Bill Text: HI SB2474 | 2010 | Regular Session | Introduced
Bill Title: Intoxicating Liquor; Minors; Immunity From Prosecution
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed - Dead) 2010-03-18 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD/CPC with none voting no (0) and Cabanilla, Finnegan, Manahan, M. Oshiro excused (4). [SB2474 Detail]
Download: Hawaii-2010-SB2474-Introduced.html
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THE SENATE |
S.B. NO. |
2474 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INTOXICATING LIQUOR VIOLATIONS INVOLVING MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 281-101.5, Hawaii Revised Statutes, is amended to read as follows:
"§281-101.5 Prohibitions involving minors; penalty. (a) Any adult who provides or purchases liquor for consumption or use by a person under twenty-one years of age shall be guilty of the offense under section 712‑1250.5.
(b) No minor shall consume or purchase liquor and no minor shall consume or have liquor in the minor's possession or custody in any public place, public gathering, or public amusement, at any public beach or public park, or in any motor vehicle on a public highway; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:
(1) Possession or custody of liquor by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery;
(2) Possession, custody, or consumption of liquor by a minor in connection with the minor's authorized participation in religious ceremonies requiring such possession, custody, or consumption; or
(3) Any person between the ages of eighteen and twenty, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health to determine the level of incidence of liquor sales to minors.
(c) No minor shall falsify any identification or use any false identification or identification of another person or of a fictitious person for the purpose of buying or attempting to buy liquor or for the purpose of obtaining employment to sell or serve liquor on licensed premises.
(d) Any person under age eighteen who violates this section shall be subject to the jurisdiction of the family court. Any person age eighteen to twenty-one who violates subsection (b) or (c) shall be guilty of a petty misdemeanor. The court shall order that any person under twenty-one years of age found to be in violation of this section shall have, in addition to any other disposition or sentencing provision permitted by law, the person's license to operate a motor vehicle, or the person's ability to obtain a license to operate a motor vehicle, suspended as follows:
(1) For licensed drivers, the driver's license shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment;
(2) For persons with a provisional license, the provisional license shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment;
(3) For persons with an instruction permit, the instruction permit shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment; or
(4) For persons not licensed to drive, eligibility to obtain a driver's license, provisional license, or instruction permit shall be suspended until the age of seventeen or for one hundred and eighty days, at the discretion of the court; and
(5) Chapter 571 notwithstanding, in any case where a person under the age of eighteen violates this section, the family court judge may suspend the driver's license, provisional license, or instruction permit, or suspend the eligibility to obtain a driver's license, provisional license, or instruction permit in accordance with this section;
provided that the requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under paragraphs (1) and (2). In addition, all persons whether or not licensed, found to be in violation of this section shall be sentenced to seventy-five hours of community service work, and an eight to twelve hour program of alcohol education and counseling the costs of which shall be borne by the offender or the offender's parent or guardian.
(e) Notwithstanding the foregoing, if a minor:
(1) Summons medical treatment for another minor who requires such treatment as a result of consuming liquor;
(2) Remains on the scene with the minor who is in need of medical treatment until the medical treatment is administered to the minor; and
(3) Provides his or her name, and the name of the minor who is in need of medical treatment, to any emergency personnel called and the medical personnel responding to the summons, and cooperates with medical assistance and law enforcement personnel on the scene;
then the minor summoning medical treatment and the minor who has received medical treatment shall be immune from prosecution under subsections (b) and (d). The immunity from prosecution conferred under this subsection shall also apply to one or two other minors acting in concert with the minor summoning medical treatment, if the other minors comply with paragraphs (2) and (3).
[(e)] (f) As used in this
section, "consume" or "consumption" includes the ingestion
of liquor."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Intoxicating Liquor; Minors; Immunity From Prosecution
Description:
Establishes an immunity from prosecution for consumption of intoxicating liquor by a minor if the minor summons medical treatment for another minor who requires such treatment as a result of consuming liquor. Also applies to the intoxicated minor and one or two other minors assisting summoning minor.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
