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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 - 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
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