Bill Text: NY A00909 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-07-13 - held for consideration in economic development [A00909 Detail]

Download: New_York-2019-A00909-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           909
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        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:
     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. 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 of not less than  two
    13  hundred  fifty  dollars  and  not exceeding [fifty] five hundred dollars
    14  [and/or] for the first offense and not less than  five  hundred  dollars
    15  and  not exceeding one thousand dollars for all subsequent offenses and,
    16  in addition to such fine, the court shall require the completion  of  an
    17  alcohol  awareness  program established pursuant to section 19.25 of the
    18  mental hygiene law and/or an appropriate amount of community service not
    19  to exceed thirty hours.
    20    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02752-01-9