS TO PAY SUCH
   19  FINE AS MAY BE SET BY  THE  COURT,  OR  COMPLETE  AN  ALCOHOL  AWARENESS
   20  PROGRAM  ESTABLISHED PURSUANT TO SECTION 19.25 OF THE MENTAL HYGIENE LAW
   21  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.
                                                                  LBD02094-01-5
       S. 1557                             2
    1  DETERMINED  BY THE COURT, THE COURT MAY IMPOSE AN ADDITIONAL FINE OF NOT
    2  MORE THAN FIVE HUNDRED DOLLARS.
    3    S  2.  This  act shall take effect on the ninetieth day after it shall
    4  have become a law.