Bill Text: MI SB0902 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Liquor; drinking age; penalties for minor in possession (MIP); revise. Amends sec. 703 of 1998 PA 58 (MCL 436.1703).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-10-15 - Referred To Committee On Judiciary [SB0902 Detail]

Download: Michigan-2009-SB0902-Introduced.html

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SENATE BILL No. 902

 

 

October 15, 2009, Introduced by Senator SWITALSKI 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 as applicable, or a state civil infraction and may be ordered to

 

pay the following fines and sanctions, is subject to the following,

 

and is not subject to the penalties prescribed in section 909:

 

     (a) For the first violation a fine of not more than $100.00,

 

and may be ordered 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 substance

 

abuse services, and may be ordered 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 finding of responsibility 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 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, a fine of not more

 

than $200.00 , or both, and may be ordered 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 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 findings of responsibility 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 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 finding of responsibility, conviction, or

 

juvenile adjudication, a fine of not more than $500.00, or both,

 

and may be ordered 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 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 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 found responsible for or received a juvenile adjudication for a

 

violation of subsection (1) pleads guilty to admits responsibility

 

for 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 finding of responsibility 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 terms and

 

conditions that 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 by the court. Upon violation of 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 a finding of responsibility, 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 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 a finding

 

of responsibility or without a determination in a juvenile

 

delinquency proceeding that the individual has committed the

 

offense and is not a conviction finding of responsibility 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, findings of responsibility, or juvenile

 

adjudications under subsection (1)(b) and (c). There may be 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 or

 

finding 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 court may order the person convicted of or found

 

responsible for 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 is likely to benefit from rehabilitative

 

services, including alcohol or drug education and alcohol or drug

 

treatment programs. The court may order a person subject to a

 

conviction or finding of responsibility 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 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 to submit to a preliminary chemical

 

breath analysis. A peace officer may arrest a person 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 or state civil infraction proceeding 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

 

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 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 not later than 48 hours after the law

 

enforcement agency determines that the person 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 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) 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.

 

     (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.

 

     (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.

 

     (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.

 

     (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 801(2), or section 701(1).

 

     (14) In a criminal prosecution or state civil infraction

 

proceeding 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.

 

     (15) As used in this section, "any bodily alcohol content"

 

means either of the following:

 

     (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.

 

     (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.