SB 555 Prohibits the use or possession of alcoholic beverage vaporizers and modifies provisions relating to underage drinking
Sponsor: Gibbons
LR Number: 1106S.04C Fiscal Note: 1106-04
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/18/2007 - S Informal Calendar S Bills for Perfection Journal Page:
Title: SCS SBs 555 & 38 Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary

SCS/SBs 555 & 38 - This act prohibits any person from possessing or using an alcoholic beverage vaporizer. Such a vaporizer is defined as "any device which, by means of heat, a vibrating element, or any other method, is capable of producing a breathable mixture containing one or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both." Also, no person shall intentionally induce or abuse solvents or ethyl alcohol. A violation of these provisions is a class B misdemeanor.

This act does not apply to substances that are FDA-approved or administered by a medical practitioner.

These provisions shall not be construed to prohibit the legal consumption of intoxicating liquor, including wine and beer, and nonintoxicating beer.

This act prohibits any person who receives three minor in possession violations from receiving educational cost reimbursement under the "A+ Schools Program".

Under this act, any person, who is found guilty of or pleads guilty to providing alcohol to a minor or who knowingly allows a minor to drink on his or her property or knowingly fails to stop a minor from drinking, may be subject to a claim by the parent or legal guardian of such minor for resulting damages suffered by the minor.

Any peace officer, who believes that a person less than twenty-one years of age is intoxicated, may request that such person submit to a chemical test. Any person less than twenty-one years of age who refuses, upon the request of the peace officer, to submit to such test to determine his or her blood alcohol content shall be deemed "visibly intoxicated". A minor who is "visibly intoxicated" can be charged with a minor in possession offense.

As of August 28, 2007, the clerks of the courts shall forward a copy of the judgement and date of birth of any person who pleads guilty to or is found guilty of a minor in possession offense. The information shall be forwarded to the Highway Patrol within 20 days of the date of judgement. The Highway Patrol shall enter the information in the Missouri Uniform Laws Enforcement System where it is available to members of the criminal justice system. No record or information shall be made public in violation of the sunshine law.

This act prohibits the suspension of driving privileges for the first minor in possession from being included on the person's driving record. However, internal use of such information by the Department of Revenue for administrative purposes shall be allowed.

Certain provisions of this act are similar to HB 1176 (2006), HB 136 (2007), HCS/SS/SCS/SB 429 (2007), & HCS/HB 406 (2007).