Gov Murphy Stays Soft on Underage Drinking Laws

Bill targeting underage alcohol possession hits snag, but still expected to become law

by Dana DiFilippo, New Jersey Monitor.

Gov. Phil Murphy conditionally vetoed a bill that would have set new fines for youth alcohol possession, a measure meant to curb underage drinking in Jersey Shore towns that have struggled with rowdy behavior on beaches and boardwalks.

But the bill will still likely become law because legislators in both the Senate and Assembly agreed to Murphy’s requested tweaks on Monday, the last voting day of their 2022-2023 term. A new legislative term began Tuesday.

Legislators agreed to remove $50 fine, which the governor had objected to in a conditional veto

The bill would have allowed police to fine anyone under 21 caught with booze $50 and issue a complaint summons, the equivalent of a disorderly persons offense.

But Murphy said such a fine “runs counter to the progress that this Administration and the Legislature have made in our juvenile justice system.”

“Research indicates that fines and fees do not have a deterrent impact on delinquent behavior, and instead only drive additional contact with the criminal legal system,” especially for kids of color, Murphy wrote.

Possession of alcoholic beverages also shouldn’t be treated more harshly than the possession of cannabis, which is not a fineable offense under the bill, the governor added.

“My Administration strives to alleviate disparate racial and socioeconomic outcomes in the criminal legal system and to address substance use matters with an approach focused on public health,” he wrote.

Murphy urged lawmakers to amend the legislation to remove the fine and complaint summons, and they did so, with the Senate unanimously agreeing to the changes and the Assembly approving the bill by a 66-5 vote.

As amended, the bill would allow police to issue written warnings to anyone under 21 in possession of alcohol and to alert the parents or guardians of those under 18.

Repeat offenders would be provided educational materials and referrals to social services.

It would also prohibit the detention, photographing, and fingerprinting of such lawbreakers, and bar police from taking them to police stations, except in limited circumstances.

Murphy’s modifications gave both the bill’s fans and foes something to celebrate.

Youth justice advocates applauded the removal of fines and summons.

“Instead of pursuing punitive approaches to substance use, we encourage New Jersey lawmakers to invest in evidence-based public health responses that better protect the health and safety of youth and their families,” said Ami Kachalia, campaign strategist for the American Civil Liberties Union of New Jersey.

Marleina Ubel of New Jersey Policy Perspective echoed that sentiment.

“These kinds of fines are not effective and harm those who have least the most,” she tweeted.

Assemblyman Louis Greenwald (D-Camden), one of the measure’s prime sponsors, called the amended bill “a good first step in giving law enforcement some of the tools they need to ensure public safety.”

“This bill has always been about protecting kids — making sure they don’t over-consume alcohol or drive intoxicated,”  Greenwald said.

The bill stems from complaints that a provision in state law lowered the threshold for police officers interacting with juveniles suspected of alcohol possession to be held accountable for violating the juveniles’ civil rights.

This bill would remove that lower threshold and require youth to prove that the officer intentionally intimidated or discriminated against them because of their age, race, or other protected characteristics, a change Murphy endorsed.

“I commend the bill’s sponsors for listening to law enforcement officers who have expressed concerns about the language relating to the deprivation of civil rights,” Murphy said. “Simply put, there was no need to amend the longstanding criteria to establish this criminal offense, and this change and the uncertainty regarding its application has chilled law enforcement officers from interacting with juveniles found in possession of alcohol or marijuana.”

Murphy has until Jan. 16 to sign the amended bill.

GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUBSCRIBE

New Jersey Monitor is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence McDonald for questions: info@newjerseymonitor.com. Follow New Jersey Monitor on Facebook and Twitter.