_______________________________________________
SUBSTITUTE HOUSE BILL 1183
_______________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 1993 Regular Session
State of Washington 53rd Legislature 1993
Regular Session
By
Read first time 03/03/93.
Making it a crime for a person under
age twenty-one to be under the influence of intoxicating liquor or drugs in
public.
AN ACT Relating to
persons under age twenty-one who are under the influence of intoxicating liquor
or drugs in public; 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 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. For the
purposes of this subsection, "premises" includes real property,
houses, buildings, and other structures, and motor vehicles and watercraft.
(2)(a) It is
unlawful for any person under the age of twenty-one years to possess, consume,
or otherwise acquire any liquor.
(b) It is unlawful
for a person under the age of twenty-one years to be in a public place, or to
be in a motor vehicle in a public place, while exhibiting the effects of having
consumed liquor. For purposes of this subsection, exhibiting the effects of
having consumed liquor means that a person has the odor of liquor on his or her
breath and either: (i) Is in possession of or close proximity to a container
that has or recently had liquor in it; or (ii) by speech, manner, appearance,
behavior, lack of coordination, or otherwise, exhibits that he or she is under
the influence of liquor. This subsection (2)(b) does not apply if the person
is in the presence of a parent or guardian or has consumed or is consuming
liquor under circumstances described in subsection (4) or (5) of this section.
(3) ((This section
does)) Subsections (1) and (2)(a) of this section do 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) 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) 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)
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.
