75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to RC to A-Eng. HB 2246
 
LC 768/HB 2246-A2
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 2246
 
                    By COMMITTEE ON JUDICIARY
 
                             June 2
 
  On page 2 of the printed A-engrossed bill, after line 29,
insert:
  '  { +  SECTION 3. + }  { + If Senate Bill 227 becomes law,
section 1 of this 2009 Act (amending ORS 471.410) is repealed and
ORS 471.410, as amended by section 1, chapter ___, Oregon Laws
2009 (Enrolled Senate Bill 227), is amended to read: + }
  ' 471.410. (1)   { - No person shall - }  { +  A person may
not + } sell, give or otherwise make available any alcoholic
liquor 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 to a
person under the age of 21 years.  { + A parent or guardian may
give or otherwise make alcoholic liquor available to a person
under the age of 21 years only if the person is in a private
residence and is accompanied by the parent or guardian.  + }A
person violates this subsection who sells, gives or otherwise
makes available alcoholic liquor to a person with the knowledge
that the person to whom the liquor is made available will violate
this subsection.
  ' (3) { + (a) + }   { - No - }   { + A + } person who exercises
control over private real property may  { + not  + }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 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 on the property.   { - The prohibitions of - }
  '  { +  (b) + } This subsection { + : + }   { - apply - }
  '  { +  (A) Applies + } 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 - }
  '  { +  (B) Does + } 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  { - . - }  { + ; and
  ' (C) Does not apply to a person who exercises control over a
private residence if the liquor consumed by the person under the
age of 21 years is supplied only by an accompanying parent or
guardian.
  ' (4) This section does not apply to sacramental wine given or
provided as part of a religious rite or service. + }
  '  { - (4) - }   { + (5) + } A person who violates subsection
(1) or (2) of this section commits a Class A misdemeanor. Except
as provided in subsection   { - (5) - }   { + (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 at least $500.
  ' (b) Upon a second conviction, a fine of at least $1,000.
  ' (c) Upon a third or subsequent conviction, a fine of at least
$1,500 and not less than 30 days of imprisonment.
  '  { - (5) - }   { + (6) + } The mandatory minimum penalty
provisions of subsection   { - (4) - }   { + (5) + } of this
section do not apply to persons licensed under the provisions of
this chapter, to an agent appointed under ORS 471.750 or to an
employee of a 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 the
provisions of 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.
  '  { - (6) - }   { + (7) + } The court may waive an amount that
is at least $200 but not more than one-third of the fine imposed
under subsection   { - (4) - }   { + (5) + } of this section, if
the violator performs at least 30 hours of community service.
  '  { - (7) - }   { + (8) + } Except as provided in subsection
 { - (6) - }   { + (7) + } of this section, the court may not
waive or suspend imposition or execution of the mandatory minimum
sentence required by subsection
  { - (4) or (5) - }   { + (5) or (6) + } 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 was illegally consumed or may require
participation in volunteer service to a community service agency.
  '  { - (8) - }   { + (9) + } 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.
  '  { - (9) - }   { + (10) + } 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.
  '  { +  SECTION 4. + } If Senate Bill 227 becomes law, section
2 of this 2009 Act is amended to read:
  '  { +  Sec. 2. + } The amendments to ORS 471.410 by section
 { - 1 - }   { + 3 + } of this 2009 Act apply to:
  ' (1) The selling, giving or making available of alcoholic
liquor on or after the effective date of this 2009 Act for the
purpose of enabling a person under the age of 21 years to possess
the alcoholic liquor; and
  ' (2) A person exercising control over private property at
which a person under the age of 21 years consumes alcoholic
liquor on or after the effective date of this 2009 Act.'.
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