Bill Text: MI SB0258 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Liquor; drinking age; certain minors presenting themselves for treatment; exempt from underage drinking violation under certain circumstances. Amends sec. 703 of 1998 PA 58 (MCL 436.1703).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-19 - Referred To Committee Of The Whole [SB0258 Detail]

Download: Michigan-2011-SB0258-Introduced.html

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SENATE BILL No. 258

 

 

March 10, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1998 PA 58, entitled

 

"Michigan liquor control code of 1998,"

 

by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 703. (1) A minor shall not purchase or attempt to

 

purchase alcoholic liquor, consume or attempt to consume alcoholic

 

liquor, possess or attempt to possess alcoholic liquor, or have any

 

bodily alcohol content, except as provided in this section. A minor

 

who violates this subsection is guilty of a misdemeanor punishable

 

by the following fines and sanctions and is not subject to the

 

penalties prescribed in section 909:

 

     (a) For the first violation by a fine of not more than

 

$100.00. , and may be ordered A court may order a minor under this

 

subdivision to participate in substance abuse prevention services

 

or substance abuse treatment and rehabilitation services as defined

 

in section 6107 of the public health code, 1978 PA 368, MCL

 

333.6107, and designated by the administrator of the office of

 

substance abuse services, and may be ordered order that minor to

 

perform community service and to undergo substance abuse screening

 

and assessment at his or her own expense as described in subsection

 

(4).

 

     (b) For a violation of this subsection following a prior

 

conviction or juvenile adjudication for a violation of this

 

subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a

 

local ordinance substantially corresponding to this subsection or

 

section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for

 

not more than 30 days but only if the minor has been found by the

 

court to have finds that the minor violated an order of probation,

 

failed to successfully complete any treatment, screening, or

 

community service ordered by the court, or failed to pay any fine

 

for that conviction or juvenile adjudication, by a fine of not more

 

than $200.00, or both. , and may be ordered A court may order a

 

minor under this subdivision to participate in substance abuse

 

prevention services or substance abuse treatment and rehabilitation

 

services as defined in section 6107 of the public health code, 1978

 

PA 368, MCL 333.6107, and designated by the administrator of the

 

office of substance abuse services, to perform community service,

 

and to undergo substance abuse screening and assessment at his or

 

her own expense as described in subsection (4).

 

     (c) For a violation of this subsection following 2 or more

 

prior convictions or juvenile adjudications for a violation of this

 

subsection, section 33b(1) of former 1933 (Ex Sess) PA 8, or a

 

local ordinance substantially corresponding to this subsection or

 

section 33b(1) of former 1933 (Ex Sess) PA 8, by imprisonment for

 

not more than 60 days but only if the minor has been found by the

 

court to have finds that the minor violated an order of probation,

 

failed to successfully complete any treatment, screening, or

 

community service ordered by the court, or failed to pay any fine

 

for that conviction or juvenile adjudication, by a fine of not more

 

than $500.00, or both. , and may be ordered A court may order a

 

minor under this subdivision to participate in substance abuse

 

prevention services or substance abuse treatment and rehabilitation

 

services as defined in section 6107 of the public health code, 1978

 

PA 368, MCL 333.6107, and designated by the administrator of the

 

office of substance abuse services, to perform community service,

 

and to undergo substance abuse screening and assessment at his or

 

her own expense as described in subsection (4).

 

     (2) A person An individual who furnishes fraudulent

 

identification to a minor, or notwithstanding subsection (1) a

 

minor who uses fraudulent identification to purchase alcoholic

 

liquor, is guilty of a misdemeanor punishable by imprisonment for

 

not more than 93 days or a fine of not more than $100.00, or both.

 

     (3) When an individual who has not previously been convicted

 

of or received a juvenile adjudication for a violation of

 

subsection (1) pleads guilty to a violation of subsection (1) or

 

offers a plea of admission in a juvenile delinquency proceeding for

 

a violation of subsection (1), the court, without entering a

 

judgment of guilt in a criminal proceeding or a determination in a

 

juvenile delinquency proceeding that the juvenile has committed the

 

offense and with the consent of the accused, may defer further

 

proceedings and place the individual on probation. upon The terms

 

and conditions of that probation include, but are not limited to,

 

the sanctions set forth in subsection (1)(a), payment of the costs

 

including minimum state cost as provided for in section 18m of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

