A bill intended to bring some relief to shore communities plagued by summer crowds of rowdy juveniles who use alcohol freely was conditionally vetoed by Gov. Phil Murphy. The bill would have established $50 fines for underage possession of alcohol and allowed police to issue a complaint summons, the equivalent of a disorderly persons offense.
Murphy’s veto letter said that a fine “runs counter to the progress that this administration and the Legislature have made in our juvenile reform system.” He added: “Research shows that fines and fees do not have a deterrent impact on delinquent behavior.”
Murphy further stated that the penalties in the bill would drive “additional contact with the criminal legal system,” which he says is especially problematic for “kids of color.”
Murphy’s conditional veto forced the Legislature, which passed the bill easily, to remove the fine and the ability for police to issue the complaint summons. The Legislature complied.
The revised bill allows police to issue written warnings to those under 21 in possession of alcohol. For those under 18, police would be able to alert parents or guardians. Repeat offenders will be provided with educational materials and/or be referred to social services programs. Police would still be prohibited from detaining, photographing and fingerprinting such individuals.
The revised version passed on Monday, Jan. 8, the last day before the end of the legislative session. The Senate vote was unanimous; the Assembly passed the bill by a vote of 65 to 5.
Murphy’s veto message said his administration seeks to “alleviate disparate racial and socioeconomic outcomes in the criminal justice system.” He added that the state should address substance abuse with “an approach focused in public health.”
Supporters of the bill did have a victory with its passage: It contained a provision police wanted limiting the circumstances under which an officer can be charged with depriving juveniles of their civil rights.
The state Police Benevolent Association had pushed for removing aspects of a 2021 law that put police officers at greater risk of criminal charges when interacting with juveniles engaged in underage use of alcohol or marijuana.
The governor’s veto message 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.”
The revised bill removes a lower threshold of criminal liability imposed in 2021 on officers who interact with juveniles suspected of alcohol possession. The bill restores the requirement that juveniles must prove that an officer intentionally intimidated or discriminated against them because of their age, race or other protected attribute.
Contact the author, Vince Conti, at vconti@cmcherald.com.
