Missouri Senate

Introduced

SECTION 160.069 - SCHOOL POLICY ON ALCOHOL - This act provides that every school district shall develop a policy by June 31, 2006, detailing the consequences that will result for a student at school if the student is found to be in possession or drinking alcohol either on or off school property.

SECTION 302.178 - DELAY IN RECEIVING LICENSE FOR MIP - This act prohibits a person, who receives a "minor in possession" while under the age of sixteen, from receiving his or her intermediate driver's license at the age of sixteen. Instead, the person must wait six months before being able to get a license. He or she must still meet all of the requirements currently set out in this section in order to receive an intermediate driver's license after the six month waiting period.

SECTION 311.110 - OPEN HOUSE PARTIES - ALLOWING MINORS TO DRINK -Currently, this section states that any person except a parent or guardian who shall procure for, sell, or give away, or otherwise supply 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 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.

This provision of the act is 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, this section 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. In addition to the current provisions, this act provides that a minor is guilty of a misdemeanor for a "minor in possession" if he or she is found to be visibly intoxicated or has a blood alcohol content of more than .02. Under this act, a minor can receive a "minor in possession" for purchasing, attempting to purchase, or possessing a controlled substance not otherwise authorized. Also, a minor can receive a MIP for being in a visibly intoxicated condition as a result of using a controlled substance.

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 -Currently, this section requires a court to enter an order suspending or revoking the driving privileges of a person under the age of 21 for any alcohol related traffic offense or any offense involving the possession or use of alcohol committed while driving. The period of suspension for a first offense is 90 days and one year for subsequent offenses.

This act would provide that a court will enter an order suspending or revoking the driver's license of any person with a intermediate driver's license issued pursuant to Section 302.187, RSMo, for 30 days if he or she receives a "minor in possession" under Section 311.325, RSMo. Any second or subsequent offender will result in the revocation of the person’s driving privileges for 90 days.

SUSAN HENDERSON