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Bill > S3565


NJ S3565

NJ S3565
Requires law enforcement to provide written notification to parent or guardian of person under age 18 who commits first offense of unlawfully possessing or consuming alcoholic beverage, cannabis, marijuana or hashish.


summary

Introduced
03/18/2021
In Committee
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill provides that if a person under the age of 18 violates the law by possessing or consuming an alcoholic beverage, cannabis item, marijuana, or hashish and receives a written warning from a law enforcement officer, the law enforcement officer would also be required to provide a written notice to the parent, guardian, or other person having legal custody of the minor. P.L.2021, c.25 established certain consequences for persons under the legal age to purchase alcoholic beverages, or under the legal age to purchase cannabis items, who possess or consume an alcoholic beverage, cannabis item, marijuana, or hashish. These consequences include, for a second or third violation where the person is under age 18, a notification to the minor's parent, guardian, or other person having legal custody of the minor. However, P.L.2021, c.25 does not provide that a parent, guardian, or other person having custody would be notified about the minor's first violation. This bill would require such notice. The bill also makes amendments to paragraph (3) of subsection a. to provide that a person under the legal age to purchase alcoholic beverages or cannabis items who is in violation for possessing or consuming an alcoholic beverage, marijuana, hashish, or a cannabis item shall not be transported to a police station, police headquarters, or other place of law enforcement operations, and shall not otherwise be subject to detention or be taken into custody by a law enforcement officer at or near the location where the violation occurred, except to the extent that detention or custody at or near the location is required to issue a written warning or write-up, collect the information necessary to provide notice of a violation to a parent, guardian or other person having legal custody of the underage or make referrals for accessing community services.

AI Summary

This bill requires law enforcement to provide written notification to the parent, guardian, or other person having legal custody of a person under the age of 18 who commits their first offense of unlawfully possessing or consuming an alcoholic beverage, cannabis item, marijuana, or hashish. The bill also makes amendments to allow for limited detention or custody of the underage person at or near the location of the violation, only to the extent necessary to issue a written warning, collect information to provide notice to the parent/guardian, or make referrals for community services. The bill establishes procedures for maintaining and destroying records related to these violations to protect the confidentiality of the individuals involved.

Sponsors (15)

Last Action

Substituted by A5472 (3R) (on 03/25/2021)

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