712A.18m, and section 1j of chapter IX of the code of criminal

 

procedure, 1927 PA 175, MCL 769.1j, and the costs of probation as

 

prescribed in section 3 of chapter XI of the code of criminal

 

procedure, 1927 PA 175, MCL 771.3. Upon violation of If a court

 

finds that an individual violated a term or condition of probation

 

or upon a finding that the individual is utilizing this subsection

 

in another court, the court may enter an adjudication of guilt, or

 

a determination in a juvenile delinquency proceeding that the

 

individual has committed the offense, and proceed as otherwise

 

provided by law. Upon fulfillment of If an individual fulfills the

 

terms and conditions of probation, the court shall discharge the

 

individual and dismiss the proceedings. Discharge and dismissal

 

under this section shall be without adjudication of guilt or

 

without a determination in a juvenile delinquency proceeding that

 

the individual has committed the offense and is not a conviction or

 

juvenile adjudication for purposes of this section or for purposes

 

of disqualifications or disabilities imposed by law upon conviction

 

of a crime, including the additional penalties imposed for second

 

or subsequent convictions or juvenile adjudications under

 

subsection (1)(b) and (c). There may be An individual may obtain

 

only 1 discharge and dismissal under this subsection. as to an

 

individual. The court shall maintain a nonpublic record of the

 

matter while proceedings are deferred and the individual is on

 

probation and if there is a discharge and dismissal under this

 

subsection. The secretary of state shall retain a nonpublic record

 

of a plea and of the discharge and dismissal under this subsection.

 

These records shall be furnished to any of the following:

 

     (a) To a court, prosecutor, or police agency upon request for

 

the purpose of determining if an individual has already utilized

 

this subsection.

 

     (b) To the department of corrections, a prosecutor, or a law

 

enforcement agency, upon the department's, a prosecutor's, or a law

 

enforcement agency's request, subject to all of the following

 

conditions:

 

     (i) At the time of the request, the individual is an employee

 

of the department of corrections, the prosecutor, or the law

 

enforcement agency, or an applicant for employment with the

 

department of corrections, the prosecutor, or the law enforcement

 

agency.

 

     (ii) The record is used by the department of corrections, the

 

prosecutor, or the law enforcement agency only to determine whether

 

an employee has violated his or her conditions of employment or

 

whether an applicant meets criteria for employment.

 

     (4) The A court may order the person an individual convicted

 

of violating subsection (1) to undergo screening and assessment by

 

a person or agency as designated by the substance abuse

 

coordinating agency as defined in section 6103 of the public health

 

code, 1978 PA 368, MCL 333.6103, in order to determine whether the

 

person individual is likely to benefit from rehabilitative

 

services, including alcohol or drug education and alcohol or drug

 

treatment programs. The A court may order a person an individual

 

subject to a conviction or juvenile adjudication of, or placed on

 

probation regarding, a violation of subsection (1) to submit to a

 

random or regular preliminary chemical breath analysis. In the case

 

The parent, guardian, or custodian of a minor under 18 years of age

 

not emancipated under 1968 PA 293, MCL 722.1 to 722.6, the parent,

 

guardian, or custodian may request a random or regular preliminary

 

chemical breath analysis as part of the probation.

 

     (5) The secretary of state shall suspend the operator's or

 

chauffeur's license of an individual convicted of violating

 

subsection (1) or (2) as provided in section 319 of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.319.

 

     (6) A peace officer who has reasonable cause to believe a

 

minor has consumed alcoholic liquor or has any bodily alcohol

 

content may require the person that individual to submit to a

 

preliminary chemical breath analysis. A peace officer may arrest a

 

person an individual based in whole or in part upon the results of

 

a preliminary chemical breath analysis. The results of a

 

preliminary chemical breath analysis or other acceptable blood

 

alcohol test are admissible in a criminal prosecution to determine

 

whether the minor has consumed or possessed alcoholic liquor or had

 

any bodily alcohol content. A minor who refuses to submit to a

 

preliminary chemical breath test analysis as required in this

 

subsection is responsible for a state civil infraction and may be

 

ordered to pay a civil fine of not more than $100.00.

