SENATE BILL REPORT

                   HB 1087

                    As of February 23, 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:  3/24/97, 3/27/97 [DP]; 2/23/98.

SENATE COMMITTEE ON LAW & JUSTICE

Staff:  Lidia Mori (786-7755)

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,

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.