Bill Text: NJ A548 | 2010-2011 | Regular Session | Introduced
Bill Title: Increases penalties for underage drinking.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Law and Public Safety Committee [A548 Detail]
Download: New_Jersey-2010-A548-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Middlesex and Monmouth)
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Increases penalties for underage drinking.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning underage drinking, amending P.L.2000, c.33 and P.L.1979, c.264.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2000, c.33 (C.40:48-1.2) is amended to read as follows:
1. a. A municipality may enact an ordinance making it unlawful for any person under the legal age [who] to, without legal authority, knowingly [possesses] possess or knowingly [consumes] consume an alcoholic beverage on private property. The ordinance shall provide that a violation shall be punished by a fine of [$250] $450 for a first offense and [$350] $550 for any subsequent offense. Of that fine, $200 shall be placed in the "Alcohol Education, Rehabilitation and Enforcement Fund" established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) for the purposes of drug and alcohol awareness, treatment and enforcement.
b. (1) The ordinance shall provide that the court [may] shall, in addition to the fine authorized for this offense, suspend or postpone for [six] 12 months the driving privilege of the defendant. Upon the conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the [Division of Motor Vehicles] Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of [six] 12 months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the [division] commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under such an ordinance is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the [division] commission the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the [division] commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
(2) In the case of a juvenile adjudicated delinquent for a violation of this subsection, the court shall impose 40 days of community service which shall commence on the first day following the last day of the school year in which the juvenile was adjudicated and shall end prior to the day immediately proceeding the first day of the school year next following.
c. (1) No ordinance shall prohibit an underaged person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony, or rite or consuming or possessing an alcoholic beverage in the presence of and with the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
(2) As used in this section:
"Guardian" means a person who has qualified as a guardian of the underaged person pursuant to testamentary or court appointment.
"Relative" means the underaged person's grandparent, aunt or uncle, sibling, or any other person related by blood or affinity.
d. No ordinance shall prohibit possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution; however, no ordinance enacted pursuant to this section shall be construed to preclude the imposition of a penalty under this section, R.S.33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
(cf: P.L.2000, c.33, s.1)
2. Section 1 of P.L.1979, c.264 (2C:33-15) is amended to read as follows:
1. a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than [$500.00] $700. Of that fine, $200 shall be placed in the "Alcohol Education, Rehabilitation and Enforcement Fund" established pursuant to section 3 of P.L.1983, c.531 (C.26:2B-32) for the purposes of drug and alcohol awareness, treatment and enforcement.
b. [Whenever this offense is committed in a motor vehicle, the] (1) The court shall, in addition to the sentence authorized for the offense, suspend or postpone for [six] 12 months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the [Division of Motor Vehicles] Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of [six] 12 months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the [division] commission along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the [division] commission the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the [division] commission shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
(2) In the case of a juvenile adjudicated delinquent for a violation of this subsection, the court shall impose 40 days of community service which shall commence on the first day following the last day of the school year in which the juvenile was adjudicated and shall end prior to the day immediately proceeding the first day of the school year next following.
c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.
e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.
(cf: P.L.1997, c.161, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill increases the penalties for underage drinking, both in public and private places. Under the bill, in locations considered private the fine is increased to $450 for a first offense and increased to $550 for a second offense. In locations considered public, the fine is increased to $700.
Currently, the fine for a first offense in a private location is $250 and for a subsequent offense, $350. The fine for a first offense in a public location is $500. The $200 increase is to be placed in the "Alcohol Education, Rehabilitation and Enforcement Fund" for the purposes of drug and alcohol awareness, treatment, and enforcement programs.
The bill also increases the driver's license suspension for an offender from six months to one year. If the offender is under 17 years of age, the suspension does not begin until the offender's 17th birthday.
Finally, the bill requires the juvenile to perform 40 days of community service during the summer, beginning on the day following the final day of the school year in which the juvenile was adjudicated delinquent and ending prior to the day immediately preceding the first day of the next school year.
The bill also makes technical corrections.
