BREATHALYZER FOR MINORS S.B. 1226 (S-1): FLOOR ANALYSIS
Senate Bill 1226 (Substitute S-1 as reported by the Committee of the Whole)
Sponsor: Senator Alan L. Cropsey
Committee: Judiciary
CONTENT
The bill would amend the Michigan Liquor Control Code to allow a sentencing court to order a minor (a person under 21 years of age) who was subject to a conviction or juvenile adjudication of, or placed on probation regarding, certain alcohol-related violations to submit to a random or regular preliminary chemical breath analysis. In the case of a minor under 18 and not legally emancipated, the minor's parent, guardian, or custodian could request a random or regular preliminary chemical breath analysis as part of the probation.
The bill would apply to a minor convicted of purchasing, consuming, or possessing alcohol; attempting to purchase, consume, or possess alcohol; or having "any bodily alcohol content". Under the Code, "any bodily alcohol content" means either of the following:
-- An alcohol content of 0.02 gram or more per 100 milliliters of blood, 210 liters of breath, or 67 milliliters of urine.
-- Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption as part of a generally recognized religious service or ceremony.
MCL 436.1703 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
To the extent that the bill would increase the number of chemical breath analyses administered, State and local governments would incur increased administrative and testing costs. According to the Department of Corrections, the cost of the materials for each test is approximately 10 cents. The cost for tests administered by local governments for offenders under local jurisdiction is likely to be similar.
Date Completed: 5-9-06 Fiscal Analyst: Lindsay Hollander
Stephanie YuAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1226/0506