HOUSE BILL REPORT

                      SB 6158

                     As Reported By House Committee on:

                                 Judiciary

Title:  An act relating to persons under the age of twenty-one who are apparently under the influence of alcohol in a public place.

Brief Description:  Making under‑aged persons in a public place under the influence of alcohol guilty of a misdemeanor.

Sponsor(s):  Senators L. Smith, Snyder and Conner.

Brief History:

   Reported by House Committee on:

Judiciary, February 28, 1992, DPA.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: Do pass as amended.  Signed by 19 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Belcher; Broback; Forner; Hargrove; Inslee; Locke; R. Meyers; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; Vance; and Wineberry.

Staff:  Bill Perry (786-7123).

Background:

Criminal sanctions for being intoxicated in public were repealed in this state several years ago.  Generally, however, it is against the law for anyone to supply alcohol to a person under the age of 21 or for a minor to possess or consume alcohol in public or private.  It is also against the law for a person to permit a minor to consume alcohol on "premises" under the person's control.  Exceptions to these general prohibitions are made for alcohol supplied by and consumed in the presence of a parent, and alcohol consumed for religious or medical purposes.  It is also a crime for a person of any age to drive or to be in physical control of a car while under the influence of alcohol.

Until recently, it was necessary for a law enforcement officer to obtain a warrant or actually to see a person under the age of 21 possessing or consuming alcohol in order to make an arrest for "minor in possession" (MIP).  In 1988, however, the Legislature amended the arrest statute to allow an arrest for MIP without a warrant and without officer observation of the crime, if the officer has probable cause to believe the crime has been committed.

Some law enforcement agencies report difficulty in getting convictions under the supplying to a minor or MIP laws.  In some cases there have been rulings that exclude vehicles or boats from the meaning of "premises" under a person's control.  There may also be difficulty in proving where a minor consumed alcohol.  That is, a minor who is obviously intoxicated in a public place may claim that the alcohol was consumed legally, or in another county or state.

Summary of Amended Bill:

It is a misdemeanor for a person under the age of 21 to be in public, or in a car that is in a public place, while exhibiting the effects of having consumed alcohol.  The effects of consuming alcohol are demonstrated by the odor of alcohol on the minor's breath and either the presence of a liquor container or behavior showing the minor is under the influence of alcohol.

These new criminal provisions do not apply if the minor is in the presence of a parent or if the alcohol was consumed for religious or medical reasons.

A definition of "premises," explicitly including cars and boats, is added for purposes of the prohibition against permitting a minor to consume alcohol on premises under a person's control.

Amended Bill Compared to Original Bill:

The amended bill adds the expanded definition of "premises."

The original bill defines the new crime simply as a minor being in public "after having consumed alcohol."  The amended bill adds the requirement of exhibiting the effects of the consumption.

Fiscal Note:  Requested.

Effective Date of Amended Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill will allow arrest of obviously intoxicated minors.

Testimony Against:  None.

Witnesses:  Fred A. Johnson, Washington Association of Prosecuting Attorneys and Washington Association of Sheriffs and Police Chiefs (in favor).