Senate Bill S5460

2009-2010 Legislative Session

Relates to unlawful permission of the consumption of alcoholic beverages by a person who is less than 21 years old

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
May 07, 2009	referred to codes

2009-S5460 (ACTIVE) - Details

See Assembly Version of this Bill:: A7952
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §260.23, Pen L

2009-S5460 (ACTIVE) - Summary

Relates to unlawful permission of the consumption of alcoholic beverages by a person who is less than 21 years old.

2009-S5460 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5460

 TITLE OF BILL :

An act to amend the penal law, in relation to unlawfully permitting
the consumption of alcoholic beverages by a person less than
twenty-one years old


 PURPOSE :

This bill would establish the violation of unlawfully permitting the
consumption of alcoholic beverages by a person less than 2 I years
old.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a new Penal Law § 260.23 to prohibit a
person over the age of 18 from unlawfully permitting alcohol
consumption by any person under the age of 21 during a social
occasion, party or event taking place on property such person owns,
leases, or otherwise controls. This section also provides that
violators must attend an alcohol awareness program approved by the
Office of Alcoholism and Substance Abuse Services (OASAS). In
addition, this section provides that this bill will not be deemed to
preempt any local government from enacting and enforcing a local law

or ordinance containing more restrictive requirements.

Section 2 of the bill would provide for an effective date of 60 days
after enactment.

 EXISTING LAW :

Currently there is no existing New York State law providing for social
host liability. However, a number of localities and several counties
have passed social host legislation.

 LEGISLATIVE HISTORY :

A bill containing similar provisions was introduced in the 2008
session (A.10813A/S.7577-A), passed the Senate and was referred to the
Assembly Codes Committee.

 STATEMENT IN SUPPORT :

Social gatherings at private premises where alcoholic beverages are
served to or consumed by persons under age 21 often have harmful
consequences for young people and threaten the public welfare, health
and safety. In response to the devastating consequences of underage
drinking, such as traffic crashes and fatalities, sexual assault and
other forms of violence, local governments have begun enacting
strategies to reduce underage consumption. In particular, social host
liability laws target the location in which underage drinking takes
place.

A 2005 survey of teenagers aged 13 to 18 conducted by the American
Medical Association (AMA) found that nearly half of teenagers surveyed
reported having obtained alcohol; two out of three teenagers said that
it was easy to get alcohol from their homes without their parents
knowledge; one-third of teenagers reported that it was easy to obtain
alcohol from their own consenting parents; two out of five teenagers
said that it was easy to obtain alcohol from a friend's parents; and
one in four teenagers responded that they had attended a party where
minors were drinking in front of parents.


Establishing this violation would provide consistency across
localities and create . an important tool necessary to combat underage
drinking and its devastating effects.

 BUDGET IMPLICATIONS :

This proposal has no fiscal implications.

 EFFECTIVE DATE :
This bill would take effect 60 days after enactment.

2009-S5460 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5460

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 7, 2009
                               ___________

Introduced by Sen. SCHNEIDERMAN -- (at request of the Office of Alcohol-
  ism  and  Substance Abuse Services) -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to unlawfully permitting  the
  consumption  of  alcoholic  beverages by a person less than twenty-one
  years old

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding a new section 260.23 to
read as follows:
S 260.23 UNLAWFULLY PERMITTING THE CONSUMPTION OF ALCOHOLIC BEVERAGES BY
           A PERSON LESS THAN TWENTY-ONE YEARS OLD.
  A PERSON IS GUILTY OF UNLAWFULLY PERMITTING THE CONSUMPTION  OF  ALCO-
HOLIC BEVERAGES BY A PERSON LESS THAN TWENTY-ONE YEARS OLD WHEN:
  1. HE OR SHE IS OVER THE AGE OF EIGHTEEN AND OWNS, RENTS OR CONTROLS A
PRIVATE  RESIDENCE  AND  KNOWINGLY  PERMITS THE CONSUMPTION OF ALCOHOLIC
BEVERAGES BY A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OLD WHO IS PRES-
ENT AT A PARTY, GATHERING OR EVENT AT SUCH PRIVATE RESIDENCE.
  2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  (A)  "CONTROL"  MEANS THE AUTHORITY AND AN ABILITY TO REGULATE, DIRECT
OR DOMINATE.
  (B) "PARTY, GATHERING OR EVENT"  SHALL  MEAN  THREE  OR  MORE  PERSONS
ASSEMBLED FOR A SOCIAL OCCASION OR ACTIVITY.
  (C)  "PERMIT"  SHALL  MEAN  FAILING  TO  TAKE REASONABLE CORRECTIVE OR
PREVENTIVE ACTION, INCLUDING, BUT NOT LIMITED TO: (I)  MAKING  A  PROMPT
DEMAND  THAT  ANY  PERSON  WHO  IS LESS THEN TWENTY-ONE YEARS OLD EITHER
FORFEIT AND REFRAIN FROM FURTHER CONSUMPTION OF ALCOHOLIC  BEVERAGES  OR
MAKING  APPROPRIATE  ARRANGEMENTS  FOR THE SAFE DEPARTURE OF SUCH PERSON
FROM THE PREMISES, OR (II) IF SUCH PERSON WHO IS  LESS  THAN  TWENTY-ONE
YEARS  OLD  FAILS  TO  COMPLY  WITH SUCH DEMAND, PROMPTLY REPORTING SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07410-03-9

S. 5460                             2

ILLEGAL CONSUMPTION OF ALCOHOL BY A PERSON LESS  THAN  TWENTY-ONE  YEARS
OLD  TO  THE  LOCAL LAW ENFORCEMENT AGENCY OR TO ANY OTHER PERSON HAVING
AUTHORITY OVER THE CONDUCT OF SUCH PERSON.
  (D) "PRIVATE RESIDENCE" MEANS ANY HOME, APARTMENT, CONDOMINIUM, CO-OP-
ERATIVE UNIT OR OTHER DWELLING UNIT OF ANY KIND.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE POSSESSION OR
CONSUMPTION OF AN ALCOHOLIC BEVERAGE BY PERSONS LAWFULLY PERMITTED TO DO
SO  PURSUANT  TO  SECTION SIXTY-FIVE-C OF THE ALCOHOLIC BEVERAGE CONTROL
LAW, OR ANY OTHER APPLICABLE LAW.
  4. THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO  PREEMPT  ANY
LOCAL  GOVERNMENT FROM ENACTING AND ENFORCING ANY LOCAL LAW OR ORDINANCE
WHICH IS MORE RESTRICTIVE THAN THE PROVISIONS OF THIS SECTION.
  5. IN ADDITION TO ANY FINE OR IMPRISONMENT, PERSONS DETERMINED  TO  BE
IN VIOLATION OF THIS SECTION SHALL BE REQUIRED TO ATTEND AND COMPLETE AN
ALCOHOL  AWARENESS  PROGRAM  APPROVED  BY  THE  OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES.
  UNLAWFULLY PERMITTING THE CONSUMPTION  OF  ALCOHOLIC  BEVERAGES  BY  A
PERSON LESS THAN TWENTY-ONE YEARS OLD IS A VIOLATION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S5460

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S5460 (ACTIVE) - Details

2009-S5460 (ACTIVE) - Summary

2009-S5460 (ACTIVE) - Sponsor Memo

2009-S5460 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric T. Schneiderman

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2009-S5460 (ACTIVE) - Details

2009-S5460 (ACTIVE) - Summary

2009-S5460 (ACTIVE) - Sponsor Memo

2009-S5460 (ACTIVE) - Bill Text download pdf

Comments