HOUSE BILL No. 4585 April 27, 1999, Introduced by Reps. Jacobs, Faunce, Julian, Garcia, Howell, O'Neil and Patterson and referred to the Committee on Criminal Law and Corrections. A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1998 PA 353. 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 01328'99 * TVD 2 1 defined in section 6107 of the public health code, 1978 PA 368, 2 MCL 333.6107, and designated by the administrator of substance 3 abuse services, and may be ordered to perform community service 4 and to undergo substance abuse screening and assessment at his or 5 her own expense as described in subsection (3). 6 (b) For a violation of this subsection following a prior 7violationCONVICTION of this subsection or section 33b(1) of 8 former 1933 (Ex Sess) PA 8, a fine of not more than $200.00, and 9 may be ordered to participate in substance abuse prevention or 10 substance abuse treatment and rehabilitation services as defined 11 in section 6107 of the public health code, 1978 PA 368, 12 MCL 333.6107, and designated by the administrator of substance 13 abuse services, to perform community service, and to undergo sub- 14 stance abuse screening and assessment at his or her own expense 15 as described in subsection (3). 16 (c) For a violation of this subsection following 2 or more 17 priorviolationsCONVICTIONS of this subsection or 18 section 33b(1) of former 1933 (Ex Sess) PA 8, a fine of not more 19 than $500.00, and may be ordered to participate in substance 20 abuse prevention or substance abuse treatment and rehabilitation 21 services as defined in section 6107 of the public health code, 22 1978 PA 368, MCL 333.6107, and designated by the administrator of 23 substance abuse services, to perform community service, and to 24 undergo substance abuse screening and assessment at his or her 25 own expense as described in subsection (3). 26 (2) A person who furnishes fraudulent identification to a 27 minor, or notwithstanding subsection (1) a minor who uses 01328'99 * 3 1 fraudulent identification to purchase alcoholic liquor, is guilty 2 of a misdemeanor punishable by imprisonment for not more than 93 3 days or a fine of not more than $100.00, or both. 4 (3) The court may order the person convicted of violating 5 subsection (1) to undergo screening and assessment by a person or 6 agency as designated by the substance abuse coordinating agency 7 as defined in section 6103 of the public health code, 1978 8 PA 368, MCL 333.6103, in order to determine whether the person is 9 likely to benefit from rehabilitative services, including alcohol 10 or drug education and alcohol or drug treatment programs. 11 (4) The secretary of state shall suspend the operator's or 12 chauffeur's license of an individual convicted of violating sub- 13 section (1) or (2) as provided in section 319 of the Michigan 14 vehicle code, 1949 PA 300, MCL 257.319. 15 (5) A peace officer who has reasonable cause to believe a 16 minor has consumed alcoholic liquor may require the person to 17 submit to a preliminary chemical breath analysis. A peace offi- 18 cer may arrest a person based in whole or in part upon the 19 results of a preliminary chemical breath analysis. The results 20 of a preliminary chemical breath analysis or other acceptable 21 blood alcohol test are admissible in a criminal prosecution to 22 determine whether the minor has consumed or possessed alcoholic 23 liquor. A minor who refuses to submit to a preliminary chemical 24 breath test analysis as required in this subsection is responsi- 25 ble for a state civil infraction and may be ordered to pay a 26 civil fine of not more than $100.00. 01328'99 * 4 1 (6) A law enforcement agency, upon determining that a person 2 less than 18 years of age who is not emancipatedpursuant to3 UNDER 1968 PA 293, MCL 722.1 to 722.6, allegedly consumed, pos- 4 sessed, purchased, or attempted to consume, possess, or purchase 5 alcoholic liquor in violation of subsection (1) shall notify the 6 parent or parents, custodian, or guardian of the person as to the 7 nature of the violation if the name of a parent, guardian, or 8 custodian is reasonably ascertainable by the law enforcement 9 agency. The notice required by this subsection shall be made not 10 later than 48 hours after the law enforcement agency determines 11 that the person who allegedly violated subsection (1) is less 12 than 18 years of age and not emancipated under 1968 PA 293, 13 MCL 722.1 to 722.6. The notice may be made by any means reason- 14 ably calculated to give prompt actual notice including, but not 15 limited to, notice in person, by telephone, or by first-class 16 mail. If an individual less than 17 years of age is incarcerated 17 for violating subsection (1), his or her parents or legal guard- 18 ian shall be notified immediately as provided in this 19 subsection. 