STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1449	By:	Williams

AS INTRODUCED

An Act relating to intoxicating liquors; amending 37 O.S. 2001, Section 8, which relates to public intoxication; defining term; requiring political subdivisions include certain provision; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     37 O.S. 2001, Section 8, is amended to read as follows:
Section 8.  A.  1.  Any person who shall, in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor unless authorized by the Oklahoma Alcoholic Beverage Control Act, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance,; or if any
2.  Any person who shall be drunk or intoxicated in any public or private road, or in any passenger coach, streetcar, or any public place or building, or at any public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance, or if any person who shall be drunk or intoxicated from any cause and shall disturb the peace of any person, he
shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Ten Dollars ($10.00), nor more than One Hundred Dollars ($100.00), or by imprisonment for not less than five (5) days nor more than thirty (30) days, or by both such fine and imprisonment.
B.  As used in this section, “drunk or intoxicated” means any person who:
1.  Has a blood or breath alcohol concentration, as defined in Section 756 of Title 47 of the Oklahoma Statutes, of eight-hundredths (0.08) or more at the time of a test of the blood or breath of such person administered within two (2) hours after the arrest of such person;
2.  Is under the influence of any intoxicating substance other than alcohol; or
3.  Is under the combined influence of alcohol and any other intoxicating substance.
C.  No municipality or other political subdivision of this state shall adopt or continue in effect resolutions, ordinances, or regulations prohibiting the offense provided for in paragraph 2 of subsection A of this section without requiring the person to meet the definition of “drunk or intoxicated” as provided in subsection B of this section.  Local orders, resolutions, ordinances, regulations, or legislation in violation of this section are void and unenforceable.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-6141	CJB	01/14/11