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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 or3other alcohol and tobacco laws; except that a juvenile violator under the age4of fourteen (14) years at the time of the violation may, at the discretion of5the 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,15beer, wine or other alcohol or tobaccoviolator, 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.MINORSUNDERAGE 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 agewho 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 wineareis 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 personviolatingwho 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 a32minor shall constitute a misdemeanor and shall be punishable by imprisonment33in an appropriate facility not exceeding six (6) months, a fine not exceeding34three 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 courtand 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 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