Underage Drinking Bill Altered

Giving Minors Alcohol Would Net Stiffer Fine, No Criminal Penalty

The Maryland Senate narrowly voted yesterday to impose stiffer civil penalties, but not criminal charges, on adults who hand a drink to someone under 21.

It is illegal in Maryland for anyone but a parent to give alcohol to someone under 21, the legal drinking age. The violation is punishable by a civil fine, though police officers can seek criminal penalties if the underage drinker is younger than 18.

A Carroll County Republican wanted to extend the criminal charges to anyone supplying alcohol to those younger than 21. A violator would have faced fines and up to 60 days in jail under a bill introduced by Sen. Larry E. Haines.

But the measure drew criticism from senators who said that although they took underage drinking seriously, they did not want to effectively criminalize a pastime that is part of college life.

"Maybe you want to issue misdemeanors for every kid at College Park who hands a beer to their friend at a party and give them criminal records," said Sen. Robert A. Zirkin (D-Baltimore County). "We're going to have thousands of new criminals in our midst for giving a 19- or 20-year-old a beer at a party at the University of Maryland after a Terrapins game."

Zirkin proposed instead that the bill be amended to remove the criminal violation but increase civil penalties from $1,000 to $2,500 for a first offense and from $1,500 to $5,000 for a second offense. His proposal was approved 23 to 22 in a preliminary vote on the bill. A final vote will come this week.

Several senators said Zirkin persuaded them that the state would be overreaching with criminal charges. "Have you guys ever gone to a Ravens football game when they're tailgating?" asked Sen. Nathaniel J. McFadden (D-Baltimore). "They have all these tents. Woo!"

Republicans and Democrats fell on both sides of the emotional issue. Sen. Nancy Jacobs (R-Harford) said a close friend of her daughter's in high school died after drinking too much at a party where parents failed to monitor what was going on.

The bill would not apply to bartenders, who are covered by separate laws prohibiting the sale of alcohol to minors.

Haines's bill stalled in a Senate committee last year after a companion measure won broad approval in the House of Delegates. The House has again approved the legislation calling for criminal penalties, which must now be reconciled with the Senate version.

Haines said yesterday that Zirkin's move to soften his bill guts it. "The bill would give judges options on criminal sentencing, which act as a deterrent," he said.

Sen. Delores G. Kelley (D-Baltimore County) said senators would not be considering weakening the bill if they were debating criminal penalties for giving someone marijuana to smoke.

"This is a mind-altering drug that creates more fatalities," Kelley said of alcohol.