2002 Legislation
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HOUSE BILL NO. 496 – Alcohol/tobacco violations/underage

HOUSE BILL NO. 496

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H0496................................by JUDICIARY, RULES AND ADMINISTRATION
ALCOHOL/TOBACCO VIOLATIONS - Amends existing law to strike a restriction on
juvenile court jurisdictions in regard to underage alcohol and tobacco
violations by juveniles; to strike a restriction on transfers of certain
types of juvenile cases; to provide alcohol violations which apply to
persons who have attained eighteen years of age, but are under twenty-one
years of age; to provide alcohol violations which apply to persons under
eighteen years of age; to clarify the alcohol related violations which
constitute misdemeanors; to clarify and extend the restrictions on the use
of certain information for the purpose of motor vehicle insurance; to
clarify the application of additional penalties; and to provide penalty
provisions for tobacco violations by minors.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 496
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO UNDERAGE ALCOHOL AND TOBACCO VIOLATIONS; AMENDING SECTION  20-505,
  3        IDAHO  CODE,  TO  STRIKE  A  RESTRICTION ON JUVENILE COURT JURISDICTION IN
  4        REGARD TO CERTAIN TYPES OF JUVENILE CASES AND TO MAKE A TECHNICAL  CORREC-
  5        TION;  AMENDING  SECTION  20-506,  IDAHO  CODE, TO STRIKE A RESTRICTION ON
  6        TRANSFERS OF CERTAIN TYPES OF JUVENILE CASES TO JUVENILE COURT FROM  OTHER
  7        COURTS;  AMENDING  SECTION 23-604, IDAHO CODE, TO PROVIDE FOR UNDERAGE USE
  8        OF ALCOHOL BEVERAGES, TO PROVIDE THAT CERTAIN ALCOHOL  RELATED  VIOLATIONS
  9        APPLY TO PERSONS WHO HAVE ATTAINED EIGHTEEN YEARS OF AGE BUT WHO ARE UNDER
 10        THE  AGE  OF  TWENTY-ONE  YEARS AND TO PROVIDE FOR CERTAIN ALCOHOL RELATED
 11        VIOLATIONS BY PERSONS UNDER THE AGE OF EIGHTEEN  YEARS;  AMENDING  SECTION
 12        23-949,  IDAHO  CODE,  TO PROVIDE THAT CERTAIN ALCOHOL RELATED MISDEMEANOR
 13        VIOLATIONS APPLY TO PERSONS WHO HAVE ATTAINED EIGHTEEN YEARS  OF  AGE  BUT
 14        WHO ARE UNDER THE AGE OF TWENTY-ONE YEARS AND TO PROVIDE FOR CERTAIN ALCO-
 15        HOL  RELATED  VIOLATIONS BY PERSONS UNDER THE AGE OF EIGHTEEN YEARS AND TO
 16        MAKE A TECHNICAL CORRECTION; AMENDING  SECTION  18-1502,  IDAHO  CODE,  TO
 17        CLARIFY  THE  ALCOHOL  RELATED VIOLATIONS THAT CONSTITUTE MISDEMEANORS, TO
 18        CLARIFY AND EXTEND THE RESTRICTIONS ON USE OF CERTAIN INFORMATION FOR  THE
 19        PURPOSE  OF MOTOR VEHICLE INSURANCE, TO CLARIFY THE APPLICATION OF CERTAIN
 20        ADDITIONAL PENALTIES AND TO PROVIDE FOR CERTAIN ALCOHOL RELATED VIOLATIONS
 21        BY PERSONS UNDER THE AGE OF  EIGHTEEN  YEARS;  AMENDING  SECTION  39-5703,
 22        IDAHO  CODE,  TO  PROVIDE  PENALTY  PROVISIONS  FOR  TOBACCO VIOLATIONS BY
 23        MINORS; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION 1.  That Section 20-505, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        20-505.  JURISDICTION.  Subject  to  the  prior jurisdiction of the United
 28    States, the court shall have exclusive, original jurisdiction over  any  juve-
 29    nile and over any adult who was a juvenile at the time of any act, omission or
 30    status, in the county in which the juvenile resides, or in the county in which
 31    the act, omission or status allegedly took place, in the following cases:
 32        (1)  Where  the  act,  omission or status is prohibited by federal, state,
 33    local or municipal law or ordinance by reason of minority only, regardless  of
 34    where the same occurred;
 35        (2)  Where the act or omission is a violation of any federal, state, local
 36    or municipal law or ordinance which would be a crime if committed by an adult,
 37    regardless  of  where  the same occurred, except traffic, watercraft, fish and
 38    game, failure to obey a misdemeanor citation and criminal contempt violations.
 39    A juvenile violator under the age of fourteen (14) years at the  time  of  the
 40    violation may, at the discretion of the court, be treated under the provisions
 41    of this chapter;
 42        (3)  Concerning any juvenile where the juvenile comes under the purview of
 43    the  interstate  compact  on  juveniles  as set forth in chapter 19, title 16,
                                                                        
