HOUSE BILL No. 5955 June 18, 1998, Introduced by Rep. Callahan 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). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 703. (1) A minor shall not purchase or attempt to pur- 2 chase alcoholic liquor, consume or attempt to consume alcoholic 3 liquor, or possess or attempt to possess alcoholic liquor, except 4 as provided in this section. Notwithstanding section 909, a 5 minor who violates this subsection is guilty of a misdemeanor 6 punishable by the following fines and sanctions, and is not 7 subject to the penalties prescribed in section 909: 8 (a) For the first violation a fine of not more than $100.00, 9 and may be ordered to participate in substance abuse prevention 10 or substance abuse treatment and rehabilitation services as 11 defined in section 6107 of the public health code, 1978 PA 368, 06518'98 TVD 2 1 MCL 333.6107, and designated by the administrator of substance 2 abuse services, and may be ordered to perform community service 3 and to undergo substance abuse screening and assessment at his or 4 her own expense as described in subsection (3). 5 (b) For asecondviolation OF THIS SUBSECTION FOLLOWING A 6 PRIOR VIOLATION OF THIS SUBSECTION OR SECTION 33B(1) OF FORMER 7 1933 (EX SESS) PA 8, a fine of not more than $200.00, and may be 8 ordered to participate in substance abuse prevention or substance 9 abuse treatment and rehabilitation services as defined in section 10 6107 of the public health code, 1978 PA 368, MCL 333.6107, and 11 designated by the administrator of substance abuse services, to 12 perform community service, and to undergo substance abuse screen- 13 ing and assessment at his or her own expense as described in sub- 14 section (3).The person is also subject to sanctions against15his or her operator's or chauffeur's license imposed in subsec-16tion (4).17 (c) For athird or subsequentviolation OF THIS SUBSECTION 18 FOLLOWING 2 OR MORE PRIOR VIOLATIONS OF THIS SUBSECTION OR 19 SECTION 33B(1) OF FORMER 1933 (EX SESS) PA 8, a fine of not more 20 than $500.00, and may be ordered to participate in substance 21 abuse prevention or substance abuse treatment and rehabilitation 22 services as defined in section 6107 of the public health code, 23 1978 PA 368, MCL 333.6107, and designated by the administrator of 24 substance abuse services, to perform community service, and to 25 undergo substance abuse screening and assessment at his or her 26 own expense as described in subsection (3).The person is also06518'98 3 1subject to sanctions against his or her operator's or chauffeur's2license imposed in subsection (4).3 (2) A person who furnishes fraudulent identification to a 4 minor, or notwithstanding subsection (1) a minor who uses fraudu- 5 lent identification to purchase alcoholic liquor, is guilty of a 6 misdemeanor. The court shall order the secretary of state to7suspend, pursuant to section 319(5) of the Michigan vehicle code,81949 PA 300, MCL 257.319, for a period of 90 days, the operator's9or chauffeur's license of a person who is convicted of furnishing10or using fraudulent identification in violation of this subsec-11tion and the operator's or chauffeur's license of that person12shall be surrendered to the court. The court shall immediately13forward the surrendered license and an abstract of conviction to14the secretary of state. A suspension ordered under this subsec-15tion shall be in addition to any other suspension of the person's16operator's or chauffeur's license.PUNISHABLE BY IMPRISONMENT 17 FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $100.00, OR 18 BOTH. 19 (3) The court may order the personfoundCONVICTED OF vio- 20 lating subsection (1) to undergo screening and assessment by a 21 person or agency as designated by the substance abuse coordinat- 22 ing agency as defined in section 6103 of the public health code, 23 1978 PA 368, MCL 333.6103, in order to determine whether the 24 person is likely to benefit from rehabilitative services, includ- 25 ing alcohol or drug education and alcohol or drug treatment 26 programs. 06518'98 4 1(4) Immediately upon the entry of a conviction or a probate2court disposition for a violation of subsection (1), the court3shall consider all prior convictions or probate court disposi-4tions of subsection (1), or a local ordinance or law of another5state substantially corresponding to subsection (1), and shall6impose the following sanctions:7(a) If the court finds that the person has 1 such prior con-8viction or probate court disposition, the court shall order the9secretary of state to suspend the operator's or chauffeur's10license of the person for a period of not less than 90 days or11more than 180 days. The court may order the secretary of state12to issue to the person a restricted license after the first 3013days of the period of suspension in the manner described in sub-14section (5) and provided for in section 319 of the Michigan vehi-15cle code, 1949 PA 300, MCL 257.319. In the case of a person who16does not possess an operator's or chauffeur's license, the secre-17tary of state shall deny the application for an operator's or18chauffeur's license for the applicable suspension period.19(b) If the court finds that the person has 2 or more such20prior convictions or probate court dispositions, the court shall21order the secretary of state to suspend the operator's or22chauffeur's license of the person for a period of not less than23180 days or more than 1 year. The court may order the secretary24of state to issue to the person a restricted license after the25first 60 days of the period of suspension in the manner described26in subsection (5) and provided for in section 319 of the Michigan27vehicle code, 1949 PA 300, MCL 257.319. In the case of a person06518'98 5 1who does not possess an operator's or chauffeur's license, the2secretary of state shall deny the application for an operator's3or chauffeur's license for the applicable suspension period.4(5) In those cases in which a restricted license is allowed5under this section, the court shall not order the secretary of6state to issue a restricted license unless the person states7under oath, and the court finds based upon the record in open8court, that the person is unable to take public transportation to9and from his or her work location, place of alcohol or drug edu-10cation treatment, probation department, court-ordered community11service program, or educational