Minors possessing alcohol or controlled substances.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0594.E1

HOUSE BILL
NO.
HB0248

Minors possessing alcohol or controlled substances.

Sponsored by:
Representative(s) Harshman, Hinckley, Watt and White and Senator(s) Barrasso and Vasey

A BILL

for

AN ACT relating to crimes and offenses; modifying penalties for minors possessing alcohol or being under the influence of alcohol or controlled substances; modifying penalties for the offense of providing alcohol to minors; modifying penalties for minors with detectable alcohol concentrations operating vehicles;
requiring municipal ordinances for unlawful possession of alcohol by a minor to subject offenders to specified penalties and sentencing requirements;
requiring substance abuse assessments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 12
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6
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101(a), (b)(intro), (c), (d) and by creating new subsections (f) and (g) and 31
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5
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234(e) are amended to read:

12
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6
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101.

Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.

(a)

Any person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic liquor or malt beverage to any person under the age of twenty-one (21) years, who is not his legal ward, medical patient or member of his own immediate family, is guilty of a misdemeanor
, punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
This subsection does not apply to sales by the commission or a wholesaler to a licensee under this title.

(b)

Any person under the age of twenty-one (21) years who has any alcoholic or malt beverage in his possession or who is drunk or under the influence of alcoholic liquor, malt beverages or a controlled substance on any street or highway or in any public place is guilty of a misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both, for a first conviction
.
A second conviction under this subsection shall be punishable by a fine of not less than two hundred dollars ($200.00), nor more than seven hundred fifty dollars ($750.00), imprisonment for not less than six (6) months, or both. A third or subsequent conviction under this subsection shall be punishable by a fine of not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00), imprisonment for not less than six (6) months, or both. The court shall order the person to undergo a substance abuse assessment
conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9-2-2701(c) at or before sentencing
and complete any recommended treatment for a second or subsequent conviction under this subsection as a condition of probation.
This subsection does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years:

(c)

Any person under the age of twenty-one (21) years who attempts in any manner to purchase alcoholic or malt beverages or who falsifies any identification or uses any false identification in order to obtain alcoholic or malt beverages is guilty of a misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both for a first conviction
.
A second conviction under this subsection shall be punishable by a fine of not less than two hundred dollars ($200.00), nor more than seven hundred fifty dollars ($750.00), imprisonment for not less than six (6) months, or both. A third or subsequent offense under this subsection shall be punishable by a fine of not less than seven hundred fifty dollars ($750.00) nor more than one thousand dollars ($1,000.00), imprisonment for not less than six (6) months, or both.

(d)

Any person who violates this section, or aids, abets or incites any violation hereof, is guilty of a misdemeanor
, punishable to the same extent as the principal offense
.

(f)

For any fine imposed under this section, the court may allow the defendant to perform community service and be granted credit against his fine and court costs at the rate of five dollars ($5.00) for each hour of work performed.

(g)

Notwithstanding any other court rule or provision of law, any minor charged with a violation of subsection (b) or (c) of this section shall appear in court with a parent or legal guardian and shall not be permitted to forfeit bond in lieu of appearance.

31
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5
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234.

Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty.

(e)

A person convicted of violating this section shall be guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00)
, by imprisonment for not more than six (6) months, or both
. A person convicted of violating this section a second time within one (1) year of the first conviction is guilty of a misdemeanor punishable by imprisonment for not more than
one (1) month
six (6) months
, a fine of not
more
less than two hundred dollars ($200.00) nor more
than seven hundred fifty dollars ($750.00), or both. A person convicted of a third or subsequent conviction under this section within two (2) years shall be guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not
more
less
than seven hundred fifty dollars ($750.00)
nor more than one thousand dollars ($1,000.00)
, or both. The court
may
shall
order the person to undergo a substance abuse assessment
conducted by a substance abuse provider certified by the department of health pursuant to W.S. 9
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2
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2701(c) at or before sentencing
and complete any recommended treatment for any conviction under this section as a condition of probation. Notwithstanding any other provision of law, the term of probation imposed by a judge under this section may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation together with any extension thereof, shall in no case exceed three (3) years.

Section 2.

This act is effective July 1, 2005.

(END)

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HB0248