Bill Text: NJ A4016 | 2018-2019 | Regular Session | Amended
Bill Title: Makes six-month driver license suspension optional penalty for casino gambling by person under legal age of 21.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-01-09 - Senate Amendment (29-0) (Beach) [A4016 Detail]
Download: New_Jersey-2018-A4016-Amended.html
Sponsored by:
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblyman JOHN ARMATO
District 2 (Atlantic)
Co-Sponsored by:
Assemblyman Caputo
SYNOPSIS
Makes six-month driver license suspension optional penalty for casino gambling by person under legal age of 21.
CURRENT VERSION OF TEXT
As amended by the Senate on January 9, 2020.
An Act concerning the penalty for casino gambling by certain persons and amending P.L.1977, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 119 of P.L.1977, c.110 (C.5:12-119) is amended to read as follows:
119. Gaming by Certain Persons Prohibited; Penalties; Defenses.
a. No person under the age at which a person is authorized to purchase and consume alcoholic beverages shall enter, or wager in, a licensed casino or simulcasting facility; provided, however, that such a person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any such person who is licensed or registered under the provisions of the "Casino Control Act," P.L.1977, c.110 (C.5:12-1 et seq.), may enter a casino or simulcasting facility in the regular course of the person's permitted activities.
Any person who violates this subsection shall be guilty of a disorderly persons offense and shall be fined not less than $500 and not more than $1,000. In addition, the court [shall] may suspend or postpone the person's license to operate a motor vehicle for six months, based on the facts and circumstances of the violation from which the court may conclude that such a penalty is warranted, and the court shall consider the potential effect of the loss of driving privileges on the person's ability to pursue education or employment. 1The court may also require any person who violates this subsection to participate in a compulsive gambling prevention, education, and treatment program that shall meet the criteria developed pursuant to section 2 of P.L.1993, c.229 (C.26:2-169), such as those provided by the Council on Compulsive Gambling of New Jersey.1
Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles 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 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 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] may suspend or postpone in accordance with same conclusions and considerations as set forth in the second paragraph of this subsection, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division 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 shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
b. Any licensee or employee of a casino who allows a person under the age at which a person is authorized to purchase and consume alcoholic beverages to remain in or wager in a casino or simulcasting facility is guilty of a disorderly persons offense; except that the establishment of all of the following facts by a licensee or employee allowing any such underage person to remain shall constitute a defense to any prosecution therefor:
(1) That the underage person falsely represented in writing that he or she was at or over the age at which a person is authorized to purchase and consume alcoholic beverages;
(2) That the appearance of the underage person was such that an ordinary prudent person would believe him or her to be at or over the age at which a person is authorized to purchase and consume alcoholic beverages; and
(3) That the admission was made in good faith, relying upon such written representation and appearance, and in the reasonable belief that the underage person was actually at or over the age at which a person is authorized to purchase and consume alcoholic beverages.
c. A person who knowingly allows or permits another person who is under his or her lawful care, custody, or control and who is under the age at which a person is authorized to purchase and consume alcoholic beverages to wager or attempt to wager in a licensed casino or simulcasting facility in violation of subsection a. of this section is guilty of a disorderly persons offense.
(cf: P.L.2002, c.65, s.30)
2. This act shall take effect immediately.
