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.