|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 16, 2013||referred to judiciary|
senate Bill S2334
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2334 - Details
S2334 - Summary
Extends dram shop liability to cover persons who sell forms of false identification to persons under 21 years of age who cause injury or damages while intoxicated or whose ability is impaired.
S2334 - Sponsor Memo
BILL NUMBER:S2334 TITLE OF BILL: An act to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of alcoholic beverages to a person under the age of twenty-one years PURPOSE OR GENERAL IDEA OF BILL: Extends dram shop liability to cover persons who knowingly sell numerous false identifications to persons less than 21 years of age. SUMMARY OF SPECIFIC PROVISIONS: Section 1: adds a new paragraph (b) to section 11-100(1) of the General Obligations Law providing that any third party injured as the result of the intoxication or impairment of ability of any person under the age of 21 years shall have a right of action against any person or entity that produced or sold more than ten false identifications to minors which were used to obtain or procure alcoholic beverages that led to the intoxication of the individual causing the injury. Under proposed section 11-100 (1) (b), specific knowledge by the producer and seller of the fake identification that the minor procured alcoholic beverages with the identification is not necessary, as it is reasonably expected that when an identification is sold misrepresenting a minor's age, it could be used for illegal purposes.
S2334 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2334 2013-2014 Regular Sessions I N S E N A T E January 16, 2013 ___________ Introduced by Sens. KLEIN, ADAMS, ADDABBO, BRESLIN, DIAZ, DILAN, HASSELL-THOMPSON, MONTGOMERY, PARKER, PERKINS, SAMPSON, SAVINO, SERRA- NO, SMITH, STAVISKY, STEWART-COUSINS, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of alcoholic beverages to a person under the age of twenty-one years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 11-100 of the general obligations law, as amended by chapter 274 of the laws of 1985, is amended to read as follows: 1. Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether result- ing in his OR HER death or not, shall have a right of action to recover actual damages against: (A) any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such INTOXICATED OR IMPAIRED person with know- ledge or reasonable cause to believe that such person was under the age of twenty-one years[.]; OR (B) ANY PERSON OR ENTITY THAT DISTRIBUTES OR MANUFACTURES MORE THAN TEN FALSE IDENTIFICATION CARDS OR OTHER FORGED INSTRUMENTS, AS SUCH TERM IS DEFINED IN SECTION 170.00 OF THE PENAL LAW, WHICH MISREPRESENTS THE AGE AND/OR IDENTITY OF ANY PERSON, AND KNOWINGLY SELLS SUCH CARDS OR INSTRUMENTS TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, AND WHICH ARE USED TO UNLAWFULLY PROCURE ALCOHOLIC BEVERAGES THAT CAUSE OR CONTRIBUTE TO SUCH OTHER PERSON'S INTOXICATION OR IMPAIRMENT OF ABILITY. ACTUAL KNOWLEDGE OF THE SPECIFIC PROCUREMENT OF THE ALCOHOLIC BEVERAGES THAT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00977-01-3
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