H-0758.2                  _______________________________________________

                                                      HOUSE BILL 1288

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives Heavey, Brough, Jones, Long, Shin, Karahalios, Foreman, Springer, Cooke, Wood, Casada and Quall

Read first time 01/22/93.  Referred to Committee on Judiciary.

Increasing penalties for furnishing liquor to minors.

          AN ACT Relating to increasing penalties for furnishing of liquor to minors; amending RCW 66.44.270; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 66.44.270 and 1987 c 458 s 3 are each amended to read as follows:

          (1) It is ((unlawful)) a misdemeanor for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control, without knowledge of the fact that the person receiving or consuming the liquor is under the age of twenty-one years.

          (2) It is a gross misdemeanor for any person to sell, give, or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control, with knowledge that the person receiving or consuming the liquor is under the age of twenty-one years.  Every person who is convicted of a violation of this subsection shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year.  Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being.  Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.

(3) It is unlawful for any person under the age of twenty-one years to possess, consume, or otherwise acquire any liquor.

          (((3))) (4) This section does not apply to liquor given or permitted to be given to a person under the age of twenty-one years by a parent or guardian and consumed in the presence of the parent or guardian.  This subsection shall not authorize consumption or possession of liquor by a person under the age of twenty-one years on any premises licensed under chapter 66.24 RCW.

          (((4))) (5) This section does not apply to liquor given for medicinal purposes to a person under the age of twenty-one years by a parent, guardian, physician, or dentist.

          (((5))) (6) This section does not apply to liquor given to a person under the age of twenty-one years when such liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

          (((6))) (7) Conviction or forfeiture of bail for a violation of this section by a person under the age of twenty-one years at the time of such conviction or forfeiture shall not be a disqualification of that person to acquire a license to sell or dispense any liquor after that person has attained the age of twenty-one years.

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