BILL NUMBER:S628A

TITLE OF BILL:
An act
to amend the alcoholic beverage control law, in relation to permitting
the consumption of alcoholic beverages by persons under the age of
twenty-one

PURPOSE:
Prohibits 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.