In The NewsState Bill Targets Flaw In Social Host Law
Originally printed in The Westerly Sun
Saturday, June 14, 2008PROVIDENCE - If the state Senate agrees, it won't matter if underage drinkers are consuming alcohol on their parents' front porch, backyard or deck. If they are found to be drinking anywhere, adults who allow underage drinking on their property could be prosecuted under a proposed change to the state's 'social host' law.
The House of Representatives approved the bill this week, which is now before the Senate Committee on Judiciary.
"Closing loopholes like this is a big step [forward] in holding parents accountable and keeping kids safe," said Mary Lou Serra, chief of the Westerly Substance Abuse Task Force.
Under the so-called 'social host' law enacted in 2006, adults who allow underage drinking parties to be held in their homes can face criminal charges. That law added language to an existing statute, which enhanced the ability of law enforcement to charge adults who provide alcohol to minors.
The major change in the law approved in the House - Current law only targets indoor drinking bill resulted from an incident last July, when Barrington police responded to a loud party in the backyard of a home during early morning hours. What they found were a number of youths - most, if not all, of them under 18 - with a small keg of beer, beer bottles and other evidence of alcohol consumption.
It was then that a flaw in the law was uncovered: police said that while they proceeded with action against the youths they encountered, they held off from charging the owner of the home because the underage drinking occurred not inside the home, but rather, in the yard. Police were advised by the state Office of the Attorney General that, as a result, charges against the adult homeowners could not be sustained.
The legislation addresses that issue by extending the reach of the law to make adults liable for underage drinking anywhere on their property, not just within the confines of a house.
The bill's approval in the House comes two weeks after a Stonington minister was charged by police there under Connecticut's 'social host' law.
The Rev. Mark Robinson is the Episcopal priest charged by Stonington Police under Connecticut's social host law for holding a party that resulted in two teenage girls being treated for alcohol intoxication, and where police reportedly found a large quantity of alcohol. More than 30 partygoers fled into nearby woods when authorities arrived.
In June of 2006, the Connecticut state legislature passed its social host law, which subjects adults that host house parties and their guests to fines, arrest and prosecution if there are underage teens in possession of alcohol.
Locally, a mother of a teenaged girl in Westerly was charged under the social host law after an April police raid on her Rock Ridge Road home, where scores of teens - nearly all underage - were found to be drinking. Kim Read was charged with misdemeanor procuring alcohol for minors. The case is pending in Washington County court.
The proposed changes to the law also increase the penalties associated with procuring alcohol for minors. A first offense would still carry a fine of between $350 and $1,000 and/or imprisonment of up to 6 months. For a second offense, the fine would remain between $750 and $1,000, but imprisonment would be increased from six months to one year. For a third or subsequent offense, which would be considered a felony, punishment is a fine of between $1,200 and $2,500 and imprisonment of up to three years, up from the current one year.
Also included in the bill: ? Individuals under the age of 21 who possess and use fake identification cards in an attempt to purchase liquor could be fined between $100 and $500, be assigned 30 hours of community service and have their license suspended for 30 days. A second offense would carry a fine of between $500 and $750, 40 hours of community service and loss of license for 90 days. Athird or subsequent offense would carry a fine of between $750 and $1,000, 50 hours of community service and loss of license for one year.
Individuals who manufacture and provide fake IDs to underage individuals would face a fine of $500 per fake ID for a first offense, a fine of $1,000 per incident for a second offense and a fine of $2,000 for a third or subsequent offense. ? The bill addresses simple possession of alcohol by a minor, and the transportation of alcohol by a minor. As proposed, individuals under 21 in possession of alcohol could face a fine of $150 to $750 for a first offense, $300 to $750 for a second offense and $450 to $950 for a third offense.
In addition, the penalty for possession by a minor would include 30 hours of community service and a license suspension for a minimum of 60 days. Anyone picked up on a second offense could also be required to undergo a substance abuse treatment program.
Drivers under 21 would also face new penalties for transporting alcohol in a vehicle. A first offense would impose a $250 fine and 30day license suspension; a second offense would impose a $500 fine and 90-day license suspension; and a third offense would impose a $950 fine and one-year license suspension. Excluded would be young drivers who must transport alcoholic beverages as part of their employment (such as delivery truck drivers).