December 13, 2005, Introduced by Senator SWITALSKI 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 2004 PA 63.
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 a fine of not more than $100.00,
and may be ordered 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 substance
abuse services, and may be ordered 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 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, a fine of not more than
$200.00, or both, and may be ordered 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 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 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, a fine of not more than
$500.00, or both, and may be ordered 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 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 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 terms and
conditions that 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 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 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 only 1 discharge or 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 under this subsection. The secretary
of state shall retain a nonpublic record of a plea and of the
discharge and dismissal under this subsection. This record 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 court may order the person 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 is likely to
benefit from rehabilitative services, including alcohol or drug
education and alcohol or drug treatment programs.
(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 request the person to submit to a preliminary
chemical breath analysis. If the minor refuses the request of the
peace officer to take the test, a test shall not be given without a
court order. A peace officer may arrest a person 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
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 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 not later than 48 hours after the law
enforcement agency determines that the person 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 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) 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.
(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.
(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.
(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.
(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 801(2), or section 701(1).
(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.
(15) As used in this section, "any bodily alcohol content"
means either of the following:
(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.
(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.