Bill Text: NY S02622 | 2011-2012 | General Assembly | Introduced
Bill Title: Increases the penalties imposed on a person under the age of twenty-one years to purchase or attempt to purchase an alcoholic beverage through the use of fake ID's; establishes fines, jail and license suspension; requires a personal identification number for individuals applying for a duplicate or amended license or permit through the department of motor vehicles website.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-23 - COMMITTEE DISCHARGED AND COMMITTED TO ALCOHOLISM AND DRUG ABUSE [S02622 Detail]
Download: New_York-2011-S02622-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2622
2011-2012 Regular Sessions
I N S E N A T E
January 27, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the alcoholic beverage control law, in relation to
increasing the penalties imposed on a person under the age of twenty-
one years to purchase or attempt to purchase an alcoholic beverage
through fraudulent means, and to amend the vehicle and traffic law, in
relation to requiring a personal identification number for individuals
applying for a duplicate or amended license or permit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 65-b of the alcoholic beverage control law, as
2 amended by chapter 519 of the laws of 1999 and the opening paragraph of
3 subdivision 6 as amended by chapter 503 of the laws of 2000, is amended
4 to read as follows:
5 S 65-b. Offense for one under age of twenty-one years to purchase or
6 attempt to purchase an alcoholic beverage through fraudulent means. 1.
7 As used in this section: (a) "A device capable of deciphering any elec-
8 tronically readable format" or "device" shall mean any commercial device
9 or combination of devices used at a point of sale or entry that is capa-
10 ble of reading the information encoded on the magnetic strip or bar code
11 of a driver's license or non-driver identification card issued by the
12 commissioner of motor vehicles;
13 (b) "Card holder" means any person presenting a driver's license or
14 non-driver identification card to a licensee, or to the agent or employ-
15 ee of such licensee under this chapter; and
16 (c) "Transaction scan" means the process involving a device capable of
17 deciphering any electronically readable format by which a licensee, or
18 agent or employee of a licensee under this chapter reviews a driver's
19 license or non-driver identification card presented as a precondition
20 for the purchase of an alcoholic beverage as required by subdivision two
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07242-01-1
S. 2622 2
1 of this section or as a precondition for admission to an establishment
2 licensed for the on-premises sale of alcoholic beverages where admission
3 is restricted to persons twenty-one years or older.
4 2. (a) No person under the age of twenty-one years shall present or
5 offer to any licensee under this chapter, or to the agent or employee of
6 such licensee, any written evidence of age which is false, fraudulent or
7 not actually his own, for the purpose of purchasing or attempting to
8 purchase any alcoholic beverage.
9 (b) No licensee, or agent or employee of such licensee shall accept as
10 written evidence of age by any such person for the purchase of any alco-
11 holic beverage, any documentation other than: (i) a valid driver's
12 license or non-driver identification card issued by the commissioner of
13 motor vehicles, the federal government, any United States territory,
14 commonwealth or possession, the District of Columbia, a state government
15 within the United States or a provincial government of the dominion of
16 Canada, or (ii) a valid passport issued by the United States government
17 or any other country, or (iii) an identification card issued by the
18 armed forces of the United States. Upon the presentation of such driv-
19 er's license or non-driver identification card issued by a governmental
20 entity, such licensee or agent or employee thereof may perform a trans-
21 action scan as a precondition to the sale of any alcoholic beverage.
22 Nothing in this section shall prohibit a licensee or agent or employee
23 from performing such a transaction scan on any of the other documents
24 listed in this subdivision if such documents include a bar code or
25 magnetic strip that [that] may be scanned by a device capable of deci-
26 phering any electronically readable format.
27 (c) In instances where the information deciphered by the transaction
28 scan fails to match the information printed on the driver's license or
29 non-driver identification card presented by the card holder, or if the
30 transaction scan indicates that the information is false or fraudulent,
31 the attempted purchase of the alcoholic beverage shall be denied.
32 3. A person violating the provisions of paragraph (a) of subdivision
33 two of this section shall be guilty of a violation [and shall be
34 sentenced in accordance with the following:
35 (a) For a first violation, the court shall order payment of a fine of
36 not more than one hundred dollars and/or an appropriate amount of commu-
37 nity service not to exceed thirty hours. In addition, the court may
38 order completion of an alcohol awareness program established pursuant to
39 section 19.25 of the mental hygiene law.
