Creates a social host law prohibiting the permitting of the consumption of alcoholic beverages by persons under the age of twenty-one years

Summary of provisions

Section 1. The alcoholic beverage control law is amended by adding a new section 65-e.

o Prohibits the consumption of alcoholic beverages by any person under the age of twenty-one years on the premises of a private residence.

o Defines the meaning of "Party, gathering or event" and "Permit" for the purpose of this section.

o Provides penalties for a violation of this section of law as it relates to first time (fine not to exceed $500) and multiple offenders (second offense class B misdemeanor, third and subsequent offenses is a class A misdemeanor).

Section 2. Effective date

Justification

According to the National Institute on Alcohol Abuse and Alcoholism by the time they reach the eighth grade, nearly 50 percent of adolescents have had at least one drink, and over 20 percent report having been "drunk". Approximately 20 percent of 8th graders and almost 50 percent of 12th graders have consumed alcohol within the past 30 days. Among 12th graders, almost 30 percent report drinking on 3 or more occasions per month. Approximately .30 percent of 12th graders engage in heavy episodic drinking, now popularly termed "binge" drinking-that is, having at least five or more drinks on one occasion within the past 2 weeks-and it is estimated that 20 percent do so on more than one occasion.

Motor vehicle crashes are the leading cause of death among youth ages 15 to 20. The rate of fatal crashes among alcohol-involved drivers between 16 and 20 years old is more than twice the rate for alcohol-involved drivers 21 and older. Alcohol use interacts with conditions such as depression and stress to contribute to suicide, the third leading cause of death among people between the ages of 14 and 25. In one study, 37 percent of eighth grade females who drank heavily reported attempting suicide, compared with 11 percent who did not drink. Sexual assault, including rape, occurs most commonly among women in late adolescence and early adulthood, usually within the context of a date. In one survey, approximately 10 percent of female high school students reported having been raped. Research suggests that alcohol

use by the offender, the victim, or both, increases the likelihood of sexual assault by a male acquaintance

Moreover, research has associated adolescent alcohol use with high-risk sex (for example, having multiple sexual partners and failing to use condoms). The consequences of high-risk sex also are common in this age group, particularly unwanted pregnancy and sexually transmitted diseases, including HIV/AIDS. According to a recent study, the link between high-risk sex and drinking is affected by the quantity of alcohol consumed.

People who begin drinking before age 15 are four times more likely to develop alcohol dependence at some time in their lives compared with those who have their first drink at age 20 or older. Some evidence indicates that genetic factors may contribute to the relationship between early drinking and subsequent alcoholism. Environmental factors may also be involved, especially in alcoholic families, where children may start drinking earlier because of easier access to alcohol in the home, family acceptance of drinking, and lack of parental monitoring.

For all of these reasons it is imperative that we provide an extra financial deterrent to such actions above the criminal penalties now enumerated.

Existing law

None.

Legislative history

2009-10: Referred to Mental Health & Developmental Disabilities (S.35) 2008: Referred to Mental Health & Developmental Disabilities (S.5518/A.7984) 2007: Passed the Senate (S.5518/A.7984)

Fiscal implications

None.

Effective date

The bill shall take effect on the sixtieth day after it shall have become law.