20 (7) This section does not prohibit a minor from possessing 21 alcoholic liquor during regular working hours and in the course 22 of his or her employment if employed by a person licensed by this 23 act, by the commission, or by an agent of the commission, if the 24 alcoholic liquor is not possessed for his or her personal 25 consumption. 01328'99 * 5 1 (8) This section does not limit the civil or criminal 2 liability of the vendor or the vendor's clerk, servant, agent, or 3 employee for a violation of this act. 4 (9) The consumption of alcoholic liquor by a minor who is 5 enrolled in a course offered by an accredited postsecondary edu- 6 cational institution in an academic building of the institution 7 under the supervision of a faculty member is not prohibited by 8 this act if the purpose of the consumption is solely educational 9 and is a requirement of the course. 10 (10) The consumption by a minor of sacramental wine in con- 11 nection with religious services at a church, synagogue, or temple 12 is not prohibited by this act. 13 (11) Subsection (1) does not apply to a minor who partici- 14 pates in either or both of the following: 15 (a) An undercover operation in which the minor purchases or 16 receives alcoholic liquor under the direction of the person's 17 employer and with the prior approval of the local prosecutor's 18 office as part of an employer-sponsored internal enforcement 19 action. 20 (b) An undercover operation in which the minor purchases or 21 receives alcoholic liquor under the direction of the state 22 police, the commission, or a local police agency as part of an 23 enforcement action unless the initial or contemporaneous purchase 24 or receipt of alcoholic liquor by the minor was not under the 25 direction of the state police, the commission, or the local 26 police agency and was not part of the undercover operation. 01328'99 * 6 1 (12) The state police, the commission, or a local police 2 agency shall not recruit or attempt to recruit a minor for 3 participation in an undercover operation at the scene of a viola- 4 tion of subsection (1), section 801(2), or section 701(1). 5(13) As used in this section:6(a) "Probate court disposition" means an order of disposi-7tion of the probate court or the family division of the circuit8court for a child found to be within the provisions of chapter9XIIA of 1939 PA 288, MCL 712A.1 to 712A.32.10(b) "Work location" means, as applicable, either the spe-11cific place or places of employment, or the territory or territo-12ries regularly visited by the person in pursuance of the person's13occupation, or both.14 Enacting section 1. This amendatory act takes effect 15 October 1, 1999. 16 Enacting section 2. This amendatory act does not take 17 effect unless all of the following bills of the 90th Legislature 18 are enacted into law: 19 (a) Senate Bill No. ___ or House Bill No. ___ (request 20 no. 01321'99). 21 (b) Senate Bill No. ___ or House Bill No. ___ (request 22 no. 01325'99). 23 (c) Senate Bill No. ___ or House Bill No. ___ (request 24 no. 01326'99). 25 (d) Senate Bill No. ___ or House Bill No. ___ (request 26 no. 01327'99 *). 01328'99 * 7 1 (e) Senate Bill No. ___ or House Bill No. ___ (request 2 no. 01329'99). 3 (f) Senate Bill No. ___ or House Bill No. ___ (request 4 no. 01340'99 *). 5 (g) Senate Bill No. ___ or House Bill No. ___ (request 6 no. 01340'99 a *). 7 (h) Senate Bill No. ___ or House Bill No. ___ (request 8 no. 01340'99 b *). 9 (i) Senate Bill No. ___ or House Bill No. ___ (request 10 no. 01340'99 c *). 11 (j) Senate Bill No. ___ or House Bill No. ___ (request 12 no. 01340'99 d *). 01328'99 * Final page. TVD