SB-0332, As Passed House, December 6, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 332

     A bill to amend 1998 PA 58, entitled

"Michigan liquor control code of 1998,"

by amending section 703 (MCL 436.1703), as amended by 2012 PA 125.

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 responsible for a state civil

infraction or guilty of a misdemeanor punishable by the following

fines and sanctions as follows and is not subject to the penalties

prescribed in section 909:

     (a) For the first violation, by the minor is responsible for a

fine of state civil infraction and shall be fined not more than

$100.00. A court may order a minor under this subdivision to

participate in substance abuse prevention services or substance

abuse treatment and rehabilitation use disorder services as defined

in section 6107 6230 of the public health code, 1978 PA 368, MCL

333.6107, 333.6230, and designated by the administrator of the

office of substance abuse services, and may order that the minor to

perform community service and to undergo substance abuse screening

and assessment at his or her own expense as described in subsection

(5). A minor may be found responsible or admit responsibility only

once under this subdivision.

     (b) For a second violation of If a violation of this

subsection occurs after 1 prior judgment, 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, the minor is guilty of a misdemeanor. A

misdemeanor under this subdivision is punishable by imprisonment

for not more than 30 days but only if the court finds that the

minor 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, by a fine of not more than $200.00, or both.

A court may order a minor under this subdivision to participate in

substance abuse prevention services or substance abuse treatment

and rehabilitation use disorder services as defined in section 6107

6230 of the public health code, 1978 PA 368, MCL 333.6107,

333.6230, and designated by the administrator of the office 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 (5).

     (c) For a third or subsequent violation If a violation of this

subsection occurs after 2 or more prior judgments, 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, the minor is guilty

of a misdemeanor. A misdemeanor under this subdivision is

punishable by imprisonment for not more than 60 days, but only if

the court finds that the minor 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, by a fine of not more

than $500.00, or both, as applicable. A court may order a minor

under this subdivision to participate in substance abuse prevention

services or substance abuse treatment and rehabilitation use

disorder services as defined in section 6107 6230 of the public

health code, 1978 PA 368, MCL 333.6107, 333.6230, and designated by

the administrator of the office 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

(5).

     (2) An individual 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 If an individual who has not previously been

convicted of or received a juvenile adjudication for a violation of

subsection (1) pleads guilty to a misdemeanor violation of

subsection (1) (1)(b) or offers a plea of admission in a juvenile

delinquency proceeding for a misdemeanor violation of subsection

(1), (1)(b), 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. The terms and conditions of that probation

include, but are not limited to, the sanctions set forth in

subsection (1)(a), (1)(c), 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. If a court finds that an individual violated a term or

condition of probation or 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. If an individual fulfills the terms and conditions

of probation, the court shall discharge the individual and dismiss

the proceedings. Discharge A discharge and dismissal under this

section shall be is 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 disqualifications or

disabilities imposed by law upon on conviction of a crime. An

individual may obtain only 1 discharge and dismissal under this

subsection. The court shall maintain a nonpublic record of the

matter while proceedings are deferred and the individual is on

probation and if there is a discharge and dismissal under this

subsection. The secretary of state shall retain a nonpublic record

of a plea and of the discharge and dismissal under this subsection.

These records shall be furnished to any of the following:

     (a) To a court, prosecutor, or police agency upon on 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 on 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) A misdemeanor violation of subsection (1) successfully

deferred, discharged, and dismissed under subsection (3) is

considered a prior violation judgment for the purposes of

subsection (1)(b) and (c).(1)(c).

     (5) A court may order an individual found responsible for or

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 department-

designated community mental health entity as defined in section

100a of the mental health code, 1974 PA 258, MCL 330.1100a, to

determine whether the individual is likely to benefit from

rehabilitative services, including alcohol or drug education and

alcohol or drug treatment programs. A court may order an individual

subject to a misdemeanor conviction or juvenile adjudication of, or

placed on probation regarding, a violation of subsection (1) to

submit to a random or regular preliminary chemical breath analysis.

