Caprio bill closes loophole in alcohol and minors law

STATE HOUSE – When the state enacted law years ago to prohibit individuals from furnishing liquor to minors, the intent was admirable and in keeping with a desire to stop youngsters from drinking.
 
Despite its good intent, the language in the law opened a loophole that legislation from Rep. David A. Caprio (D-Dist. 34, Narragansett, South Kingstown) is trying to close.
 
Current state law prohibits “any person 21 years of age or older” from purchasing, procuring or knowingly furnishing alcohol to minors. It makes no provision, however, for what should happen if a minor manages to obtain liquor and furnishes it to another minor.

 
Representative Caprio’s bill, (2010-H7423), strikes the words “21 years or age or older” and makes it unlawful for “any person” to furnish alcohol to a minor.
The bill was passed recently by the House of Representatives after a spirited, 45-minute debate on the House floor, during which Representative Caprio defended having the law and punishment applied equally regardless of a violator’s age.
 
“We have all seen the tragedies that occur when young people drink,” he said. “And yet, it is not currently illegal for a minor to provide liquor to another minor, who may then get into a car and kill or maim someone on our roads. And rest assured, young people, especially those between the ages of 18 and 21, are going to find a way to beat the system and to get alcohol. And if they provide it to other underage individuals, they should be held liable. Currently, they cannot be.”
 
Representative Caprio addressed those in the chamber who expressed concern that 16-year-olds who may violate the law will be treated as harshly in the courts as 20-year-olds. “The court already has a structure that deals with younger people differently, by referring them to Family Court, where the outcome is likely counseling, where records are sealed and the young person likely will not face a criminal conviction.”
 
The bill has been sent to the Senate for consideration. Co-sponsors include Rep. Edwin R. Pacheco (D-Dist. 47, Burrillville, Glocester), Rep. Eileen S. Naughton (D-Dist. 21, Warwick), Rep. Al Gemma (D-Dist. 20, Warwick) and Rep. Douglas A. Gablinske (D-Dist. 68, Bristol, Warren). An identical Senate bill, 2010-S 2584, has been introduced by Sen. James C. Sheehan (D-Dist. 36, Narragansett, North Kingstown) and is currently before the Senate Committee on Judiciary.
 
Representative Caprio said the bill was introduced with the urging Nancy Devaney of The Narragansett Prevention Partnership, as well as MADD (Mothers Against Drunk Driving) and other similar groups. “In the end, this is about keeping alcohol away from minors and punishing individuals, at whatever age, who would provide alcohol to young people. It’s about saving lives,” he said.