Bill No.: HB0013                  Drafter:  JHR

LSO No.:  10LSO-0067              Effective Date:  7/1/2010

Enrolled Act No.:  HEA0006

Chapter No.:       6

Prime Sponsor:     Joint Judiciary Interim Committee

Catch Title:       Underage drinking.

Subject:  Creates and expands offenses for persons under age 21 who attempt or gain admittance to liquor dispensing rooms or drive-in liquor areas as specified.

Summary/Major Elements:

· Under current law, it is sometimes difficult to prosecute a person under age 21 years who has consumed alcohol unless it can be proven that the alcohol consumed was an alcoholic liquor or malt beverage.

· This bill:

o Distinguishes between possession, purchase and solicitation to purchase an alcoholic beverage or malt liquor and the consumption of ethyl alcohol, the latter of which is a more generic term that a prosecutor may use to prosecute consumption;

o Specifies the acts by a person under age 21 years that would constitute a crime relating to purchase,  solicitation to purchase or possession of alcoholic liquor or malt beverage, or the consumption or having a measurable alcohol concentration in his body;

o Provides exceptions for possession or consumption by such persons who are in the physical presence of a parent, spouse or legal guardian who is age 21 or older, are participating as part of religious services, and for medicinal purposes under specified conditions;

o Provides exceptions to allow possession by a person under age 21 when delivering or serving such products pursuant to employment, or who is a licensee under Title 12 of the statutes;

o Defines "ethyl alcohol".