Bill Text: NY A06656 | 2015-2016 | General Assembly | Introduced
Bill Title: Extends dram shop liability to cover persons who sell forms of false identification to persons under 21 years of age who cause injury or damages while intoxicated or whose ability is impaired.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A06656 Detail]
Download: New_York-2015-A06656-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6656
2015-2016 Regular Sessions
I N A S S E M B L Y
March 30, 2015
___________
Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Judiciary
AN ACT to amend the general obligations law, in relation to compensation
for injury caused by the illegal sale of alcoholic beverages to a
person under the age of twenty-one years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 11-100 of the general obligations
2 law, as amended by chapter 274 of the laws of 1985, is amended to read
3 as follows:
4 1. Any person who shall be injured in person, property, means of
5 support or otherwise, by reason of the intoxication or impairment of
6 ability of any person under the age of twenty-one years, whether result-
7 ing in his OR HER death or not, shall have a right of action to recover
8 actual damages against:
9 (A) any person who knowingly causes such intoxication or impairment of
10 ability by unlawfully furnishing to or unlawfully assisting in procuring
11 alcoholic beverages for such INTOXICATED OR IMPAIRED person with know-
12 ledge or reasonable cause to believe that such person was under the age
13 of twenty-one years[.]; OR
14 (B) ANY PERSON OR ENTITY THAT DISTRIBUTES OR MANUFACTURES MORE THAN
15 TEN FALSE IDENTIFICATION CARDS OR OTHER FORGED INSTRUMENTS, AS SUCH TERM
16 IS DEFINED IN SECTION 170.00 OF THE PENAL LAW, WHICH MISREPRESENTS THE
17 AGE AND/OR IDENTITY OF ANY PERSON, AND KNOWINGLY SELLS SUCH CARDS OR
18 INSTRUMENTS TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, AND WHICH ARE
19 USED TO UNLAWFULLY PROCURE ALCOHOLIC BEVERAGES THAT CAUSE OR CONTRIBUTE
20 TO SUCH OTHER PERSON'S INTOXICATION OR IMPAIRMENT OF ABILITY. ACTUAL
21 KNOWLEDGE OF THE SPECIFIC PROCUREMENT OF THE ALCOHOLIC BEVERAGES THAT
22 CAUSE OR CONTRIBUTE TO THE INTOXICATION OR IMPAIRMENT SHALL NOT BE
23 NECESSARY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05824-01-5
A. 6656 2
1 S 2. Section 11-100 of the general obligations law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-A. IN ANY ACTION COMMENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
4 ONE OF THIS SECTION, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT THE PERSON
5 OR ENTITY PROVIDING AN IDENTIFICATION CARD OR INSTRUMENT STATING THAT A
6 MINOR IS TWENTY-ONE YEARS OF AGE OR OLDER SOLD OR PROVIDED SUCH IDEN-
7 TIFICATION CARD OR INSTRUMENT IN RELIANCE UPON A PHOTOGRAPHIC IDENTIFI-
8 CATION CARD APPARENTLY ISSUED BY A GOVERNMENTAL ENTITY, WHICH STATED
9 THAT THE RECIPIENT WAS TWENTY-ONE YEARS OF AGE OR OLDER AND WHICH WAS
10 SUBJECT TO A TRANSACTION SCAN PURSUANT TO SECTION SIXTY-FIVE-B OF THE
11 ALCOHOLIC BEVERAGE CONTROL LAW.
12 S 3. This act shall take effect on the first of January next succeed-
13 ing the date on which it shall have become a law.
