HOUSE BILL REPORT

                  HB 1087

                       As Passed House

                      January 14, 1998

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

Brief Description:  Providing penalties for public consumption of liquor.

Sponsors: Representative Sheahan.

Brief History:

Committee Activity:

Law & Justice:  1/24/97, 1/28/97 [DP].

Floor Activity:

Passed House:  2/5/97, 91‑0;

Passed House:  1/14/98, 95-0.

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.  Signed by 13 members:  Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Radcliff; Sherstad and Skinner.

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.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  The bill will allow cases to be closed.  This is the most practical way to deal with these kinds of cases and may result in a greater percentage of fines being collected.

Testimony Against:  None.

Testified:  Judges Mike Padden and Stephen Dwyer, Washington Municipal and District Court Judges Association (pro); and Carter Mitchell, Liquor Control Board (pro).