Bill Text: MI HB4393 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-4393, As Passed Senate, April 18, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4393
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).(5).
(b)
For a second 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).(5).
(c) For a third or subsequent 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).(5).
(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) A violation of subsection (1) successfully deferred,
discharged, and dismissed under subsection (3) is considered a
prior violation for the purposes of subsection (1)(b) and (c).
(5) (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.
(6) (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.
(7) (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.
(8) (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
House Bill No. 4393 as amended April 17, 2012
subsection.
(9) (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.
(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 under the age of 18 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) (9)
This section does not limit the
civil or criminal
liability
of the a vendor or the vendor's clerk, servant, agent, or
employee for a violation of this act.
(13) (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.
(14) (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.
(15) (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.
House Bill No. 4393 as amended April 17, 2012
(16) (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).
(17) (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.
(18) (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.
<<Enacting section 1. This amendatory act takes effect June 1,
2012.>>
