Increase penalties for the use of a fake ID and requires a pin from the DMV to obtain a duplicate or amended license via the internet

Title of bill

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

Purpose

Increase penalties for the use of a fake ID and requires a PIN from the DMV to obtain a duplicate or amended license via the internet.

Summary of provisions

Section 65b of the alcoholic beverage control law is amended to include Section 65b, subdivision 3(c) adding that a third violation is punishable by a fine not less than $750 and not more than $2,500 or by imprisonment for not more than 12 months, or by both the fine and imprisonment. The court may also order an alcohol awareness program.

Section 65b, part 6 is amended to include that for a person who violates subdivision 3 of this section, the court may impose a suspension of the person's driver's license for one year or until the holder reaches the age of 21, whichever is a longer period of time.

The vehicle and traffic law is amended by adding Section 505a which states that any individual seeking a duplicate permit or license through the DMV website will be required to obtain and PIN from the department which will then be sent to the applicant's registered address within three days to verify authenticity when applying for a license or permit online.

Existing law

Currently, the penalties for using a fake ID underage include small fines, community service, and alcohol treatment programs. In order to apply for a new license online, one must only provide one's name, address, and social security number.

Justification

At the current time, underage drinking in New York State is an issue that must be curtailed. Individuals who use fake Ids are not subject to penalties that correspond to the gravity of their actions. The threat of higher fines, imprisonment, and the suspension of a person's license for at least one year will provide young people with the incentive to not use false identification.

In addition, it is currently too easy to order a new license over the internet With a credit card, name, and social security number an individual who is 21 years or older can easily. assist a younger friend or sibling in accessing a fake ID. In addition, if this information is stolen, a PIN provides an extra barrier to prevent underage individuals from being able to obtain a new, false license.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect the first November next succeeding the date on which it shall have become law; provided, however·, that the amendments to section 65b of the ABC law made by section one of this act shall be subject to the expiration and reversion of such section pursuant to section 4 of chapter 519 of the laws of 1999, as amended, when upon such date the provisions of section two of this act shall take effect; provided, further, that the commissioner of motor vehicles is authorized to promulgate any and all rules and regulations and take any other measures necessary to implement this act on its effective date, on or before such date.