                                           2
                                                                        
  1    Idaho Code;
  2        (4)  This chapter shall not apply to juvenile violators of beer,  wine  or
  3    other  alcohol and tobacco laws; except that a juvenile violator under the age
  4    of fourteen (14) years at the time of the violation may, at the discretion  of
  5    the court, be treated under the provisions of this chapter;
  6        (5)  This  chapter  shall  not  apply to the violent juvenile offender, as
  7    defined in this chapter; (6).
                                                                        
  8        SECTION 2.  That Section 20-506, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        20-506.  TRANSFER  FROM OTHER COURTS. If during the pendency of a criminal
 11    or quasi-criminal charge against any juvenile in any other court, it shall  be
 12    ascertained  that the juvenile was under the age of eighteen (18) years at the
 13    time of committing the alleged offense, except where such  juvenile  has  left
 14    the  state,  or where said charge is that such juvenile is a juvenile traffic,
 15    beer, wine or other alcohol or tobacco violator, or is within the  purview  of
 16    section 20-508(1)(a) or (1)(b), Idaho Code, it shall be the duty of such court
 17    forthwith  to  transfer  the case, together with all the papers, documents and
 18    testimony connected therewith, to the court having jurisdiction over the juve-
 19    nile with respect to the offense charged. The court making such transfer shall
 20    order the juvenile to be taken forthwith to the court to which the transfer is
 21    being made or place of detention designated by the court or shall release  the
 22    juvenile to the custody of some suitable person to be brought before the court
 23    at  a  time  designated. The court to which the case is transferred shall then
 24    proceed as provided in this act.
                                                                        
 25        SECTION 3.  That Section 23-604, Idaho Code, be, and the  same  is  hereby
 26    amended to read as follows:
                                                                        
 27        23-604.  MINORS UNDERAGE USE OF ALCOHOL BEVERAGES -- PURCHASE, CONSUMPTION
 28    OR  POSSESSION PROHIBITED. (1) Any person who has attained the age of eighteen
 29    (18) years but who is under the age of twenty-one (21) years, of age who shall
 30    purchase, attempt to purchase, or otherwise consume  or  possess  any  alcohol
 31    beverage,  including any distilled spirits, beer or wine, shall be guilty of a
 32    misdemeanor and shall be punished according to the schedule set out in section
 33    18-1502, Idaho Code.
 34        (2)  Any person under eighteen (18)  years  of  age  who  shall  purchase,
 35    attempt  to  purchase,  or  otherwise consume or possess any alcohol beverage,
 36    including any distilled spirits, beer or wine, shall be considered a  juvenile
 37    within  the  purview  of  chapter  5, title 20, Idaho Code. In addition to any
 38    other sentencing alternatives specified in section 20-520, Idaho Code, includ-
 39    ing fees and charges imposed pursuant to subsections (1)(o) and (1)(p) of sec-
 40    tion 20-520, Idaho Code, the court shall require the juvenile to pay a fine of
 41    not more than one thousand dollars ($1,000), which shall  be  apportioned  and
 42    allocated in accordance with section 19-4705, Idaho Code. The court shall also
 43    require  the  juvenile  to  pay  all other fees, costs, charges, surcharges or
 44    reimbursements that apply to those individuals charged and convicted of misde-
 45    meanor offenses for a violation of subsection (1) of this section.  Any  peace
 46    officer  may  issue  a  citation  for  violation of this subsection that shall
 47    thereafter proceed pursuant to the provisions of chapter 5,  title  20,  Idaho
 48    Code,  in  the  same manner as though the violation was charged by a petition.
 49    Citations shall be issued on the Idaho uniform citation form. The peace  offi-
 50    cer issuing a citation may detain the juvenile and at the time the citation is
 51    issued  shall  make  a  reasonable  effort  to  obtain  the endorsement of the
                                                                        
                                           3
                                                                        
  1    juvenile's parent or legal guardian on the citation. If the endorsement  of  a
  2    parent  or  legal  guardian cannot be obtained with the exercise of reasonable
  3    diligence, a copy of the citation shall be hand delivered  or  mailed  to  the
  4    juvenile's parent or legal guardian by a peace officer at least seven (7) days
  5    prior  to  the date set for the juvenile's appearance. The citation shall pro-
  6    vide a date certain for the appearance before the court of  the  juvenile  and
  7    the  juvenile's  parent  or  legal guardian. The court shall have jurisdiction
  8    over the parent or legal guardian of the juvenile pursuant to section  20-522,
  9    Idaho  Code. The court may waive the report provided for in section 20-520(1),
 10    Idaho Code.
                                                                        
