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