 

     (7) A law enforcement agency, upon determining that a person

 

an individual less than 18 years of age who is not emancipated

 

under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed,

 

possessed, purchased alcoholic liquor, attempted to consume,

 

possess, or purchase alcoholic liquor, or had any bodily alcohol

 

content in violation of subsection (1) shall notify the parent or

 

parents, custodian, or guardian of the person individual as to the

 

nature of the violation if the name of a parent, guardian, or

 

custodian is reasonably ascertainable by the law enforcement

 

agency. The notice required by this subsection shall be made law

 

enforcement agency shall notify the parent, guardian, or custodian

 

not later than 48 hours after the law enforcement agency determines

 

that the person individual who allegedly violated subsection (1) is

 

less than 18 years of age and not emancipated under 1968 PA 293,

 

MCL 722.1 to 722.6. The notice may be made law enforcement agency

 

may notify the parent, guardian, or custodian by any means

 

reasonably calculated to give prompt actual notice including, but

 

not limited to, notice in person, by telephone, or by first-class

 

mail. If an individual less than 17 years of age is incarcerated

 

for violating subsection (1), his or her parents or legal guardian

 

shall be notified immediately as provided in this subsection.

 

     (8) This section does not prohibit a minor from possessing

 

alcoholic liquor during regular working hours and in the course of

 

his or her employment if employed by a person licensed by this act,

 

by the commission, or by an agent of the commission, if the

 

alcoholic liquor is not possessed for his or her personal

 

consumption.

 

     (9) A minor who has consumed alcoholic liquor and who

 

voluntarily presents himself or herself to a health facility or

 

agency for treatment or for observation, any minor who accompanies

 

a minor who has consumed alcoholic liquor and who voluntarily

 

presents himself or herself to a health facility or agency for

 

treatment or for observation, and any minor who initiates contact

 

with a peace officer or emergency medical services personnel for

 

the purpose of obtaining medical assistance are not considered in

 

violation of subsection (1).

 

     (10) (9) This section does not limit the civil or criminal

 

liability of the vendor or the vendor's clerk, servant, agent, or

 

employee for a violation of this act.

 

     (11) (10) The consumption of alcoholic liquor by a minor who

 

is enrolled in a course offered by an accredited postsecondary

 

educational institution in an academic building of the institution

 

under the supervision of a faculty member is not prohibited by this

 

act if the purpose of the consumption is solely educational and is

 

a requirement of the course.

 

     (12) (11) The consumption by a minor of sacramental wine in

 

connection with religious services at a church, synagogue, or

 

temple is not prohibited by this act.

 

     (13) (12) Subsection (1) does not apply to a minor who

 

participates in either or both of the following:

 

     (a) An undercover operation in which the minor purchases or

 

receives alcoholic liquor under the direction of the person's

 

employer and with the prior approval of the local prosecutor's

 

office as part of an employer-sponsored internal enforcement

 

action.

 

     (b) An undercover operation in which the minor purchases or

 

receives alcoholic liquor under the direction of the state police,

 

the commission, or a local police agency as part of an enforcement

 

action unless the initial or contemporaneous purchase or receipt of

 

alcoholic liquor by the minor was not under the direction of the

 

state police, the commission, or the local police agency and was

 

not part of the undercover operation.

 

     (14) (13) The state police, the commission, or a local police

 

agency shall not recruit or attempt to recruit a minor for

 

participation in an undercover operation at the scene of a

 

violation of subsection (1), section 701(1), or section 801(2). ,

 

or section 701(1).

 

     (15) (14) In a criminal prosecution for the violation of

 

subsection (1) concerning a minor having any bodily alcohol

 

content, it is an affirmative defense that the minor consumed the

 

alcoholic liquor in a venue or location where that consumption is

 

legal.

 

     (16) (15) As used in this section: , "any

 

     (a) "Any bodily alcohol content" means either of the

 

following:

 

     (i) (a) An alcohol content of 0.02 grams or more per 100

 

milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine.

 

     (ii) (b) Any presence of alcohol within a person's body

 

resulting from the consumption of alcoholic liquor, other than

 

consumption of alcoholic liquor as a part of a generally recognized

 

religious service or ceremony.

 

     (b) "Emergency medical services personnel" means that term as

 

defined in section 20904 of the public health code, 1978 PA 368,

 

MCL 333.20904.

 

     (c) "Health facility or agency" means that term as defined in

 

section 20106 of the public health code, 1978 PA 368, MCL

 

333.20106.