 11        SECTION 4.  That Section 23-949, Idaho Code, be, and the  same  is  hereby
 12    amended to read as follows:
                                                                        
 13        23-949.  PERSONS  NOT  ALLOWED  TO  PURCHASE, POSSESS, SERVE, DISPENSE, OR
 14    CONSUME BEER, WINE OR OTHER ALCOHOLIC LIQUOR. (1) It is unlawful for any  per-
 15    son  under  the age of twenty-one (21) years to purchase, attempt to purchase,
 16    possess, serve, dispense, or consume beer, wine  or  other  alcoholic  liquor;
 17    provided,  however, that any person who is nineteen (19) years of age or older
 18    may sell, serve, possess and dispense liquor, beer or wine in  the  course  of
 19    his employment in any place as defined in section 23-942, Idaho Code, or other
 20    place where liquor, beer or wine are is lawfully present so long as such place
 21    is the place of employment for such person under twenty-one (21) years of age.
 22        (2)  For  purposes  of  this  section,  a  person  shall also be deemed to
 23    "possess" alcohol that has been consumed by the person, without regard to  the
 24    place of consumption.
 25        (3)  Any  person violating who has attained the age of eighteen (18) years
 26    but who is under the age of twenty-one (21) years, that  violates  the  provi-
 27    sions  of  this  section shall be guilty of a misdemeanor punishable in accor-
 28    dance with the schedule set forth in section 18-1502, Idaho Code.
 29        (4)  Any person under eighteen (18) years of age who violates  the  provi-
 30    sions  of  this  section  shall be considered a juvenile within the purview of
 31    chapter 5, title 20, Idaho Code. In addition to any other sentencing  alterna-
 32    tives  specified  in  section  20-520,  Idaho Code, including fees and charges
 33    imposed pursuant to subsections (1)(o) and (1)(p)  of  section  20-520,  Idaho
 34    Code,  the court shall require the juvenile to pay a fine of not more than one
 35    thousand dollars ($1,000), which shall be apportioned and allocated in  accor-
 36    dance with section 19-4705, Idaho Code. The court shall also require the juve-
 37    nile  to pay all other fees, costs, charges, surcharges or reimbursements that
 38    apply to those individuals charged and convicted of misdemeanor offenses  pur-
 39    suant to this section. Any peace officer may issue a citation for violation of
 40    this  subsection  that  shall thereafter proceed pursuant to the provisions of
 41    chapter 5, title 20, Idaho Code, in the same manner as  though  the  violation
 42    was  charged  by  a  petition.  Citations shall be issued on the Idaho uniform
 43    citation form. The peace officer issuing a citation may  detain  the  juvenile
 44    and  at  the  time  the  citation  is issued shall make a reasonable effort to
 45    obtain the endorsement of the juvenile's parent or legal guardian on the cita-
 46    tion. If the endorsement of a parent or legal guardian cannot be obtained with
 47    the exercise of reasonable diligence, a copy of the  citation  shall  be  hand
 48    delivered  or  mailed  to  the  juvenile's parent or legal guardian by a peace
 49    officer at least seven (7) days prior to  the  date  set  for  the  juvenile's
 50    appearance.  The  citation  shall  provide  a  date certain for the appearance
 51    before the court of the juvenile and the juvenile's parent or legal  guardian.
 52    The  court  shall  have  jurisdiction over the parent or legal guardian of the
 53    juvenile pursuant to section 20-522, Idaho  Code.  The  court  may  waive  the
                                                                        
                                           4
                                                                        
  1    report provided for in section 20-520(1), Idaho Code.
                                                                        
