HOUSE BILL ANALYSIS

                  HB 1087

Title:  An act relating to penalties for public consumption of liquor.

Brief Description:  Providing penalties for public consumption of liquor.

Sponsors:  Representative Sheahan.

HOUSE COMMITTEE ON LAW & JUSTICE

Staff:  Bill Perry (786-7123).

Background:  The state's liquor code contains a variety of civil and criminal penalties for violations of the code.  With certain exceptions, opening a liquor container or consuming liquor in public is a violation of the code.  Although the violation is designated as a "misdemeanor,"  the only penalty provided for a violation is a fine of up to $100.  No jail time may be imposed.  Because no jail time may be imposed, a court may not issue a bench warrant for the arrest of a defendant who fails to appear in court.  This may result in cases languishing indefinitely.

A civil infraction results in a fine.  Failure to respond to a notice of infraction results in imposition of the fine, which may then be collected through ordinary civil enforcement of judgment means.

Summary of Bill:  Opening a liquor container or consuming liquor in public is made a class 2 civil infraction.  The maximum fine is $125.

Fiscal Note:  Not requested.

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

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