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Alcoholism and Drug Abuse: Mar 14, 2011, Alcoholism and Drug Abuse: Jan 19, 2012

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Active List: Feb 6, 2012 , Active List: Jun 13, 2011 , Floor Calendar: Jan 23, 2012 , Floor Calendar: Jan 24, 2012 , Floor Calendar: Jan 30, 2012 , Floor Calendar: Jan 31, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Mar 15, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011

Votes

Memo

BILL NUMBER:S565A

TITLE OF BILL: An act to amend the alcoholic beverage control law, in relation to increasing the length of suspension of a driver's license for a person who illegally purchases or attempts to illegally purchase an alcoholic beverage

PURPOSE: To strengthen the underage drinking laws through an increase in penalty for those minors who seek to buy alcoholic beverages.

SUMMARY OF PROVISIONS: Section 1: Amends subdivision 6 of 65-b of the alcoholic beverage control law, making the penalty for the first violation where a minor uses a license to illegally purchase or attempt to purchase alcohol, a six month suspension of his or her license. Section 2: Amends subdivision 5 of section 65-b of the alcoholic beverage control law, making the penalty for a second or subsequent violation where a minor uses a license to illegally purchase or attempt to purchase alcohol; a one year suspension or until age 21, whichever is longer.

JUSTIFICATION: This bill contributes to strengthening the underage drinking laws through increased penalties for minors who illegally use a license to buy or attempt to buy alcoholic beverages. Increasing the amount of time the license of a minor may be suspended for the illegal purchase of alcohol would be a deterrent for minors who value the legitimate use of their license and the freedom it gives them for travel, leisure, school, and/or work. Underage drinking continues to be a growing problem which causes behavioral problems, social problems, and can lead to the use and abuse of other substances. This measure is a necessary part of a concerned effort to curtail, if not stop, underage drinking.

LEGISLATIVE HISTORY: 2003/04:  S.5461- Passed Senate 01/09/08: Referred to Mental Health and Developmental Disabilities

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

565--A

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee discharged and said bill committed to
  the Committee on Alcoholism and Drug Abuse  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the alcoholic  beverage  control  law,  in  relation  to
  increasing the length of suspension of a driver's license for a person
  who illegally purchases or attempts to illegally purchase an alcoholic
  beverage

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 6 of section 65-b  of  the  alcoholic  beverage
control  law, as amended by chapter 519 of the laws of 1999, the opening
paragraph 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] OR, IF SUCH PERSON IS UNLICENSED,  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  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 was used for the purpose of such  illegal  purchase  or
attempt to illegally purchase:].

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01985-02-1
S. 565--A                           2

  (a)  For a first violation of paragraph (a) of subdivision two of this
section, a [three] SIX month suspension.
  (b)  For  a  second  [violation of paragraph (a) of subdivision two of
this section, a six month suspension.
  (c) For a third] or subsequent violation of paragraph (a) of  subdivi-
sion  two of this section, a suspension for one year 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  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.