SENATE DOCKET, NO. 602        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 178

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act to reduce the furnishing or procuring of alcohol to a minor by an adult.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 34 of Chapter 138 of the General Laws is hereby amended by adding after the word “both” in line 17 the following phrase: - “A conviction or an admission of sufficient facts to a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court.  Upon receipt of such notice, the registrar shall thereupon suspend for not less than 60 days and not more than two years the violators license or right to operate a motor vehicle; provided further that any person whose license is terminated under this section may apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be valid for a period of not more than one year, and which shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of one year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary.  Persons serving or distributing alcoholic beverages pursuant to sections 12 and 15 pf chapter 138 of the General Laws shall not be subject to the provisions of this act.

SECTION 2.  Section 34D of Chapter 138 of the General Laws is hereby amended by adding, after the word “alcohol” in line 7, the following: -

“and the penalties set forth in Section 34 of this chapter for the sale, delivery or furnishing of alcoholic beverages to persons under the age of 21.”