The New York State Senate recently passed a series of legislation co-sponsored by Senator Charles J. Fuschillo, Jr. that would increase sanctions to prevent underage drinking, and increase penalties for the crime of hazing.
"Our children today face many difficult challenges that only become exacerbated when they engage in senseless activities such as hazing and underage drinking," Fuschillo said. "This legislation would continue our efforts to stop young people from participating in these dangerous behaviors."
Co-sponsored by Fuschillo, this legislation would raise penalties for hazing in the first and second degree, and create the new offense of hazing in the third degree. This was in response to a Plattsburgh State University student who, while pledging a fraternity in March, died as a result of being forced to funnel large amounts of water until he vomited a number of times. His autopsy showed that he died from brain swelling due to water intoxication. The district attorney involved in this case brought insufficient charges upon the 11 fraternity members because the penalties under current hazing laws are only considered a misdemeanor or a violation. This legislation would assist prosecutors in filing charges that are appropriate for the crime.
"While hazing is illegal in New York State, the penalty for a Class A misdemeanor doesn't reflect the serious and sometimes deadly nature of these types of crimes," Fuschillo said. "I hope that increasing the penalties for hazing will deter students from engaging in these dangerous activities."
The Senate passed the Keg Registration Bill, which would require beer kegs to be clearly marked with an identification label or tag, allowing law enforcement to track down the purchasers of kegs found at underage parties. Any person in possession of a keg without a label or tag would face a fine of up to $400.
According to Fuschillo, the Keg Registration Bill would also require a $75 keg registration deposit in addition to the current price of the keg. If the keg is returned with the label or tag intact and not damaged, then the deposit is returned to the purchaser. If the keg label or tag is missing or damaged, then the purchaser forfeits the registration deposit.
Complementing the Keg Registration Bill is legislation co-sponsored by Senator Fuschillo that would create the crime of unlawfully providing a child with large quantities of alcohol. The legislation defines 'large quantities' as 5 gallons or more of beer or wine, and 3 liters or more of liquor.
In addition, the Senate also passed legislation that would allow a court to suspend the license of a person who buys alcoholic beverages for a person under the age of 21 for six months for the first violation, or one year for a second or subsequent violation. Legislation was also passed that would increase the length of suspension of a driver's license for a person who illegally purchases or attempts to illegally purchase an alcoholic beverage from three months to six months for the first offense, and from six months to one year for a second or subsequent violation.
"These are very important pieces of legislation that would go a long way towards ending the problem of underage drinking and the horrible consequences that we have become too familiar with," Fuschillo said. "Increasing the penalties for those who illegally purchase alcohol sends the message that we are serious about protecting our children by cracking down on underage drinking."
Additional legislation was passed that would extend the current provisions to 2006, that allow a premises licensed to sell alcoholic beverages to use a scanner in order to check the validity of a person's age on an ID.
The final piece of the legislative package designed to curb underage drinking would impose driver's license suspensions upon persons under the age of 21 years who fail to pay fines for the unlawful possession of an alcoholic beverage with the intent to consume.
The New York State Senate passed a bill last month by Senator Fuschillo to enhance homeland security on planes and at airports. According to Fuschillo, the legislation would establish the offense of impersonating a pilot or a member of a flight ground crew as a Class A misdemeanor. Anyone at an airport falsely wearing the uniform of a pilot or ground crew member, or possessing identification that wrongly identifies them as such, would be subject to a criminal penalty.
"Studies have shown that people often accept the authority of a person in uniform without question, which presents a problem if the person wearing a uniform is doing so fraudulently," Fuschillo said. "In the current climate of heightened security nationwide, it is imperative that we impose strict penalties on those who impersonate legitimate law enforcement and airport personnel."
This legislation is the latest of several bills sponsored by Fuschillo that increase homeland security and counter-terrorism measures in New York State. In May, the Senate passed a bill sponsored by Fuschillo that established the crime of misrepresenting one's identity to gain access to a transportation facility, and classified the theft of police or fire department identification as a grand larceny. The Senate also recently passed a legislative package establishing the crimes of agri-terrorism and cyber-terrorism.