HOUSE BILL No. 5815 March 19, 2002, Introduced by Reps. George, Hummel, Gosselin, Voorhees, Birkholz, Vander Veen, DeWeese, Tabor and Lemmons and referred to the Committee on Regulatory Reform. A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 1999 PA 53. 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 not7subject 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 SERVICES or substance abuse treatment and rehabilitation services 04648'01 LBO 2 1 as defined in section 6107 of the public health code, 1978 2 PA 368, MCL 333.6107, and designated by the administrator of sub- 3 stance abuse services, and may be ordered to perform community 4 service and to undergo substance abuse screening and assessment 5 at his or her own expense as described in subsection (3). 6 (b) For a violation of this subsection following a prior 7 conviction or juvenile adjudication for a violation of this sub- 8 section or section 33b(1) of former 1933 (Ex Sess) PA 8, a fine 9 of not more than $200.00, and may be ordered to participate in 10 substance abuse prevention SERVICES or substance abuse treatment 11 and rehabilitation services as defined in section 6107 of the 12 public health code, 1978 PA 368, MCL 333.6107, and designated by 13 the administrator of substance abuse services, to perform commu- 14 nity service, and to undergo substance abuse screening and 15 assessment at his or her own expense as described in subsection 16 (3). 17 (c) For a violation of this subsection following 2 or more 18 prior convictions or juvenile adjudications for a violation of 19 this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, 20 a fine of not more than $500.00, and may be ordered to partici- 21 pate in substance abuse prevention SERVICES or substance abuse 22 treatment and rehabilitation services as defined in section 6107 23 of the public health code, 1978 PA 368, MCL 333.6107, and desig- 24 nated by the administrator of substance abuse services, to per- 25 form community service, and to undergo substance abuse screening 26 and assessment at his or her own expense as described in 27 subsection (3). 04648'01 3 1 (2) A person who furnishes fraudulent identification to a 2 minor,or, notwithstanding subsection (1), a minor who uses 3 fraudulent identification to purchase alcoholic liquor,is 4 guilty of a misdemeanor punishable by imprisonment for not more 5 than 93 days or a fine of not more than $100.00, or both. 6 (3) The court may order the person convicted of violating 7 subsection (1) to undergo screening and assessment by a person or 8 agency as designated by the substance abuse coordinating agency 9 as defined in section 6103 of the public health code, 1978 10 PA 368, MCL 333.6103, in order to determine whether the person is 11 likely to benefit from rehabilitative services, including alcohol 12 or drug education and alcohol or drug treatment programs. 13 (4) The secretary of state shall suspend the operator's or 14 chauffeur's license of an individual convicted of violating sub- 15 section (1) or (2) as provided in section 319 of the Michigan 16 vehicle code, 1949 PA 300, MCL 257.319. 17 (5) A peace officer who has reasonable cause to believe a 18 minor has consumed alcoholic liquor may require the person to 19 submit to a preliminary chemical breath analysis. A peace offi- 20 cer may arrest a person based in whole or in part upon the 21 results of a preliminary chemical breath analysis. The results 22 of a preliminary chemical breath analysis or other acceptable 23 blood alcohol test are admissible in a criminal prosecution to 24 determine whether the minor has consumed or possessed alcoholic 25 liquor. A minor who refuses to submit to a preliminary chemical 26 breath test analysis as required in this subsection is 04648'01 4 1 responsible for a state civil infraction and may be ordered to 2 pay a civil fine of not more than $100.00. 3 (6) A law enforcement agency, upon determining that a person 4 less than 18 years of age who is not emancipated under 1968 5 PA 293, MCL 722.1 to 722.6, allegedly consumed, possessed, pur- 6 chased, or attempted to consume, possess, or purchase alcoholic 7 liquor in violation of subsection (1) shall notify the parent or 8 parents, custodian, or guardian of the person as to the nature of 9 the violation if the name of a parent, guardian, or custodian is 10 reasonably ascertainable by the law enforcement agency. The 11 notice required by this subsection shall be made not later than 12 48 hours after the law enforcement agency determines that the 13 person who allegedly violated subsection (1) is less than 18 14 years of age and not emancipated under 1968 PA 293, MCL 722.1 to 15 722.6. The notice may be made by any means reasonably calculated 16 to give prompt actual notice including, but not limited to, 17 notice in person, by telephone, or by first-class mail. If an 18 individual less than 17 years of age is incarcerated for violat- 19 ing subsection (1), his or her parents or legal guardian shall be 20 notified immediately as provided in this subsection. 21 (7) This section does not prohibit a minor from possessing 22 alcoholic liquor during regular working hours and in the course 23 of his or her employment if employed by a person licensed by this 24 act, by the commission, or by an agent of the commission, if the 25 alcoholic liquor is not possessed for his or her personal 26 consumption. 04648'01 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 is5enrolled in a course offered by an accredited postsecondary edu-6cational institution in an academic building of the institution7under the supervision of a faculty member is not prohibited by8this act if the purpose of the consumption is solely educational9and is a requirement of the course.10 (9)(10)The consumption by a minor of sacramental wine in 11 connection with religious services at a church, synagogue, or 12 temple is not prohibited by this act. 13 (10)(11)Subsection (1) does not apply to a minor who 14 participates 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. 04648'01 6 1 (11)(12)The state police, the commission, or a local 2 police 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). 04648'01 Final page. 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