STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 859	By:	Halligan

AS INTRODUCED

An Act relating to intoxicating liquors; amending Section 1, Chapter 312, O.S.L. 2006, as amended by Section 2, Chapter 365, O.S.L. 2007 (37 O.S. Supp. 2010, Section 8.2), which relates to permitting certain person to possess or consume certain alcohol or substances; making certain prohibited actions age specific; adding low-point beer to certain prohibited actions; providing additional penalties; allowing certain municipal ordinance prosecution in addition to state prosecution; making certain actions a rebuttable presumption; stating what certain term includes; stating certain defense shall not relieve certain liability for a violation under certain circumstances; stating availability of certain defense does not affect availability of certain other defense; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 312, O.S.L. 2006, as amended by Section 2, Chapter 365, O.S.L. 2007 (37 O.S. Supp. 2010, Section 8.2), is amended to read as follows:
Section 8.2  A.  No person shall knowingly ~~and willfully~~ permit or allow any individual under twenty-one (21) years of age who is ~~an invitee to~~ at the person’s residence, any building, structure, or room owned, occupied, leased or otherwise procured by the person or on any land owned, occupied, leased or otherwise procured by the person, to possess or consume any alcoholic beverage as defined by Section 506 of ~~Title 37 of the Oklahoma Statutes~~ this title, any low-point beer as defined by Section 163.2 of this title, any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, or any combination thereof, in such place.
B.  Except as provided for in subsection C of this section, any person convicted of a first violation of this section shall be guilty of a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.  Any person convicted of a second violation shall be guilty of a misdemeanor and shall be punished by a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.  Any person convicted of a third or subsequent violation shall be guilty of a felony and shall be punished by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00)  and not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the custody of the Department of Corrections for not more than five (5) years, or by both such fine and imprisonment.
C.  Any person who violates this section, and such actions cause great bodily injury or the death of a person, shall, in addition to any other penalty provided by law, be guilty of a felony, punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years, a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment.
D.  In addition to the penalties provided in subsections B and C of this section, when a violation of this section occurs within the jurisdiction of any municipality, the violator may be charged and prosecuted for a violation of any other municipal ordinance which shall be in addition to and a separate offense from the prosecution for a violation of the provisions of this section.
E.  There shall be a rebuttable presumption to any action brought pursuant to this section for any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises who takes reasonable steps to prevent the consumption of any alcoholic beverage as defined by Section 506 of this title, any low-point beer as defined by Section 163.2 of this title, any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, or any combination thereof, by any individual under the age of twenty-one (21) at the gathering.  Reasonable steps include controlling access to alcoholic beverages and low-point beer at the gathering, controlling the quantity of alcoholic beverages and low-point beer, verifying the age of all individuals attending the gathering by inspecting driver licenses or other government-issued identification cards to ensure that individuals under the age of twenty-one (21) do not consume alcoholic beverages and low-point beer while at the gathering, ensuring no controlled dangerous substances are present at the gathering and supervising the activities of the individuals at the gathering.
Provided, that this defense shall not relieve from liability any person cited for a violation of this section if such person failed to exercise reasonable diligence in taking the steps outlined above.  The availability of the defense described in this subsection does not affect the availability of any other defense under any other provision of law.
SECTION 2.  This act shall become effective November 1, 2011.

53-1-103	MD	1/20/2011 3:04:59 PM