Report Title:

Intoxicating Liquor; Minors

 

Description:

Prohibits persons from using a false ID to enter premises that exclude persons under age 18 or 21.  For counties having a population of under 500,000 residents, establishes fines as an alternative to license suspension for persons under age 21 who consume or possess liquor or use a false ID.  (HB1058 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1058

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to intoxicating liquor.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 281-101.5, Hawaii Revised Statutes, is amended to read as follows:

     "§281-101.5  Prohibitions involving minors; penalty.  (a)  Any adult who provides or purchases liquor for consumption or use by a person under twenty-one years of age shall be guilty of the offense under section 712‑1250.5.

     (b)  No minor shall consume or purchase liquor and no minor shall consume or have liquor in the minor's possession or custody in any public place, public gathering, or public amusement, at any public beach or public park, or in any motor vehicle on a public highway; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:

     (1)  Possession or custody of liquor by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery;

     (2)  Possession, custody, or consumption of liquor by a minor in connection with the minor's authorized participation in religious ceremonies requiring such possession, custody, or consumption; or

     (3)  Any person between the ages of eighteen and twenty, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health to determine the level of incidence of liquor sales to minors.

     (c)  No minor shall falsify any identification or use any false identification or identification of another person or of a fictitious person for the purpose of buying or attempting to buy liquor [or], for the purpose of obtaining employment to sell or serve liquor on licensed premises[.], or for the purpose of gaining entry to the premises of a licensee that excludes minors or admits only a person who produces identification to prove the person is twenty-one years of age or older.

     (d)  Any person [under age]:

     (1)  Under eighteen years of age who violates this section shall be subject to the jurisdiction of the family court[. Any person age]; and

     (2)  Age eighteen to under age twenty-one who violates subsection (b) or (c) shall be guilty of a petty misdemeanor.  [The]

     (e)  Except as provided in subsection (f), the court shall order that any person under twenty-one years of age found to be in violation of this section shall have, in addition to any other disposition or sentencing provision permitted by law, the person's license to operate a motor vehicle, or the person's ability to obtain a license to operate a motor vehicle, suspended as follows:

     (1)  For licensed drivers, the driver's license shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment;

     (2)  For persons with a provisional license, the provisional license shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment;

     (3)  For persons with an instruction permit, the instruction permit shall be suspended for not less than one hundred and eighty days with exceptions to allow, at the discretion of the sentencing court, driving to and from school, school-sponsored activities, and employment; [or]

     (4)  For persons not licensed to drive, eligibility to obtain a driver's license, provisional license, or instruction permit shall be suspended until the age of seventeen or for one hundred and eighty days, at the discretion of the court; and

     (5)  Chapter 571 notwithstanding, in any case where a person under the age of eighteen violates this section, the family court judge may suspend the driver's license, provisional license, or instruction permit, or suspend the eligibility to obtain a driver's license, provisional license, or instruction permit in accordance with this section;

provided that the requirement to provide proof of financial responsibility pursuant to section 287-20 shall not be based upon a sentence imposed under paragraphs (1) and (2)[.  In addition, all].

     (f)  Section 706-640 notwithstanding, the court may instead of the penalties under subsection (e), impose the following fines on any person who violates subsection (b) or (c) in a county having a population of less than five hundred thousand residents:

     (1)  For a first offense, a fine of not less than $100 and not more than $250;

     (2)  For an offense that occurs within three years of a prior offense under subsection (b) or (c), a fine of not less than $250 and not more than $500; and

     (3)  For an offense that occurs within three years of two or more prior offenses under subsection (b) or (c), a fine of not less than $500 and not more than $1,000.

     (g)  All persons, whether or not licensed, found to be in violation of this section shall be sentenced to seventy-five hours of community service work, and an eight to twelve hour program of alcohol education and counseling the costs of which shall be borne by the offender or the offender's parent or guardian.

     [(e)] (h)  As used in this section, "consume" or "consumption" includes the ingestion of liquor."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2007.