40 (b) For a second violation, the court shall order payment of a fine of
41 not less than fifty dollars nor more than three hundred fifty dollars
42 and/or an appropriate amount of community service not to exceed thirty
43 hours. The court also shall order completion of an alcohol awareness
44 program as referenced in paragraph (a) of this subdivision if such
45 program has not previously been completed by the offender, unless the
46 court determines that attendance at such program is not feasible due to
47 the lack of availability of such program within a reasonably close prox-
48 imity to the locality in which the offender resides or matriculates, as
49 appropriate.
50 (c) For third and subsequent violations, the court shall order payment
51 of a fine of not less than fifty dollars nor more than seven hundred
52 fifty dollars and/or an appropriate amount of community service not to
53 exceed thirty hours. The court also shall order that such person submit
54 to an evaluation by an appropriate agency certified or licensed by the
55 office of alcoholism and substance abuse services to determine whether
56 the person suffers from the disease of alcoholism or alcohol abuse,
S. 2622 3
1 unless the court determines that under the circumstances presented such
2 an evaluation is not necessary, in which case the court shall state on
3 the record the basis for such determination. Payment for such evaluation
4 shall be made by such person. If, based on such evaluation, a need for
5 treatment is indicated, such person may choose to participate in a
6 treatment plan developed by an agency certified or licensed by the
7 office of alcoholism and substance abuse services. If such person elects
8 to participate in recommended treatment, the court shall order that
9 payment of such fine and community service be suspended pending the
10 completion of such treatment] PUNISHABLE BY A FINE OF NOT LESS THAN
11 SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN TWENTY-FIVE HUNDRED DOLLARS OR
12 BY IMPRISONMENT FOR NOT MORE THAN TWELVE MONTHS, OR BY BOTH SUCH FINE
13 AND IMPRISONMENT. IN ADDITION, THE COURT MAY ORDER COMPLETION OF AN
14 ALCOHOL AWARENESS PROGRAM ESTABLISHED PURSUANT TO SECTION 19.25 OF THE
15 MENTAL HYGIENE LAW.
16 [(d) Evaluation procedures. For purposes of this subdivision, the
17 following shall apply:
18 (i) The contents of an evaluation pursuant to paragraph (c) of this
19 subdivision shall be used for the sole purpose of determining if such
20 person suffers from the disease of alcoholism or alcohol abuse.
21 (ii) The agency designated by the court to perform such evaluation
22 shall conduct the evaluation and return the results to the court within
23 thirty days, subject to any state or federal confidentiality law, rule
24 or regulation governing the confidentiality of alcohol and substance
25 abuse treatment records.
26 (iii) The office of alcoholism and substance abuse services shall make
27 available to each supreme court law library in this state, or, if no
28 supreme court law library is available in a certain county, to the coun-
29 ty court law library of such county, a list of agencies certified to
30 perform evaluations as required by subdivision (f) of section 19.07 of
31 the mental hygiene law.
32 (iv) All evaluations required under this subdivision shall be in writ-
33 ing and the person so evaluated or his or her counsel shall receive a
34 copy of such evaluation prior to its use by the court.
35 (v) A minor evaluated under this subdivision shall have, and shall be
36 informed by the court of, the right to obtain a second opinion regarding
37 his or her need for alcoholism treatment.]
38 4. A person violating the provisions of paragraph (b) of subdivision
39 two of this section shall be guilty of a violation punishable by a fine
40 of not more than one hundred dollars, and/or an appropriate amount of
41 community service not to exceed thirty hours. In addition, the court may
42 order completion of an alcohol training awareness program established
43 pursuant to subdivision twelve of section seventeen of this chapter
44 where such program is located within a reasonably close proximity to the
45 locality in which the offender is employed or resides.
46 5. No determination of guilt pursuant to this section shall operate as
47 a disqualification of any such person subsequently to hold public
48 office, public employment, or as a forfeiture of any right or privilege
49 or to receive any license granted by public authority[; and no such
50 person shall be denominated a criminal by reason of such determination].
51 6. In addition to the penalties otherwise provided in subdivision
52 three of this section, if a determination is made sustaining a charge of
53 illegally purchasing or attempting to illegally purchase an alcoholic
54 beverage, the court may suspend such person's license to drive a motor
55 vehicle and the privilege of an unlicensed person of obtaining such
56 license, [in accordance with the following and for the following peri-
S. 2622 4
1 ods,] FOR ONE YEAR OR UNTIL THE HOLDER REACHES THE AGE OF TWENTY-ONE,
2 WHICHEVER IS A GREATER PERIOD OF TIME, if it is found that a driver's
3 license was used for the purpose of such illegal purchase or attempt to
4 illegally purchase[; provided, however, that where a person is sentenced
5 pursuant to paragraph (b) or (c) of subdivision three of this section,
6 the court shall impose such license suspension if it is found that a
7 driver's license was used for the purpose of such illegal purchase or
8 attempt to illegally purchase:
9 (a) For a first violation of paragraph (a) of subdivision two of this
10 section, a three month suspension.
