HB 599-FN - AS INTRODUCED
2001 SESSION
05/09
HOUSE BILL 599-FN
AN ACT relative to unlawful possession of alcohol by a minor.
SPONSORS: Rep. Rodeschin, Sull 4; Rep. Kacavas, Hills 37; Rep. Odell, Sull 5; Rep. Jones, Sull 3; Sen. Disnard, Dist 8
COMMITTEE: Children and Family Law
This bill permits a minor 12 years of age and older to be found guilty of a violation for the possession of alcohol and the attempt to purchase alcohol.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0301
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to unlawful possession of alcohol by a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Alcoholic Beverages; Enforcement and Penalties; Unlawful Possession by Minor. Amend RSA 179:10 to read as follows:
179:10 Unlawful Possession. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. No portion of this mandatory minimum fine shall be waived, continued for sentencing or suspended by the court. Any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall be guilty of a violation and shall not be considered a delinquent or a child in need of services.
2 Alcoholic Beverages; Enforcement and Penalties; Attempt to Purchase Alcohol by a Minor. Amend RSA 179:10-a to read as follows:
179:10-a Attempt to Purchase Alcohol. Notwithstanding any other law to the contrary, any person under the age of 21 years, who possesses an alcoholic beverage or liquor with the intent to purchase said beverage or liquor, and who does or omits to do anything which, under the circumstances as such person believes them to be, is an act or omission constituting a substantial step towards the purchase of an alcoholic beverage shall be guilty of a violation. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall be guilty of a violation and shall not be considered a delinquent or a child in need of services.
3 Effective Date. This act shall take effect January 1, 2002.
LBAO
01-0301
1/16/01
HB 599-FN - FISCAL NOTE
AN ACT relative to unlawful possession of alcohol by a minor.
FISCAL IMPACT:
The Judicial Council indicates this bill may result in an indeterminable reduction in state expenditures in FY 2002 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Council indicated some savings to the state may result since, under this bill, minors charged with possession of alcoholic beverages would not have the right to counsel.
The Department of Health and Human Services stated this bill will have no fiscal impact on the Department.
The Administrative Office of the Courts stated this bill will have no fiscal impact on the Judicial Branch.