institution, and does not have12any family members or others able to provide transportation. The13court order under subsection (4) and the restricted license shall14indicate the work location of the person to whom it is issued,15the approved route or routes and permitted times of travel, and16shall permit the person to whom it is issued only to do 1 or more17of the following:18(a) Drive to and from the person's residence and work19location.20(b) Drive in the course of the person's employment or21occupation.22(c) Drive to and from the person's residence and an alcohol23or drug education or treatment program as ordered by the court.24(d) Drive to and from the person's residence and the court25probation department, or a court-ordered community service pro-26gram, or both.06518'98 6 1(e) Drive to and from the person's residence and an2educational institution at which the person is enrolled as a3student.4(6) If license sanctions are imposed, immediately upon the5entry of a court-ordered sanction pursuant to subsection (4), the6court shall order the person convicted for the violation to sur-7render to the court his or her operator's or chauffeur's8license. The court shall immediately forward a notice of9court-ordered license sanctions to the secretary of state. If10the license is not forwarded to the secretary of state, an expla-11nation of the reason why the license is absent shall be12attached. If the finding is appealed to the circuit court, the13court may, ex parte, order the secretary of state to stay the14suspension issued pursuant to this section pending the outcome of15the appeal. Immediately following imposition of the sanction,16the court shall forward a notice to the secretary of state indi-17cating the sanction imposed.18 (4)(7)A peace officer who has reasonable cause to 19 believe a minor has consumed alcoholic liquor may require the 20 person to submit to a preliminary chemical breath analysis. A 21 peace officer may arrest a person based in whole or in part upon 22 the results of a preliminary chemical breath analysis. The 23 results of a preliminary chemical breath analysis or other 24 acceptable blood alcohol test are admissible in a criminal prose- 25 cution to determine whether the minor has consumed or possessed 26 alcoholic liquor. A minor who refuses to submit to a preliminary 27 chemical breath test analysis as required in this subsection is 06518'98 7 1 responsible for a state civil infraction and may be ordered to 2 pay a civil fine of not more than $100.00. 3 (5)(8)A law enforcement agency, upon determining that a 4 person less than 18 years of age who is not emancipated pursuant 5 to 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, pos- 6 sessed, purchased, or attempted to consume, possess, or purchase 7 alcoholic liquor in violation of subsection (1) shall notify the 8 parent or parents, custodian, or guardian of the person as to the 9 nature of the violation if the name of a parent, guardian, or 10 custodian is reasonably ascertainable by the law enforcement 11 agency. The notice required by this subsection shall be made not 12 later than 48 hours after the law enforcement agency determines 13 that the person who allegedly violated subsection (1) is less 14 than 18 years of age and not emancipatedpursuant toUNDER 1968 15 PA 293, MCL 722.1 to 722.6. The notice may be made by any means 16 reasonably calculated to give prompt actual notice including, but 17 not limited to, notice in person, by telephone, or by first-class 18 mail. Ifa personAN INDIVIDUAL less than 17 years of age is 19 incarcerated for violating subsection (1), his or her parents or 20 legal guardian shall be notified immediately as provided in this 21 subsection. 22 (6)(9)This section does not prohibit a minor from pos- 23 sessing alcoholic liquor during regular working hours and in the 24 course of his or her employment if employed by a person licensed 25 by this act, by the commission, or by an agent of the commission, 26 if the alcoholic liquor is not possessed for his or her personal 27 consumption. 06518'98 8 1 (7)(10)This sectionshall not be construed toDOES NOT 2 limit the civil or criminal liability of the vendor or the 3 vendor's clerk, servant, agent, or employee for a violation of 4 this act. 5 (8)(11)The consumption of alcoholic liquor by a minor 6 who is enrolled in a course offered by an accredited postsecond- 7 ary educational institution in an academic building of the insti- 8 tution under the supervision of a faculty member is not prohib- 9 ited by this act if the purpose of the consumption is solely edu- 10 cational and is anecessary ingredientREQUIREMENT of the 11 course. 12 (9)(12)The consumption by a minor of sacramental wine in 13 connection with religious services at a church, synagogue, or 14 temple is not prohibited by this act. 15 (10)(13)Subsection (1) does not apply to a minor who 16 participates in either or both of the following: 17 (a) An undercover operation in which the minor purchases or 18 receives alcoholic liquor under the direction of the person's 19 employer and with the prior approval of the local prosecutor's 20 office as part of an employer-sponsored internal enforcement 21 action. 22 (b) An undercover operation in which the minor purchases or 23 receives alcoholic liquor under the direction of the state 24 police, the commission, or a local police agency as part of an 25 enforcement actionexcept that anyUNLESS THE initial or con- 26 temporaneous purchase or receipt of alcoholic liquor by the minor 27isWAS NOT under the direction of the state police, the 06518'98 9 1 commission, or the local police agency andisWAS NOT part of 2 the undercover operation. 3 (11) The state police, the commission, or a local police 4 agency shall not recruit or attempt to recruit a minor for par- 5 ticipation in an undercover operation at the scene of a violation 6 of subsection (1), section 801(2), or section 701(1). 7 (12)(14)As used in this section: 8 (a) "Probate court disposition" means an order of disposi- 9 tion of the probate court or the family division of the circuit 10 court for a child found to be within the provisions of chapter 11 XIIA of 1939 PA 288, MCL 712A.1 to 712A.32. 12 (b) "Work location" means, as applicable, either the spe- 13 cific place or places of employment, or the territory or territo- 14 ries regularly visited by the person in pursuance of the person's 15 occupation, or both. 06518'98 Final page. TVD