SENATE LAW AND PUBLIC SAFETY AND VETERANS' AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No. 2748

STATE OF NEW JERSEY

DATED: MAY 4, 2009

      The Senate Law and Public Safety and Veterans' Affairs Committee reports favorably Senate Bill No. 2748.

      This bill would establish “9-1-1: Lifeline Legislation,” to grant immunity to underage drinkers who unlawfully consume or possess alcoholic beverages, whether on public or private property, if they call for medical assistance for another underage person who has consumed alcoholic beverages.  The bill also provides immunity to an underage person who receives such medical assistance.

      Under current law, a person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage on public property is guilty of a disorderly persons offense. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both.  If the offense is committed in a motor vehicle, the offender’s driver’s license is also suspended for six months.

      Current law also authorizes municipalities to enact ordinances to make it an offense for underage persons to possess or consume alcoholic beverages on private property.  A violation of such a municipal ordinance is punishable by a fine of $250 for a first offense and a fine of $350 for subsequent offenses.  The court also may suspend the offender’s driver’s license for six months.

      Under the bill, an underage person and one or two other persons are immune from prosecution under these underage drinking laws if:

      (1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption;

      (2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator;

      (3) the underage person was the first person to make the 9-1-1 report; and

      (4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the

9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene.

      The bill also provides immunity for the underage person who receives medical assistance.

      The bill is modeled after Colorado’s statute providing immunity for underage possession or consumption of alcoholic beverages if the underage person calls for medical assistance under the conditions set forth in the bill.

      In introducing this legislation, it is not the sponsor's intent to condone the use of alcohol by underage persons.  This bill was introduced in response to incidents of excessive drinking by underage persons and creates the opportunity to save young persons whose lives are imperiled as a result of severe intoxication.