Increases the community service requirements for underage purchase of alcoholic beverages

BILL NUMBER:S4101A

Title of bill

An act to amend the alcoholic beverage control law, in relation to increased community service requirements for the purchase or attempt to purchase an alcoholic beverage by a person under twenty-one years of age

Purpose or general idea of bill

Stiffens and modernizes the penalties for minors who purchase or attempt to purchase alcohol. Also creates parity between New York and neighboring states, but retains judicial discretion and flexibility.

Summary of specific provisions

Section 1- Increases first offense penalties found in subdivision 3 of section 65-b of the Alcohol Beverage Control Law for using a fake ID to 30 hours community service, and the Court may include an alcohol awareness program. Second offense raises it up from 30 hours community service to 60 hours community service; the court shall order alcohol awareness. For a third and later violations, it increases penalty from 30 hours community service up to 90 hours community service; court shall order an evaluation by a Program licenses by OASAS.

Justification

Use of false identification is a societal, pervasive problem and an important front in the fight against underage drinking.

The struggle to restrict access to alcohol by those under the legal purchase age must take many forms. This legislation takes aim at one tool being used by underage drinkers which is the use of false identifications, or fake IDs. These false identifications have gone much further than "chalking" or borrowing another person's identification and now many websites and businesses will sell identification which is extremely difficult to differentiate from authentic documentation. This poses a number of problems and risks, the brunt of which has been shouldered by businesses in New York while neighboring states have taken the issue far more seriously.

Modern fake IDs are notoriously difficult to detect, open the door to identity theft, and are not taken seriously enough by our laws. Fake IDs are created by businesses, often overseas, which take individuals' information, make a nearly-undetectable fake ID, and then turn around and sell the information to unscrupulous parties. The young people who go through this process are unaware of the risks they are taking by buying fake IDs in this manner. They are also unaware of the liability they are imposing on businesses which are diligent in checking IDs, but unable to detect these fakes after taking reasonable precautions.

This legislation matches the severity and risks that modern fake IDs are imposing. It catches New York up to the penalties of neighboring states such as New Jersey and Connecticut and shifts some of the risk and responsibility to deter the youth who use fake IDs.

Prior legislative history

S.7128 of 2012, Reported to Senate Finance

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.