74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2148
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Attorney General Hardy
Myers for Attorney General's Underage Drinking Task Force)
CHAPTER ................
AN ACT
Relating to minors in possession of alcoholic beverages; amending
ORS 471.430.
Be It Enacted by the People of the State of Oregon:
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
Enrolled House Bill 2148 (HB 2148-INTRO) Page 1
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.
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Passed by House February 15, 2007
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate March 26, 2007
...........................................................
President of Senate
Enrolled House Bill 2148 (HB 2148-INTRO) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2148 (HB 2148-INTRO) Page 3