What's happening
The bill allows courts to impose an additional fine of up to $500 if someone fails to appear, pay fines, or complete court-ordered programs for underage alcohol possession.
Why it matters
Increases consequences for non-compliance. By allowing courts to impose an additional fine of up to $500, the bill significantly raises the stakes for those who do not follow through with court orders related to underage alcohol possession, such as not appearing in court, not paying fines, or not completing required programs.
Targets follow-through on rehabilitation and accountability. The legislation emphasizes the importance of completing alcohol awareness programs and community service, potentially encouraging more consistent participation and accountability among offenders.
Potentially impacts young people and their families. Since underage alcohol possession often involves minors or young adults, the added financial penalty could have broader effects on families, especially those with limited resources.
May influence court and law enforcement practices. Courts could have broader discretion in penalizing non-compliant individuals, potentially leading to stricter enforcement of underage drinking laws and related court mandates.
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Who cares
Headline styles
Extra Fines for Court No-Shows
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3803
2019-2020 Regular Sessions
IN SENATE
February 14, 2019
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
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 Assembly, do enact as follows:
Section 1. Subdivision 3 of section 65-c of the alcoholic beverage control law, as amended by chapter 137 of the laws of 2001, is amended to read as follows:
3. (a) Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction of that charge; provided, however, that nothing contained herein shall authorize, or be construed to authorize, a peace officer as defined in subdivision thirty-three of section 1.20 of the criminal procedure law or a police officer as defined in subdivision thirty-four of section 1.20 of such law to arrest a person who unlawfully possesses an alcoholic beverage with intent to consume. If a determination is made sustaining such charge the court may impose a fine not exceeding fifty dollars and/or completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law and/or an appropriate amount of community service not to exceed thirty hours.
(b) In the event a person who has been alleged to have or has been determined to have unlawfully possessed an alcoholic beverage with intent to consume fails to appear before the court, fails to pay such fine as may be set by the court, or complete an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law 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.
LBD01606-01-9
S. 3803 2
determined by the court, the court may impose an additional fine of not more than five hundred dollars.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 alco- holic 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 dis courage 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. 2015-16 - S.1557/A.4372 - PASSED SENATE/Econ. Dev. 2017 - S.2536/A.4495 - PASSED SENATE/Econ. Dev. 2018 - S.2536/A.4495 - RULES/Econ. Dev.
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.