| Passed by the House March 5, 2013 Yeas 72 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2013 Yeas 44 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1404 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/25/13. Referred to Committee on Public Safety.
AN ACT Relating to prevention of alcohol poisoning deaths; amending RCW 66.44.270; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature intends to save lives by
increasing timely medical attention to alcohol poisoning victims
through the establishment of limited immunity from prosecution for
people under the age of twenty-one years who seek medical assistance in
alcohol poisoning situations. Dozens of alcohol poisonings occur each
year in Washington state. Many of these incidents occur because people
delay or forego seeking medical assistance for fear of arrest or police
involvement, which researchers continually identify as a significant
barrier to the ideal response of calling 911.
Sec. 2 RCW 66.44.270 and 1998 c 4 s 1 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. A violation of
this subsection is a gross misdemeanor punishable as provided for in
chapter 9A.20 RCW.
(2)(a) It is unlawful for any person under the age of twenty-one
years to possess, consume, or otherwise acquire any liquor. A
violation of this subsection is a gross misdemeanor punishable as
provided for in chapter 9A.20 RCW.
(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), or (6) of this section.
(3) 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)(a) A person under the age of twenty-one years acting in good
faith who seeks medical assistance for someone experiencing alcohol
poisoning shall not be charged or prosecuted under subsection (2)(a) of
this section, if the evidence for the charge was obtained as a result
of the person seeking medical assistance.
(b) A person under the age of twenty-one years who experiences
alcohol poisoning and is in need of medical assistance shall not be
charged or prosecuted under subsection (2)(a) of this section, if the
evidence for the charge was obtained as a result of the poisoning and
need for medical assistance.
(c) The protection in this subsection shall not be grounds for
suppression of evidence in other criminal charges.
(7) 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.