Bill Text: NJ S2063 | 2020-2021 | Regular Session | Introduced
Bill Title: Makes six-month driver license suspension optional penalty for casino gambling by person under legal age of 21.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-16 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2063 Detail]
Download: New_Jersey-2020-S2063-Introduced.html
Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Makes six-month driver license suspension optional penalty for casino gambling by person under legal age of 21.
CURRENT VERSION OF TEXT
As introduced.
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. a. A person under the age at which a person is authorized to purchase and consume alcoholic beverages shall not enter, or wager in, a licensed casino or simulcasting facility; provided, however, that the person may enter a casino or simulcasting facility by way of passage to another room, and provided further, however, that any person 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. The 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.
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 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.2019, c.276, s.8)
2. This act shall take effect immediately.
STATEMENT
Under current law, the penalty for a person who enters or gambles at a casino when the person is under 21 years of age includes a mandatory six-month driver license suspension or postponement. This bill would make the suspension or postponement an option that the court could impose, based on the facts and circumstances of the violation from which the court may conclude that such a penalty is warranted, and the court will be required to consider the potential effect of the loss of driving privileges on the person's ability to be pursue education or employment.