  2        SECTION  5.  That  Section 18-1502, Idaho Code, be, and the same is hereby
  3    amended to read as follows:
                                                                        
  4        18-1502.  BEER, WINE OR OTHER ALCOHOL AGE VIOLATIONS -- FINES.  (a)  When-
  5    ever a person is in violation, on the basis of his age, of any federal, state,
  6    or  municipal law or ordinance pertaining to the use, possession, procurement,
  7    or attempted procurement, or dispensing of any beer, wine or  other  alcoholic
  8    beverage product, the violation shall constitute a misdemeanor, except as pro-
  9    vided by subsection (e) of this section.
 10        (b)  Every  person  convicted of a misdemeanor under this section shall be
 11    punished by a fine of not more than one thousand dollars ($1,000). The  second
 12    conviction under this section shall be punished by a fine of not more than two
 13    thousand  dollars  ($2,000),  or  up  to thirty (30) days in jail or both. The
 14    third and subsequent conviction under this section shall be punished by a fine
 15    of not more than three thousand dollars ($3,000), or up to sixty (60) days  in
 16    jail or both.
 17        (c)  A  conviction under subsection (a) of this section, or any proceeding
 18    under subsection (e) of this section, shall not be used or considered  in  any
 19    manner for purposes of motor vehicle insurance.
 20        (d)  Whenever  a  person pleads guilty or is found guilty of violating any
 21    law pertaining to the possession, use, procurement, attempted  procurement  or
 22    dispensing of any beer, wine, or other alcoholic beverage, and such person had
 23    attained the age of eighteen (18) years but was under twenty-one (21) years of
 24    age at the time of such violation, then in addition to the penalty provided in
 25    subsection (b) of this section:
 26        (1)  The  court shall suspend the person's driving privileges for a period
 27        of not more than one (1) year. The person may request  restricted  driving
 28        privileges  during the period of suspension, which the court may allow, if
 29        the person shows by a preponderance of the evidence  that  driving  privi-
 30        leges are necessary as deemed appropriate by the court.
 31        (2)  If  the  person's  driving  privileges have been previously suspended
 32        under this section, the court shall suspend the  person's  driving  privi-
 33        leges  for a period of not more than two (2) years. The person may request
 34        restricted driving privileges during the period of suspension,  which  the
 35        court  may  allow,  if the person shows by a preponderance of the evidence
 36        that driving privileges are necessary as deemed appropriate by the court.
 37        (3)  The person shall surrender his license or permit to the court.
 38        (4)  The court shall notify the motor vehicle division of the Idaho trans-
 39        portation department of all orders of suspension  it  issues  pursuant  to
 40        this section.
 41        (5)  The  court,  in  its discretion, may also order the person to undergo
 42        and complete an alcohol evaluation and to complete an alcohol treatment or
 43        education program in the same manner that persons  sentenced  pursuant  to
 44        section 18-8005, Idaho Code, are required to undergo and complete.
 45        (e)  Any  person  under eighteen (18) years of age who violates the provi-
 46    sions of this section shall be considered a juvenile  within  the  purview  of
 47    chapter  5, title 20, Idaho Code. In addition to any other sentencing alterna-
 48    tives specified in section 20-520, Idaho  Code,  including  fees  and  charges
 49    imposed  pursuant  to  subsections  (1)(o) and (1)(p) of section 20-520, Idaho
 50    Code, the court shall require the juvenile to pay a fine of not more than  one
 51    thousand  dollars ($1,000), which shall be apportioned and allocated in accor-
 52    dance with section 19-4705, Idaho Code. The court shall also require the juve-
 53    nile to pay all other fees, costs, charges, surcharges or reimbursements  that
                                                                        
                                           5
                                                                        
  1    apply to those individuals charged and convicted of misdemeanor  offenses pur-
  2    suant to this section. Any peace officer may issue a citation for violation of
  3    this  subsection  that  shall thereafter proceed pursuant to the provisions of
  4    chapter 5, title 20, Idaho Code, in the same manner as  though  the  violation
  5    was  charged  by  a  petition.  Citations shall be issued on the Idaho uniform
  6    citation form. The peace officer issuing a citation may  detain  the  juvenile
  7    and  at  the  time  the  citation  is issued shall make a reasonable effort to
  8    obtain the endorsement of the juvenile's parent or legal guardian on the cita-
  9    tion. If the endorsement of a parent or legal guardian cannot be obtained with
 10    the exercise of reasonable diligence, a copy of the  citation  shall  be  hand
 11    delivered  or  mailed  to  the  juvenile's parent or legal guardian by a peace
 12    officer at least seven (7) days prior to  the  date  set  for  the  juvenile's
 13    appearance.  The  citation  shall  provide  a  date certain for the appearance
 14    before the court of the juvenile and the juvenile's parent or legal  guardian.
 15    The  court  shall  have  jurisdiction over the parent or legal guardian of the
 16    juvenile pursuant to section 20-522, Idaho  Code.  The  court  may  waive  the
 17    report provided for in section 20-520(1), Idaho Code.
                                                                        
