75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 225
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Attorney General's Underage Drinking Task Force)
CHAPTER ................
AN ACT
Relating to alcohol-related offenses by persons under 21 years of
age; creating new provisions; and amending ORS 471.430 and
809.260.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.430 is amended to read:
471.430. (1) A person under { - the age of - } 21 years
{ + of age + } may not attempt to purchase, purchase or acquire
alcoholic 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, a person under
{ - the age of - } 21 years { + of age + } may not have
personal possession of alcoholic beverages.
(2) For the purposes of this section, personal possession of
alcoholic beverages includes the acceptance or consumption of a
bottle of such beverages, or any portion thereof or a drink of
such 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, a person under { - the age of - } 21 years { + of
age + } 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,
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
{ + of age + } 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,
Enrolled Senate Bill 225 (SB 225-A) Page 1
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) If a person cited under this section is at least 13
years of age but less than 21 years of age at the time the person
is found in default under ORS 153.102 or 419C.472 for failure to
appear, in addition to and not in lieu of any other penalty, the
court shall issue notice under ORS 809.220 to the department for
the department to suspend the person's driving privileges under
ORS 809.280 (5). + }
{ - (6) - } { + (7) + } 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) - } { + (8) + } The prohibitions of this section do
not apply to a person under { - the age of - } 21 years
{ + of age + } 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 { + of age + }.
{ - (8) - } { + (9) + } The prohibitions of this section do
not apply to a person under { - the age of - } 21 years
{ + of age + } 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 { + of
age + }.
SECTION 2. ORS 809.260 is amended to read:
809.260. (1) Whenever a person who is 17 years of age or
younger, but not younger than 13 years of age, is convicted of
any offense described in this subsection or determined by a
juvenile court to have committed one of the described offenses,
the court in which the person is convicted shall prepare and send
to the Department of Transportation, within 24 hours of the
conviction or determination, an order of denial of driving
privileges for the person so convicted. This subsection applies
to ORS 166.370 and to any offense involving the delivery,
manufacture or possession of controlled substances.
(2) Whenever a person who is 20 years of age or younger, but
not younger than 13 years of age, { + at the time of committing
any offense described in this subsection, + }is convicted
{ - of any offense described in this subsection - } or
determined by a juvenile court to have committed one of the
described offenses, the court in which the person is convicted
shall prepare and send to the Department of Transportation,
within 24 hours of the conviction or determination, an order of
denial of driving privileges for the person so convicted. This
subsection applies to any offense involving the possession, use
or abuse of alcohol.
(3) If a court has issued an order of denial of driving
privileges under this section, the court, upon petition of the
person, may review the order and may withdraw the order at any
Enrolled Senate Bill 225 (SB 225-A) Page 2
time the court deems appropriate except as provided in the
following:
(a) A court may not withdraw an order for a period of 90 days
following the issuance of the order if it is the first such order
issued with respect to the person.
(b) A court may not withdraw an order for a period of one year
following the issuance of the order if it is the second or
subsequent such order issued with respect to the person.
(c) Notwithstanding paragraph (a) of this subsection, a court
may not withdraw an order for a period of six months if the order
is based on a determination or conviction involving controlled
substances.
(4) Upon receipt of an order under this section, the department
shall take action as directed under ORS 809.280.
SECTION 3. { + (1) The amendments to ORS 471.430 by section 1
of this 2009 Act apply to persons issued citations for violations
of ORS 471.430 that occur on or after the effective date of this
2009 Act.
(2) The amendments to ORS 809.260 by section 2 of this 2009 Act
apply to convictions or determinations for offenses committed on
or after the effective date of this 2009 Act. + }
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Passed by Senate April 28, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 20, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 225 (SB 225-A) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 225 (SB 225-A) Page 4