LEGISLATIVE FISCAL ESTIMATE
[Third Reprint]
ASSEMBLY, No. 5610
STATE OF NEW JERSEY
220th LEGISLATURE
DATED: JULY 6, 2023
SUMMARY
Synopsis: Revises penalties for possession or consumption of alcoholic
beverages by underage persons.
Type of Impact: Annual State and Local Revenue Gain.
Annual State Expenditure Increase.
Agencies Affected: Department of Law and Public Safety; The Judiciary; State, County,
and Municipal Law Enforcement Agencies.
Office of Legislative Services Estimate
Fiscal Impact Annual
Annual State and Local Revenue Increases Tens of Thousands
Annual State Expenditure Increase Negligible
 The Office of Legislative Services (OLS) anticipates that the bill will increase combined State,
county, and municipal revenues resulting from the collection of fines from violations of
underage alcohol possession or consumption by tens of thousands of dollars annually.
Additionally, the OLS anticipates negligible annual combined State, county, and municipal
expenditure increases due to revised law enforcement responsibilities and data collection
requirements.
 The bill establishes a violation on a complaint-summons and a fine of $50. Additionally, if the
violation is by a person under 18 years of age, a written notification is required to be provided
to the parent, guardian, or other person having legal custody of the underage person.
 This bill requires the Attorney General in the Department of Law and Public Safety to make
certain variations in the biannually issued report detailing certain statistics reported by local
law enforcement agencies.
Office of Legislative Services Legislative Budget and Finance Office
State House Annex Phone (609) 847-3105
P.O. Box 068 Fax (609) 777-2442
Trenton, New Jersey 08625 www.njleg.state.nj.us
 FE to A5610 [3R]
2
BILL DESCRIPTION
This bill revises the penalties for the possession or consumption of alcoholic beverages by
underage persons.
Under current law, any person under the legal age to purchase alcoholic beverages or cannabis
items who possesses or consumes alcoholic beverages or cannabis items, marijuana, or hashish in
any school, public conveyance, public place, place of public assembly, or motor vehicle is subject
to certain consequences, including a written warning or write-up, as appropriate, by a law
enforcement officer to the underage person, and, if the person is under 18 years of age, to the
person’s parent, guardian, or other person having legal custody of the underage person. For certain
violations, the law enforcement officer is also to provide informational materials regarding
community services that will assist the person with opportunities to access social services. Finally,
current law provides that the officer is also to take possession of any alcoholic beverage, marijuana,
hashish, or cannabis item and any drug or cannabis paraphernalia as part of the process for the
issuance of a written warning or write up.
Under this bill, any person under the legal age to purchase alcoholic beverages who knowingly
possesses without legal authority or who knowingly consumes any alcoholic beverage in any
school, public conveyance, public place, place of public assembly, or motor vehicle is to be
charged with a violation on a complaint-summons and subject to a fine of $50. If the violation is
by a person under 18 years of age, a written notification is required to be provided to the parent,
guardian, or other person having legal custody of the underage person. The bill provides that a
violation of this provision does not constitute delinquency under current law. The bill also
provides that a law enforcement officer is required to take possession of any alcoholic beverages
from the person who committed the violation.
In addition, under current law, the Attorney General is to biannually issue a report detailing
the number of occurrences and other statistics concerning first, second, third, and subsequent
violations involving the possession or consumption of alcoholic beverages, marijuana, hashish, or
cannabis items by underage persons; the municipal, county, or other geographic areas within which
first, second, third, and subsequent violations occur; and the law enforcement agencies involved
in first, second, third, and subsequent violations, covering the previous six-month period.
This bill makes clarifying changes regarding the information that the Attorney General’s report
is required to contain for violations for the possession or consumption of alcoholic beverages by
underage persons as these persons would no longer be issued first, second, third, and subsequent
violations under the bill.
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS anticipates that the bill will increase State, county, and municipal revenues annually
resulting from the collection of fines from violations of underage alcohol possession and
consumption. Additionally, the OLS anticipates negligible annual combined State, county, and
municipal expenditure increases due to revised law enforcement responsibilities and data
collection requirements.
 FE to A5610 [3R]
3
Annual State, County, and Municipal Revenue Increases - The bill establishes a violation on
a complaint-summons and a fine of $50. The OLS estimates that the combined revenue increase
to the State, counties, and municipalities may be in the tens of thousands of dollars annually based
on 2019 statistics. According to media reports, the State Judiciary reported that in 2019 the police
issued 1,322 charges for underage drinking across the State to those 18 to 20 years old, but the
courts dismissed 533 charges. If the $50 fine were in effect in 2019 this would have resulted in
the collection of $26,000 in fine revenue. The OLS notes that if the violation is by a person under
18 years of age, a written notification is required to be provided to the parent, guardian, or other
person having legal custody of the underage person.
Annual State Expenditure Increases - This bill requires the Attorney General in the
Department of Law and Public Safety to make certain variations in the currently required
biannually issued report detailing certain statistics reported by local law enforcement agencies.
The OLS estimates that these increases, if any, will be negligible.
Section: Law and Public Safety
Analyst: Kristin Brunner Santos
Lead Fiscal Analyst
Approved: Thomas Koenig
Legislative Budget and Finance Officer
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the
failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).


Statutes affected:
Introduced: 2C:33-15, 2C:33-15.1, 2A:4A-23