Increases the community service requirements for underage purchase of alcoholic beverages.
Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Hassell-Thomps, Sanders
Absent (1): Sampson
Excused (1): Montgomery
TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to penalties for the purchase or attempt to purchase an alcoholic beverage by a person under twenty-one years of age
PURPOSE OR GENERAL IDEA OF BILL: Stiffens and modernizes the penalties for minors who purchase or attempt to purchase alcohol. Also creates parity between New York and neighboring states, but retains judicial discretion and flexibility.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1- Increases first offense penalties found in subdivision 3 of section 65-b of the Alcohol Beverage Control Law for using a fake ID from up to $100 and/or up to 30 hours community service to $100-$500 and/or community service; in old and new, the Court may include an alcohol awareness program. Second offense raises it from $50-$350 and/or up to 30 hours community service to $250-$750 and/or up to 60 hours community service; in both, the court shall order alcohol awareness. For a third and later violations, increases penalty from $50-$750 and/or up to 30 hours community service to $500-$1000 and up to 90 hours community service; in both court shall order an evaluation by a program licenses by OASAS.
Section 2- Increases license suspension penalties in subdivision 6 of section 65-b of the Alcohol Beverage Control Law from three months for a first violation to five months, and for ten months or until the holder reaches twenty-one, whichever is longer. This eliminates a middle tier which allowed for a six month suspension.
JUSTIFICATION: Use of false identification is a societal, pervasive problem and an important front of the fight against underage drinking. The struggle to restrict access to alcohol by those under the legal purchase age must take many forms. This legislation takes aim at one tool being used by underage drinkers which is the use of false identifications, or a fake IDs. These false identifications have gone much further than "chalking" or borrowing another person's identification and now many websites and businesses will sell identification which is extremely difficult to differentiate from authentic documentation. This poses a numbers of problems and risks, the brunt of which has been shouldered by businesses in New York while neighboring states have taken the issue far more seriously.
Modern fake IDs are notoriously difficult to detect, open the door to identity theft, and are not taken seriously enough by our laws. Fake IDs are created by businesses, often overseas, which take individuals' information, make a nearly-undetectable fake ID, and then turn around and sell the information to unscrupulous parties. The young people who go through this process are unaware of the risks they are taking by buying fake IDs in this manner. They are also unaware of the liability they are imposing on businesses which are diligent in checking IDs, but unable to detect these fakes after taking reasonable precautions.
This legislation matches the severity and risks that modern fake Ins are imposing. It catches New York up to the penalties of neighboring states such as New Jersey and Connecticut and shifts some of the risk and responsibility to deter the youth who use fake IDs.
PRIOR LEGISLATIVE HISTORY: S. 7128 of 2012, Reported to Senate Finance
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 4101 2013-2014 Regular Sessions IN SENATE March 8, 2013 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Drug Abuse AN ACT to amend the alcoholic beverage control law, in relation to penalties for the purchase or attempt to purchase an alcoholic bever- age by a person under twenty-one years of age THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a), (b) and (c) of subdivision 3 of section 65-b of the alcoholic beverage control law, as amended by chapter 519 of the laws of 1999, are amended to read as follows: (a) For a first violation, the court shall order payment of a fine of not LESS THAN ONE HUNDRED DOLLARS, NOR more than
[one]FIVE hundred dollars and/or an appropriate amount of community service not to exceed thirty hours. In addition, the court may order completion of an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law. (b) For a second violation, the court shall order payment of a fine of not less than TWO HUNDRED fifty dollars nor more than [three]SEVEN hundred fifty dollars and/or an appropriate amount of community service not to exceed [thirty]SIXTY hours. The court also shall order completion of an alcohol awareness program as referenced in paragraph (a) of this subdivision if such program has not previously been completed by the offender, unless the court determines that attendance at such program is not feasible due to the lack of availability of such program within a reasonably close proximity to the locality in which the offender resides or matriculates, as appropriate. (c) For third and subsequent violations, the court shall order payment of a fine of not less than [fifty]FIVE HUNDRED dollars nor more than [seven hundred fifty]ONE THOUSAND dollars and/or an appropriate amount of community service not to exceed [thirty]NINETY hours. The court also shall order that such person submit to an evaluation by an appropriateEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00973-02-3 S. 4101 2
agency certified or licensed by the office of alcoholism and substance abuse services to determine whether the person suffers from the disease of alcoholism or alcohol abuse, unless the court determines that under the circumstances presented such an evaluation is not necessary, in which case the court shall state on the record the basis for such deter- mination. Payment for such evaluation shall be made by such person. If, based on such evaluation, a need for treatment is indicated, such person may choose to participate in a treatment plan developed by an agency certified or licensed by the office of alcoholism and substance abuse services. If such person elects to participate in recommended treatment, the court shall order that payment of such fine and community service be suspended pending the completion of such treatment. S 2. Subdivision 6 of section 65-b of the alcoholic beverage control law, as amended by chapter 519 of the laws of 1999 and the opening para- graph as amended by chapter 503 of the laws of 2000, is amended to read as follows: 6. In addition to the penalties otherwise provided in subdivision three of this section, if a determination is made sustaining a charge of illegally purchasing or attempting to illegally purchase an alcoholic beverage, the court may suspend such person's license to drive a motor vehicle and the privilege of an unlicensed person of obtaining such license, in accordance with the following and for the following periods, if it is found that a driver's license, FALSE IDENTIFICATION CARD OR OTHER FORGED INSTRUMENT, AS DEFINED IN SUBDIVISION SEVEN OF SECTION 170.00 OF THE PENAL LAW, was used for the purpose of such illegal purchase or attempt to illegally purchase; provided, however, that where a person is sentenced pursuant to paragraph (b) or (c) of subdivision three of this section, the court shall impose such license suspension if it is found that a driver's license, FALSE IDENTIFICATION CARD OR OTHER FORGED INSTRUMENT, AS DEFINED IN SUBDIVISION SEVEN OF SECTION 170.00 OF THE PENAL LAW, was used for the purpose of such illegal purchase or attempt to illegally purchase: (a) For a first violation of paragraph (a) of subdivision two of this section, a
[three]FIVE month suspension [.]; AND (b) [For a second violation of paragraph (a) of subdivision two of this section, a six month suspension. (c)]For a [third]SECOND or subsequent violation of paragraph (a) of subdivision two of this section, a suspension for [one year]TEN MONTHS or until the holder reaches the age of twenty-one, whichever is the greater period of time. Such person may thereafter apply for and be issued a restricted use license in accordance with the provisions of section five hundred thirty of the vehicle and traffic law. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.