Imposes additional fines when a person fails to appear before the court, pay fines or complete counseling and/or community service as mandated

2 Co-sponsors

• John A. DeFrancisco
• Kathleen A. Marchione

BILL NUMBER:S1557

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.

Existing law

Section 65-c makes possession of alcohol with intent to consume by a minor illegal.

Prior legislative history

2013-14 - S.3483/A.5945 - PASSED SENATE/Econ. Dev.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall become law.