11 (b) For a second violation of paragraph (a) of subdivision two of this
12 section, a six month suspension.
13 (c) For a third or subsequent violation of paragraph (a) of subdivi-
14 sion two of this section, a suspension for one year or until the holder
15 reaches the age of twenty-one, whichever is the greater period of time].
16 Such person may thereafter apply for and be issued a restricted use
17 license in accordance with the provisions of section five hundred thirty
18 of the vehicle and traffic law.
19 7. (a) In any proceeding pursuant to subdivision one of section
20 sixty-five of this article, it shall be an affirmative defense that such
21 person had produced a driver's license or non-driver identification card
22 apparently issued by a governmental entity, successfully completed the
23 transaction scan, and that the alcoholic beverage had been sold, deliv-
24 ered or given to such person in reasonable reliance upon such identifi-
25 cation and transaction scan. In evaluating the applicability of such
26 affirmative defense, the liquor authority shall take into consideration
27 any written policy adopted and implemented by the seller to carry out
28 the provisions of this chapter. Use of a transaction scan shall not
29 excuse any licensee under this chapter, or agent or employee of such
30 licensee, from the exercise of reasonable diligence otherwise required
31 by this section. Notwithstanding the above provisions, any such affirma-
32 tive defense shall not be applicable in any other civil or criminal
33 proceeding, or in any other forum.
34 (b) A licensee or agent or employee of a licensee may electronically
35 or mechanically record and maintain only the information from a trans-
36 action scan necessary to effectuate the purposes of this section. Such
37 information shall be limited to the following: (i) name, (ii) date of
38 birth, (iii) driver's license or non-driver identification number, and
39 (iv) expiration date. The liquor authority and the state commissioner of
40 motor vehicles shall jointly promulgate any regulation necessary to
41 govern the recording and maintenance of these records by a licensee
42 under this chapter. The liquor authority and the commissioner of health
43 shall jointly promulgate any regulations necessary to ensure quality
44 control in the use of transaction scan devices.
45 8. A licensee or agent or employee of such licensee shall only use the
46 information recorded and maintained through the use of such devices for
47 the purposes contained in paragraph (a) of subdivision seven of this
48 section, and shall only use such devices for the purposes contained in
49 subdivision two of this section. No licensee or agent or employee of a
50 licensee shall resell or disseminate the information recorded during
51 such scan to any third person. Such prohibited resale or dissemination
52 includes, but is not limited to, any advertising, marketing or promo-
53 tional activities. Notwithstanding the restrictions imposed by this
54 subdivision, such records may be released pursuant to a court ordered
55 subpoena or pursuant to any other statute that specifically authorizes
56 the release of such information. Each violation of this subdivision
S. 2622 5
1 shall be punishable by a civil penalty of not more than one thousand
2 dollars.
3 S 2. The vehicle and traffic law is amended by adding a new section
4 505-a to read as follows:
5 S 505-A. DUPLICATE AND AMENDED LICENSES AND PERMITS; INTERNET TRANS-
6 ACTIONS. ANY INDIVIDUAL SEEKING A DUPLICATE OR AMENDED LICENSE OR
7 PERMIT, PURSUANT TO SECTION FIVE HUNDRED FIVE OF THIS ARTICLE, THROUGH
8 THE DEPARTMENT'S WEBSITE, SHALL BE REQUIRED TO OBTAIN A PERSONAL IDEN-
9 TIFICATION NUMBER FROM THE DEPARTMENT. SUCH PERSONAL IDENTIFICATION
10 NUMBER SHALL BE SENT TO THE APPLICANT'S REGISTERED ADDRESS WITHIN THREE
11 DAYS TO VERIFY AUTHENTICITY OF THE APPLICANT. THE APPLICANT SHALL THEN
12 PROVIDE ALL INFORMATION REQUIRED BY SECTION FIVE HUNDRED FIVE OF THIS
13 ARTICLE.
14 S 3. This act shall take effect the first of November next succeeding
15 the date on which it shall have become a law; provided, however, that
16 the commissioner of motor vehicles is authorized to promulgate any and
17 all rules and regulations and take any other measures necessary to
18 implement this act on its effective date, on or before such date.
