ASSEMBLY, No. 2527
STATE OF NEW JERSEY
INTRODUCED DECEMBER 5, 1996
By Assemblyman BARNES, Assemblywoman BUONO, Assemblymen Zisa, Wisniewski and Assemblywoman Friscia
An Act concerning possession and consumption of alcoholic beverages by underage persons and amending P.L.1979, c.264.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1979, c.264 (C.2C:33-15) is amended to read as follows:
1. a. Any person under the legal age to purchase alcoholic beverages who [knowingly possesses], without legal authority, knowingly possesses or [who] knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00. For the purposes of this section, "public place" means any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
b. [Whenever this offense is committed in a motor vehicle, the] The court shall, in addition to the sentence authorized for [the] this offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.
If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
c. A person who violates the provisions of this section shall be ordered by the court to perform community service for a period of not more than 180 days. The community service so ordered shall be of a form and on terms as the court shall deem appropriate for the circumstances. All fines imposed upon persons who violate the provisions of this section shall be paid to the probation office of the county wherein the community service shall be performed and shall be used exclusively to defray the cost incurred by the probation office, agency, local governmental unit, or individual assigned supervisory responsibility for that violator's community service. In addition [to the general penalty prescribed for a disorderly persons offense], the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.
d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually engaged in the performance of employment [pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26] by a person who is licensed under Title 33 of the Revised Statutes; however, this subsection shall not be construed to preclude the imposition of a penalty under this section, R.S.33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.
(cf: P.L.1991, c.169, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill amends section 1 of P.L.1979, c.264 (C.2C:33-15), which prohibits the possession and consumption of alcoholic beverages by underage persons in certain public places, to provide additional sanctions. Currently, violators of this section are guilty of a disorderly persons offense. A disorderly person's offense is punishable by a fine of not more than $1,000 (the section specifies, however, that in this case the fine may not be less than $500), imprisonment for a term of not more than six months, or both.
Under this bill, a violator also would be required to perform up to 180 days of community service and his driving privileges would be suspended or postponed for a period of six months, depending upon his age at the time of the offense. Currently, the court may impose such a suspension or postponement only if the offense took place in a motor vehicle. This section retains court authority to require offenders to participate in an alcohol education or treatment program.
The bill includes an exemption for underage persons who are employed by alcoholic beverage licensees.
Suspends driver's license for possession or consumption of alcoholic beverages on public property by persons under 21.