74th OREGON LEGISLATIVE ASSEMBLY--2007 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 981
 
                         House Bill 2149
 
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)
 
 
                             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 as
introduced.
 
  Provides that court may order person who violates prohibition
on minor possessing alcoholic beverages, or certain other
prohibitions related to minors and alcoholic beverages, to
undergo assessment and treatment without regard to age of
offender.  Requires court to order assessment and treatment for
subsequent violation.
 
                        A BILL FOR AN ACT
Relating to penalties for violation of laws governing 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)   { - Any - }  { +  A + } person who violates subsection
(1) or (3) of this section commits a Class B violation.
  (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. - }
   { +  (6) In addition to and not in lieu of any penalty
established by law, the court may order a person who violates
this section to undergo assessment and treatment as provided in
ORS 471.432. The court shall order a person to undergo assessment
and treatment as provided in ORS 471.432 if the person has
previously been found to have violated this section. + }
  (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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