SB 402 Modifies laws relating to underage drinking
Sponsor: Gibbons Co-Sponsor(s)
LR Number: 0337L.09T Fiscal Note: 0337-09
Committee: Pensions, Veterans' Affairs and General Laws
Last Action: 7/13/2005 - Signed by Governor Journal Page:
Title: HCS SS SB 402 Calendar Position:
Effective Date: August 28, 2005
House Handler: Johnson

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Current Bill Summary


HCS/SS/SB 402 - This act is relating to substance abuse.

SECTION 160.069 - SCHOOL POLICY ON ALCOHOL - This act provides that every school district shall develop a policy by June 30, 2006, detailing the consequences that will result for a student at school if the student is found to be in possession or drinking alcohol on school property or while representing the school at extracurricular activities.

SECTION 311.310 - OPEN HOUSE PARTIES - ALLOWING MINORS TO DRINK - Currently, this section states that any person, except a parent or guardian, who procures for, sells, or gives away, or otherwise supplies alcohol to minor is guilty of a misdemeanor.

In addition to the current provisions, this act prohibits any owner, occupant, or other person or legal entity with a lawful right to the use and enjoyment of any real or personal property from knowingly allowing a minor to drink or knowingly failing to stop a minor from drinking on such property, unless the person is the minor's parent or guardian. Violation of this provision is a Class B misdemeanor.

The provisions of this section are similar to SB 322 (2005) & certain provisions in HCS/SS/SCS/SBs 37 et al. (2005) & SS/HCS/HB 972 (2005).

SECTION 311.325 - MINOR IN POSSESSION BY CONSUMPTION - Currently, Section 311.325, RSMo, provides that any person under the age of 21, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor is guilty of a misdemeanor. This act provides that a minor is also guilty of a misdemeanor for a "minor in possession" if he or she is "visibly intoxicated" or has a detectable blood alcohol content of .02.

SECTION 311.326 - After a period of one year or reaching 21, a person who has been found guilty of violating Section 311.325 for the first time and who has not been convicted of another alcohol-related offense since, may apply to have the court expunge his or her record. If the court finds no other alcohol-related offenses, the court shall enter an order of expungement. A person can receive only one expungement under this section.

SECTION 311.722 - GUIDELINES FOR USE OF MINORS IN INVESTIGATIONS - This act prohibits the Supervisor of Alcohol and Tobacco Control from using minors to enforce the liquor laws unless he or she promulgates rules and regulations that establish standards for the use of minors. The supervisor shall establish permissive standards by July 1, 2006 for the use of minors in investigations by law enforcement. The guidelines must provide for the minor to be 18 or 19 years old, have a youthful appearance, carry his or her own identification to be shown upon request, and truthfully answer questions about his or her age. The Supervisor of Alcohol and Tobacco Control shall not participate with other law enforcement agency that chooses not to follow the guidelines. Minors used in investigations under this section shall be exempt from violations of Chapters 311 and 312.

SECTION 570.223 - MAKING AND SELLING FAKE IDS - Currently, a person who obtains the identity of another in order to obtain alcohol is not in violation of this section. This act does not change this provision. However, this act provides that any person who obtains, transfers, or uses any means of identification for the purpose of manufacturing and providing or selling a false identification card to a minor for the purpose of purchasing or obtaining alcohol is guilty of a Class A misdemeanor.

SECTION 577.500 - SUSPENSION OF A DRIVER'S LICENSE FOR AN MIP - A court, upon a plea of guilty or conviction, or, if the court is a juvenile court, upon a finding of fact, shall enter an order suspending or revoking the driving privileges of any person who has received a "minor in possession" if the person was more than 15 but under 21.

The period of suspension shall be 30 days for the first offense and 90 days for the second offense. Any third or subsequent offense will result in revocation for one year.

SUSAN HENDERSON