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

4 Co-sponsors

• John A. DeFrancisco
• William J. Larkin Jr.
• George D. Maziarz
• James L. Seward

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.