72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3573
 
                           A-Engrossed
 
                         Senate Bill 895
                  Ordered by the Senate June 11
            Including Senate Amendments dated June 11
 
Sponsored by Senator MORRISETTE, Representative BUTLER
 
 
                             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.
 
  Increases criminal penalties for selling, giving or otherwise
providing alcoholic beverages to person under 21 years of age.
  { - Provides that, if minor to whom alcoholic beverages are
sold, given or otherwise made available consumes alcoholic
beverages and by reason of that consumption suffers injury or
death or causes injury or death to another person, person who
sold, gave or otherwise made alcoholic beverages available may be
punished by minimum 30 days' imprisonment and $10,000 fine or
maximum five years' imprisonment and $100,000 fine. - }
 
                        A BILL FOR AN ACT
Relating to alcoholic beverages; amending ORS 471.410.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 471.410 is amended to read:
  471.410. (1) No person shall sell, give or otherwise make
available any alcoholic   { - liquor - }  { +  beverage + } to
any person who is visibly intoxicated.
  (2) No one other than the person's parent or guardian shall
sell, give or otherwise make available any alcoholic
 { - liquor - }  { + beverage + } to a person under the age of 21
years. A person violates this subsection who sells, gives or
otherwise makes available  { + an + } alcoholic   { - liquor - }
 { +  beverage + } to a person with the knowledge that the person
to whom the   { - liquor - }  { +  alcoholic beverage + } is made
available will violate this subsection.
  (3) No person who exercises control over private real property
may knowingly allow any other person under the age of 21 years
who is not a child or minor ward of the person to consume
alcoholic   { - liquor - }  { +  beverages + } on the property,
or allow any other person under the age of 21 years who is not a
child or minor ward of the person to remain on the property if
the person under the age of 21 years consumes alcoholic
 { - liquor - }  { +  beverages + } on the property. The
prohibitions of this subsection apply only to a person who is
present and in control of the location at the time the
consumption occurs. The prohibitions of this subsection do not
apply to the owner of rental property, or the agent of an owner
 
of rental property, unless the consumption occurs in the
individual unit in which the owner or agent resides.
  (4) A person who violates subsection (1) or (2) of this section
commits a Class A misdemeanor.  { + Except as provided in
subsection (6) of this section, + } upon violation of subsection
(2) of this section, the court shall impose   { - at least - }  a
mandatory minimum sentence as follows:
  (a) Upon a first conviction, a fine of   { - $350 - }  { +  at
least $1,000 + }.
  (b) Upon a second conviction, a fine of   { - $1,000 - }  { +
at least $2,500 + }.
  (c) Upon a third or subsequent conviction, a fine of
 { - $1,000 - }  { + at least $5,000 + } and  { + a period of
imprisonment of + } not less than 30 days   { - of
imprisonment - } .
  (5) The court shall not waive or suspend imposition or
execution of the mandatory minimum sentence required by
subsection (4) of this section. In addition to the mandatory
sentence the court may require the violator to make restitution
for any damages to property where the alcoholic   { - liquor - }
 { +  beverage + } was illegally consumed or may require
participation in volunteer service to a community service agency.
  (6) The mandatory minimum penalty provisions of subsection (4)
of this section   { - shall - }  { +  do + } not apply to
 { - persons - }  { +  a person + } licensed   { - or
appointed - }  under the provisions of this chapter { + , to an
agent appointed under ORS 471.750 or to an employee of the
licensee or agent, unless the person knowingly sells, gives or
otherwise makes available alcoholic beverages to a person under
the age of 21 years. For all other violations of subsection (2)
of this section by a person licensed under this chapter, by an
agent appointed under ORS 471.750 or by an employee of the
licensee or agent, the court shall impose a mandatory minimum
sentence as follows:
  (a) Upon a first conviction, a fine of at least $350.
  (b) Upon a second or subsequent conviction, a fine of at least
$1,000 + }.
  (7) A person who violates subsection (3) of this section
commits a violation. Upon violation of subsection (3) of this
section, the court shall impose at least a mandatory minimum fine
as follows:
  (a) Upon a first conviction, a fine of $350.
  (b) Upon a second or subsequent conviction, a fine of $1,000.
  (8) Nothing in this section prohibits any licensee under this
chapter from allowing a person who is visibly intoxicated from
remaining on the licensed premises so long as the person is not
sold or served any alcoholic   { - liquor - }  { +
beverages + }.
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