Bill Text: MI HB4213 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Liquor; drinking age; obtaining court order before nonconsensual preliminary chemical breath testing of a minor; require. Amends sec. 703 of 1998 PA 58 (MCL 436.1703).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-08-16 - Assigned Pa 89'17 With Immediate Effect [HB4213 Detail]
Download: Michigan-2017-HB4213-Engrossed.html
HB-4213, As Passed House, March 29, 2017
HOUSE BILL No. 4213
February 15, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
by amending section 703 (MCL 436.1703), as amended by 2016 PA 357.
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 responsible for a state civil
infraction or guilty of a misdemeanor as follows and is not subject
to the penalties prescribed in section 909:
(a) For the first violation, the minor is responsible for a
state civil infraction and shall be fined not more than $100.00. A
court may order a minor under this subdivision to participate in
substance use disorder services as defined in section 6230 of the
public health code, 1978 PA 368, MCL 333.6230, and designated by
the administrator of the office of substance abuse services, and
may order the minor to perform community service and to undergo
substance abuse screening and assessment at his or her own expense
as described in subsection (5). A minor may be found responsible or
admit responsibility only once under this subdivision.
(b) If a violation of this subsection occurs after 1 prior
judgment, the minor is guilty of a misdemeanor. A misdemeanor under
this subdivision is punishable by imprisonment for not more than 30
days if the court 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, or by a
fine of not more than $200.00, or both. A court may order a minor
under this subdivision to participate in substance use disorder
services as defined in section 6230 of the public health code, 1978
PA 368, MCL 333.6230, 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 (5).
(c) If a violation of this subsection occurs after 2 or more
prior judgments, the minor is guilty of a misdemeanor. A
misdemeanor under this subdivision is punishable by imprisonment
for not more than 60 days, if the court 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, or by a fine of not more than $500.00, or both, as
applicable. A court may order a minor under this subdivision to
participate in substance use disorder services as defined in
section 6230 of the public health code, 1978 PA 368, MCL 333.6230,
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 (5).
(2) 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) If an individual who pleads guilty to a misdemeanor
violation of subsection (1)(b) or offers a plea of admission in a
juvenile delinquency proceeding for a misdemeanor violation of
subsection (1)(b), 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. The terms and conditions of
that probation include, but are not limited to, the sanctions set
forth in subsection (1)(c), 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. If a court finds that an individual violated a term or
condition of probation or 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. If an individual fulfills the terms and conditions
of probation, the court shall discharge the individual and dismiss
the proceedings. A discharge and dismissal under this section is
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 disqualifications or disabilities imposed by law on
conviction of a crime. An individual may obtain only 1 discharge
and dismissal under this subsection. 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 on 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, on 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) A misdemeanor violation of subsection (1) successfully
deferred, discharged, and dismissed under subsection (3) is
considered a prior judgment for the purposes of subsection (1)(c).
(5) A court may order an individual found responsible for or
convicted of violating subsection (1) to undergo screening and
assessment by a person or agency as designated by the department-
designated community mental health entity as defined in section
100a of the mental health code, 1974 PA 258, MCL 330.1100a, to
determine whether the individual is likely to benefit from
rehabilitative services, including alcohol or drug education and
alcohol or drug treatment programs. A court may order an individual
subject to a misdemeanor 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.
The parent, guardian, or custodian of a minor who is less than 18
years of age and not emancipated under 1968 PA 293, MCL 722.1 to
722.6, may request a random or regular preliminary chemical breath
analysis as part of the probation.
(6) The secretary of state shall suspend the operator's or
chauffeur's license of an individual convicted of a second or
subsequent violation of subsection (1) or of violating subsection
(2) as provided in section 319 of the Michigan vehicle code, 1949
PA 300, MCL 257.319.
(7) A peace officer who has reasonable cause to believe a
minor has consumed alcoholic liquor or has any bodily alcohol
content may request that individual to submit to a preliminary
chemical breath analysis. If a minor does not consent to a
preliminary chemical breath analysis, the analysis shall not be
administered without a court order, but a peace officer may seek to
obtain a court order. The results of a preliminary chemical breath
analysis or other acceptable blood alcohol test are admissible in a
state civil infraction proceeding or criminal prosecution to
determine if the minor has consumed or possessed alcoholic liquor
or had any bodily alcohol content.
(8) A law enforcement agency, on determining that an
individual who is less than 18 years of age and not emancipated
under 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed,
possessed, or 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 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 law
enforcement agency shall notify the parent, guardian, or custodian
not later than 48 hours after the law enforcement agency determines
that the 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 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.
(9) 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.
(10) The following individuals are not considered to be in
violation of subsection (1):
(a) 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 including, but not limited
to, medical examination and treatment for any condition arising
from a violation of sections 520b to 520g of the Michigan penal
code, 1931 PA 328, MCL 750.520b to 750.520g, committed against a
minor.
(b) A minor who accompanies an individual who meets both of
the following criteria:
(i) Has consumed alcoholic liquor.
(ii) Voluntarily presents himself or herself to a health
facility or agency for treatment or for observation including, but
not limited to, medical examination and treatment for any condition
arising from a violation of sections 520b to 520g of the Michigan
penal code, 1931 PA 328, MCL 750.520b to 750.520g, committed
against a minor.
(c) A minor who initiates contact with a peace officer or
emergency medical services personnel for the purpose of obtaining
medical assistance for a legitimate health care concern.
(11) If a minor who is less than 18 years of age and who is
not emancipated under 1968 PA 293, MCL 722.1 to 722.6, voluntarily
presents himself or herself to a health facility or agency for
treatment or for observation as provided under subsection (10), the
health facility or agency shall notify the parent or parents,
guardian, or custodian of the individual as to the nature of the
treatment or observation if the name of a parent, guardian, or
custodian is reasonably ascertainable by the health facility or
agency.
(12) This section does not limit the civil or criminal
liability of a vendor or the vendor's clerk, servant, agent, or
employee for a violation of this act.
(13) 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.
(14) 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.
(15) 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.
(16) 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).
(17) In a 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.
(18) As used in this section:
(a) "Any bodily alcohol content" means either of the
following:
(i) 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) 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.
(d) "Prior judgment" means a conviction, juvenile
adjudication, finding of responsibility, or admission of
responsibility for any of the following, whether under a law of
this state, a local ordinance substantially corresponding to a law
of this state, a law of the United States substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(i) This section or section 701 or 707.
(ii) Section 624a, 624b, or 625 of the Michigan vehicle code,
1949 PA 300, MCL 257.624a, 257.624b, and 257.625.
(iii) Section 80176, 81134, or 82127 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.80176,
324.81134, and 324.82127.
(iv) Section 167a or 237 of the Michigan penal code, 1939 PA
328, MCL 750.167a and 750.237.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
