Chapter 41
AN ACT
HB 2148
Relating to minors in possession of alcoholic beverages; amending ORS
471.430.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 471.430 is amended to read:
471.430. (1) [No] A person under the age of 21
years [shall] may not attempt
to purchase, purchase or acquire alcoholic [liquor]
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, [no] a person under
the age of 21 years [shall] may
not have personal possession of alcoholic [liquor] beverages.
(2) For the purposes of
this section, personal possession of alcoholic [liquor] beverages includes the acceptance or consumption of
a bottle of such [liquor]
beverages, or any portion thereof or a drink of such [liquor] 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, [no] a person under the age of 21 years [shall] 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, [any] 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) In addition to and
not in lieu of any other penalty established by law, a person under the age of
21 years 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 denying 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) In addition to and
not in lieu of any penalty established by law, the court:
(a) Shall order a person
who is at least 18 years of age and not more than 21 years of age, who is
convicted of violation of this section and who has been convicted of violation
of this section at least once before when the person was at least 18 years of
age, to undergo assessment and treatment as provided in ORS 471.432.
(b) May order a person
who is at least 18 years of age and not more than 21 years of age and who is
convicted of violation of this section to undergo assessment and treatment as
provided in ORS 471.432.
(7) The prohibitions of
this section do not apply to a person under the age of 21 years 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 the age of 21 years.
(8) The prohibitions of
this section do not apply to a person under the age of 21 years 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 the age of 21 years.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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