The parent, guardian, or custodian of a minor under who is less

than 18 years of age and not emancipated under 1968 PA 293, MCL

722.1 to 722.6, may request a random or regular preliminary

chemical breath analysis as part of the probation.

     (6) The secretary of state shall suspend the operator's or

chauffeur's license of an individual convicted of violating a

second or subsequent violation of subsection (1) or of violating

subsection (2) as provided in section 319 of the Michigan vehicle

code, 1949 PA 300, MCL 257.319.

     (7) A peace officer who has reasonable cause to believe a

minor has consumed alcoholic liquor or has any bodily alcohol

content may require request that individual to submit to a

preliminary chemical breath analysis. A peace officer may arrest an

individual 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 state civil infraction proceeding or criminal

prosecution to determine whether if 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.

     (8) A law enforcement agency, upon on determining that an

individual who is less than 18 years of age who is and not

emancipated under 1968 PA 293, MCL 722.1 to 722.6, allegedly

consumed, possessed, or 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 individual 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 law enforcement agency shall notify the parent,

guardian, or custodian not later than 48 hours after the law

enforcement agency determines that the individual 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 law

enforcement agency may notify the parent, guardian, or custodian 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.

     (9) 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.

     (10) The following individuals are not considered to be in

violation of subsection (1):

     (a) A minor who has consumed alcoholic liquor and who

voluntarily presents himself or herself to a health facility or

agency for treatment or for observation including, but not limited

to, medical examination and treatment for any condition arising

from a violation of sections 520b to 520g of the Michigan penal

code, 1931 PA 328, MCL 750.520b to 750.520g, committed against a

minor.

     (b) A minor who accompanies an individual who meets both of

the following criteria:

     (i) Has consumed alcoholic liquor.

     (ii) Voluntarily presents himself or herself to a health

facility or agency for treatment or for observation including, but

not limited to, medical examination and treatment for any condition

arising from a violation of sections 520b to 520g of the Michigan

penal code, 1931 PA 328, MCL 750.520b to 750.520g, committed

against a minor.

     (c) A minor who initiates contact with a peace officer or

emergency medical services personnel for the purpose of obtaining

medical assistance for a legitimate health care concern.

     (11) If a minor under the age of who is less than 18 years of

age and who is not emancipated under 1968 PA 293, MCL 722.1 to

722.6, voluntarily presents himself or herself to a health facility

or agency for treatment or for observation as provided under

subsection (10), the health facility or agency shall notify the

parent or parents, guardian, or custodian of the individual as to

the nature of the treatment or observation if the name of a parent,

guardian, or custodian is reasonably ascertainable by the health

facility or agency.

     (12) This section does not limit the civil or criminal

liability of a vendor or the vendor's clerk, servant, agent, or

employee for a violation of this act.

     (13) 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.

     (14) 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.

     (15) 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.

     (16) 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 701(1), or section 801(2).

     (17) 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.

     (18) As used in this section:

     (a) "Any bodily alcohol content" means either of the

following:

     (i) 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.

     (ii) 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.

     (b) "Emergency medical services personnel" means that term as

defined in section 20904 of the public health code, 1978 PA 368,

MCL 333.20904.

     (c) "Health facility or agency" means that term as defined in

section 20106 of the public health code, 1978 PA 368, MCL

333.20106.

     (d) "Prior judgment" means a conviction, juvenile

adjudication, finding of responsibility, or admission of

responsibility for any of the following, whether under a law of

this state, a local ordinance substantially corresponding to a law

of this state, a law of the United States substantially

corresponding to a law of this state, or a law of another state

substantially corresponding to a law of this state:

     (i) This section or section 701 or 707.

     (ii) Section 624a, 624b, or 625 of the Michigan vehicle code,

1949 PA 300, MCL 257.624a, 257.624b, and 257.625.

     (iii) Section 80176, 81134, or 82127 of the natural resources

and environmental protection act, 1994 PA 451, MCL 324.80176,

324.81134, and 324.82127.

     (iv) Section 167a or 237 of the Michigan penal code, 1939 PA

328, MCL 750.167a and 750.237.

     Enacting section 1. This amendatory act takes effect January

1, 2018.