Bill Text: OR SB466 | 2013 | Regular Session | Introduced

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Bill Title: Relating to violations of alcohol laws by underage persons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB466 Detail]

Download: Oregon-2013-SB466-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3069

                         Senate Bill 466

Sponsored by Senator KRUSE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires law enforcement agency to make reasonable effort to
notify parent or guardian if agency issues citation to person
under 18 years of age for attempting to purchase, purchasing,
acquiring or possessing alcoholic beverage.

                        A BILL FOR AN ACT
Relating to violations of alcohol laws by underage persons;
  creating new provisions; and amending ORS 471.430.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.430 is amended to read:
  471.430. (1) A person under 21 years of age may not attempt to
purchase, purchase or acquire alcoholic beverages. Except when
such minor is in a private residence accompanied by the parent or
guardian of the minor and with such parent's or guardian's
consent, a person under 21 years of age may not have personal
possession of alcoholic beverages.
  (2) For the purposes of this section, personal possession of
alcoholic beverages includes the acceptance or consumption of a
bottle of such beverages, or any portion thereof or a drink of
such beverages. However, this section does not prohibit the
acceptance or consumption by any person of sacramental wine as
part of a religious rite or service.
  (3) Except as authorized by rule or as necessitated in an
emergency, a person under 21 years of age may not enter or
attempt to enter any portion of a licensed premises that is
posted or otherwise identified as being prohibited to the use of
minors.
  (4)(a) Except as provided in paragraph (b) of this subsection,
a person who violates subsection (1) or (3) of this section
commits a Class B violation.
  (b) A person commits a Class A violation if the person violates
subsection (1) of this section by reason of personal possession
of alcoholic beverages while the person is operating a motor
vehicle, as defined in ORS 801.360.
   { +  (5) If a person under 18 years of age is cited for
violation of subsection (1) of this section, the law enforcement
agency issuing the citation shall make a reasonable effort to
inform the person's parent or guardian of the citation within 24
hours after issuance of the citation. + }
    { - (5) - }  { +  (6) + } In addition to and not in lieu of
any other penalty established by law, a person under 21 years of
age who violates subsection (1) of this section through
misrepresentation of age may be required to perform community
service and the court shall order that the person's driving
privileges and right to apply for driving privileges be suspended
for a period not to exceed one year. If a court has issued an
order suspending driving privileges under this section, the
court, upon petition of the person, may withdraw the order at any
time the court deems appropriate. The court notification to the
Department of Transportation under this subsection may include a
recommendation that the person be granted a hardship permit under
ORS 807.240 if the person is otherwise eligible for the permit.
    { - (6) - }  { +  (7) + } If a person cited under this
section is at least 13 years of age but less than 21 years of age
at the time the person is found in default under ORS 153.102 or
419C.472 for failure to appear, in addition to and not in lieu of
any other penalty, the court shall issue notice under ORS 809.220
to the department for the department to suspend the person's
driving privileges under ORS 809.280 (4).
    { - (7) - }  { +  (8) + } In addition to and not in lieu of
any penalty established by law, the court may order a person who
violates this section to undergo assessment and treatment as
provided in ORS 471.432. The court shall order a person to
undergo assessment and treatment as provided in ORS 471.432 if
the person has previously been found to have violated this
section.
    { - (8) - }  { +  (9) + } The prohibitions of this section do
not apply to a person under 21 years of age who is acting under
the direction of the Oregon Liquor Control Commission or under
the direction of state or local law enforcement agencies for the
purpose of investigating possible violations of laws prohibiting
sales of alcoholic beverages to persons who are under 21 years of
age.
    { - (9) - }  { +  (10) + } The prohibitions of this section
do not apply to a person under 21 years of age who is acting
under the direction of a licensee for the purpose of
investigating possible violations by employees of the licensee of
laws prohibiting sales of alcoholic beverages to persons who are
under 21 years of age.
  SECTION 2.  { + The amendments to ORS 471.430 by section 1 of
this 2013 Act apply to citations issued on or after the effective
date of this 2013 Act. + }
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