FINAL BILL REPORT

                  HB 1117

                          C 4 L 98

                     Synopsis as Enacted

 

Brief Description:  Providing penalties for supplying liquor to or consuming liquor by minors.

 

Sponsors:  Representatives Benson, Sheahan, Costa, D. Sommers, McDonald, Gombosky, Mulliken, Robertson, O'Brien, D. Schmidt, Backlund, Sterk, Wood, Sheldon, Quall, Anderson, Boldt and DeBolt.

 

House Committee on Law & Justice

Senate Committee on Law & Justice

 

Background:  The state's liquor code has a variety of penalty provisions for violations of the code.  Violations of provisions that lack their own penalty provisions are covered by a general criminal penalty provision.  This general provision provides for the following criminal penalties for individual persons:

 

$on a first conviction,  a fine of up to $500 and imprisonment for up to two months;

$on a second conviction,  imprisonment for up to six months; and

$on a third conviction,  imprisonment for up to one year.

 

The penalties imposable under this provision against a corporation are as follows:

 

$on a first conviction,  a fine of up to $5,000; and

$on a second or subsequent conviction,  a fine of up to $10,000.

 

Providing liquor to a minor and possession or consumption of liquor by a minor are crimes without specific penalty provisions and are therefore subject to this general provision.  Because of the way this general provision is structured, fines may not be imposable against individuals for second or third convictions.

 

The maximum imprisonment allowed for a third conviction against an individual under the general penalty provision is one year.  This maximum is the same as the maximum imprisonment possible for a gross misdemeanor.  The maximum fine for a gross misdemeanor is $5,000.

 

Summary:  The crimes of providing liquor to a minor and possession or consumption of liquor by a minor are made gross misdemeanors.

 

Votes on Final Passage:

 

House930

Senate480

 

Effective:June 11, 1998