Bill Text: NY S03897 | 2019-2020 | General Assembly | Introduced
Bill Title: 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 alcoholic beverage.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE [S03897 Detail]
Download: New_York-2019-S03897-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3897 2019-2020 Regular Sessions IN SENATE February 20, 2019 ___________ Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse 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: 1 Section 1. Section 221.05 of the penal law, as added by chapter 360 of 2 the laws of 1977, is amended to read as follows: 3 § 221.05 Unlawful possession of marihuana. 4 1. A person is guilty of unlawful possession of marihuana when he or 5 she knowingly and unlawfully possesses marihuana. 6 Unlawful possession of marihuana is a violation punishable only by a 7 fine of not more than one hundred dollars. However, where the defendant 8 has previously been convicted of an offense defined in this article or 9 article [220] two hundred twenty of this chapter, committed within the 10 three years immediately preceding such violation, it shall be punishable 11 (a) only by a fine of not more than two hundred dollars, if the defend- 12 ant was previously convicted of one such offense committed during such 13 period, and (b) by a fine of not more than two hundred fifty dollars or 14 a term of imprisonment not in excess of fifteen days or both, if the 15 defendant was previously convicted of two such offenses committed during 16 such period. 17 2. In the event a person who has been convicted of unlawful possession 18 of marihuana fails to pay such fine as may be set by the court within 19 one hundred twenty days after the decision of the court, then in addi- 20 tion to such fine, the court may impose an additional fine of not more 21 than two hundred fifty dollars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01615-01-9S. 3897 2 1 3. Notwithstanding any other provision of law to the contrary, section 2 120.20 of the criminal procedure law shall apply in the event a person 3 who has been charged with a violation of this section fails to appear 4 before the court on the date set by the accusatory instrument; articles 5 four hundred ten and four hundred twenty of the criminal procedure law 6 and article twenty of the judiciary law shall apply in the event a 7 person who has been found to have violated this section fails to pay 8 such fine as may be set by the court within one hundred twenty days 9 after the decision of the court. 10 § 2. Subdivision 3 of section 65-c of the alcoholic beverage control 11 law, as amended by chapter 137 of the laws of 2001, is amended to read 12 as follows: 13 3. (a) Any person who unlawfully possesses an alcoholic beverage with 14 intent to consume may be summoned before and examined by a court having 15 jurisdiction of that charge; provided, however, that nothing contained 16 herein shall authorize, or be construed to authorize, a peace officer as 17 defined in subdivision thirty-three of section 1.20 of the criminal 18 procedure law or a police officer as defined in subdivision thirty-four 19 of section 1.20 of such law to arrest a person who unlawfully possesses 20 an alcoholic beverage with intent to consume. If a determination is made 21 sustaining such charge the court may impose a fine not exceeding fifty 22 dollars and/or completion of an alcohol awareness program established 23 pursuant to section 19.25 of the mental hygiene law and/or an appropri- 24 ate amount of community service not to exceed thirty hours. 25 (b) In the event a person who has been determined to have unlawfully 26 possessed an alcoholic beverage with intent to consume fails to pay such 27 fine as may be set by the court, or complete an alcohol awareness 28 program established pursuant to section 19.25 of the mental hygiene law 29 and/or community service as required by the court within one hundred 30 twenty days after the decision of the court, then in addition to such 31 fine, program and/or community service, the court may impose an addi- 32 tional fine of not more than two hundred fifty dollars. 33 (c) Notwithstanding any other provision of law to the contrary, 34 section 120.20 of the criminal procedure law shall apply in the event a 35 person who has been alleged to have violated this section fails to 36 appear before the court on the date set by the court; articles four 37 hundred ten and four hundred twenty of the criminal procedure law and 38 article twenty of the judiciary law shall apply in the event a person 39 who has been found to have unlawfully possessed an alcoholic beverage 40 with intent to consume in violation of this section fails to pay such 41 fine as may be set by the court, or complete an alcohol awareness 42 program established pursuant to section 19.25 of the mental hygiene law 43 and/or community service as required by the court, within one hundred 44 twenty days after the decision of the court. 45 § 3. This act shall take effect on the ninetieth day after it shall 46 have become a law.