 18        SECTION  6.  That  Section 39-5703, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        39-5703.  POSSESSION, DISTRIBUTION OR USE BY A  MINOR.  (1)  It  shall  be
 21    unlawful  for  a minor to possess, receive, purchase, sell, distribute, use or
 22    consume tobacco products or to attempt any of the foregoing.
 23        (2)  It shall be unlawful for a minor to provide false identification,  or
 24    make  any  false statement regarding their age in an attempt to obtain tobacco
 25    products.
 26        (3)  A minor who is assisting with  a  random  unannounced  inspection  in
 27    accordance with this chapter shall not be in violation of this chapter.
 28        (4)  A  minor  may  possess but not sell or distribute tobacco products in
 29    the course of employment, for duties such as stocking shelves or carrying pur-
 30    chases to customers' vehicles.
 31        (5)  Penalties for violations by a minor. A violation of this chapter by a
 32    minor shall constitute a misdemeanor and shall be punishable  by  imprisonment
 33    in  an appropriate facility not exceeding six (6) months, a fine not exceeding
 34    three hundred dollars ($300), or both such fine and imprisonment.  Any  person
 35    who  violates  the  provisions  of this section shall be considered a juvenile
 36    within the purview of chapter 5, title 20, Idaho  Code.  In  addition  to  any
 37    other sentencing alternatives specified in section 20-520, Idaho Code, includ-
 38    ing fees and charges imposed pursuant to subsections (1)(o) and (1)(p) of sec-
 39    tion 20-520, Idaho Code, the court shall require the juvenile to pay a fine of
 40    not  more  than  three  hundred dollars ($300), which shall be apportioned and
 41    allocated in accordance with section 19-4705, Idaho Code. The court shall also
 42    require the juvenile to pay all other  fees,  costs,  charges,  surcharges  or
 43    reimbursements that would apply if the juvenile had been charged and convicted
 44    of  a  misdemeanor  offense for a violation of this section. Any peace officer
 45    may issue a citation for violation of this section that shall thereafter  pro-
 46    ceed  pursuant  to  the  provisions of chapter 5, title 20, Idaho Code, in the
 47    same manner as though the violation was charged by a petition. Citations shall
 48    be issued on the Idaho uniform citation form.  The  peace  officer  issuing  a
 49    citation  may detain the juvenile and at the time the citation is issued shall
 50    make a reasonable effort to obtain the endorsement of the juvenile's parent or
 51    legal guardian on the citation. If the endorsement of a parent or legal guard-
 52    ian cannot be obtained with the exercise of reasonable diligence,  a  copy  of
 53    the  citation  shall  be  hand delivered or mailed to the juvenile's parent or
                                                                        
                                           6
                                                                        
  1    legal guardian by a peace officer at least seven (7) days prior  to  the  date
  2    set  for  the juvenile's appearance. The citation shall provide a date certain
  3    for the appearance before the court of the juvenile and the juvenile's  parent
  4    or  legal guardian. The court shall have jurisdiction over the parent or legal
  5    guardian of the juvenile pursuant to section 20-522, Idaho Code, The court and
  6    may, in addition to the penalties provided herein, require the minor  and  the
  7    minor's  parents  or legal guardian to attend tobacco awareness programs or to
  8    perform community service in programs related to tobacco awareness. The  court
  9    may waive the report provided for in section 20-520(1), Idaho Code.
                                                                        
 10        SECTION  7.  This act shall be in full force and effect on and after Janu-
 11    ary 1, 2003.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                             RS 11647
This bill amends sections 20-505, 20-506, 23-604, 23-949, 18-1502, 
and 39-5703, Idaho Code, to transfer the prosecution and 
adjudication of misdemeanor tobacco and alcohol possession 
offenses committed by minors under the Juvenile Corrections 
Act, where more effective intervention, parent accountability, 
sentencing alternatives, and follow-up procedures for juveniles 
are available to the court. A transfer of these offenses under 
the Juvenile Correction Act will also result in improved 
coordination with other juvenile cases, which involve the same 
minor.

These offenses will be expeditiously charged under the Juvenile 
Corrections Act by way of a uniform citation rather than the 
formalistic petition, and the fine and fee revenue that otherwise 
would be generated if these violations were’ prosecuted as 
misdemeanors will be assessed in the Juvenile Court and transferred 
to the same state, county and local funds as though the juvenile 
had been charged and convicted of a misdemeanor offense under the 
present system.

This bill also provides for the discretionary waiver of juvenile 
sentencing reports and a delayed implementation date of January 1, 
2003 to minimize the impact of this legislation on court calendars 
and juvenile probation departments.


                         FISCAL NOTE

As noted above, the transfer of alcohol and tobacco offenses to the 
juvenile court will be revenue neutral and this bill is not expected 
to have a measurable impact on state or local funds.



Contact Person:
Representative Debbie Field
(208) 332-1000



Statement of Purpose/Fiscal Note		H 496