Michigan House Bill No. 4213

Summary

This bill, signed by the Governor on July 12, 2017, amends the existing law on the purchase and consumption of alcoholic liquor by minors in the state of Michigan. It specifies the penalties for violation and includes provisions for probation and rehabilitation services for minors found guilty of such violations. The bill also addresses issues such as the use of fraudulent identification and the responsibilities of law enforcement agencies and health facilities in notifying parents or guardians about violations committed by minors. Additionally, it provides exceptions for minors who consume alcoholic liquor for educational or religious purposes, as well as those involved in undercover operations authorized by law enforcement agencies.

Effective Date

This bill will take effect on October 10, 2017.

Main Provisions

Under this bill:

A minor who purchases, consumes, possesses, or has any bodily alcohol content is in violation of the law, unless exceptions apply. Minors who violate this law will be subject to penalties determined by the number of prior violations.
A first violation will result in a maximum fine of $100. The court may also order the minor to participate in substance use disorder services, perform community service, and undergo substance abuse screening and assessment.
A second violation will be treated as a misdemeanor punishable by imprisonment for up to 30 days, a fine of up to $200, or both. The same court-ordered requirements for substance use disorder services, community service, and substance abuse screening and assessment may apply.
A third or subsequent violation will also be treated as a misdemeanor, punishable by imprisonment for up to 60 days, a fine of up to $500, or both, as applicable. Court-ordered requirements for substance use disorder services, community service, and substance abuse screening and assessment may also apply.
An individual who furnishes fraudulent identification to a minor or a minor who uses fraudulent identification to purchase alcoholic liquor will be guilty of a misdemeanor, punishable by imprisonment for up to 93 days, a fine of up to $100, or both.
If an individual pleads guilty or admits responsibility for a misdemeanor violation of this law, the court may place them on probation, with specific terms and conditions, and may require the payment of costs, fines, and probation fees.
The Secretary of State will suspend the driver's license of a minor who is convicted of a second or subsequent violation of this law or for violating the provision on fraudulent identification.
Peace officers may request a preliminary chemical breath analysis from a minor who they reasonably suspect has consumed alcoholic liquor. Results from such analysis may be used in civil or criminal proceedings to determine if the minor has consumed or possessed alcoholic liquor.
A minor's parent or legal guardian must be notified promptly by law enforcement agencies when the minor is found to have violated this law. Parents or guardians may also be notified by health facilities or agencies if the minor voluntarily seeks treatment or observation related to a violation of this law.
The consumption of alcoholic liquor by a minor for educational purposes, sacramental purposes during religious services, or as part of authorized undercover operations will not be considered a violation of this law.

This bill also includes definitions of terms used in the law and clarifies aspects of criminal liability for vendors and the effects of prior judgments.

For the full text of the bill, please click here.

HB 4213 Liquor; drinking age; obtaining court order before nonconsensual preliminary chemical breath testing of a minor; require Amends sec 703 of 1998 PA 58 (MCL 436 1703)

Michigan 99th Legislature

Bill Texts

Enrolled 06/29/2017

Chaptered 07/26/2017

Engrossed 06/22/2017

Engrossed 03/29/2017

Introduced 02/15/2017

Weigh In

Spread the Word!

Sponsors (1)

Sen. Peter Lucido

Co-Sponsor