Bill Text: MI HB4393 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Liquor; drinking age; certain minors; exempt from underage drinking violation under certain circumstances. Amends sec. 703 of 1998 PA 58 (MCL 436.1703).
Spectrum: Bipartisan Bill
Status: (Passed) 2012-05-08 - Assigned Pa 125'12 With Immediate Effect [HB4393 Detail]
Download: Michigan-2011-HB4393-Introduced.html
HOUSE BILL No. 4393
March 8, 2011, Introduced by Reps. Forlini, Lori, Wayne Schmidt, Haines, Tyler, Huuki, Agema, Moss, Franz, Lane, Smiley, Lund, Ananich, Byrum, Liss and Haugh 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
an individual 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.
