75th OREGON LEGISLATIVE ASSEMBLY--2009 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 973
A-Engrossed
Senate Bill 227
Ordered by the Senate May 1
Including Senate Amendments dated May 1
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)
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.
Increases penalty for knowingly furnishing alcohol to persons
under age of 21 years.
{ - Imposes suspension of driving privileges or right to
apply for driving privileges for 90 days in certain
instances. - }
{ + Allows court to waive specified amount of fine if
violator performs at least 30 hours of community service. + }
A BILL FOR AN ACT
Relating to furnishing alcoholic beverages to a minor; creating
new provisions; and amending ORS 471.410.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 471.410 is amended to read:
471.410. (1) No person shall 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 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) No person who exercises control over private real property
may 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 this subsection apply 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 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.
(4) A person who violates subsection (1) or (2) of this section
commits a Class A misdemeanor. { + Except as provided in
subsection (5) 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 { - $350 - } { + 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
{ - $1,000 - } { + at least $1,500 + } and not less than 30
days of imprisonment.
{ - (5) The court shall not waive or suspend imposition or
execution of the mandatory minimum sentence required by
subsection (4) 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. - }
{ - (6) - } { + (5) + } The mandatory minimum penalty
provisions of subsection (4) of this section { - shall - }
{ + do + } not apply to persons licensed { - or appointed - }
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) The court may waive an amount that is at least $200 but not
more than one-third of the fine imposed under subsection (4) of
this section, if the violator performs at least 30 hours of
community service.
(7) Except as provided in subsection (6) of this section, the
court may not waive or suspend imposition or execution of the
mandatory minimum sentence required by subsection (4) or (5) 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. + }
{ - (7) - } { + (8) + } 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.
{ - (8) - } { + (9) + } 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 2. { + The amendments to ORS 471.410 by section 1 of
this 2009 Act apply to violations committed on or after the
effective date of this 2009 Act. + }
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