05 LC 14
9106
House
Bill 565
By:
Representatives Martin of the
47th,
Jones of the
46th,
Geisinger of the
48th,
and Wilkinson of the
52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia
Annotated, relating to prohibited acts relative to alcoholic beverages, so as to
make it unlawful for a person under 21 years of age to consume an alcoholic
beverage; to authorize the suspension of the
driveŕs
license of a person under 21 years of age convicted of consuming an alcoholic
beverage; to amend Code Section 40-5-57.1 of the Official Code of Georgia
Annotated, relating to the suspension of
driverś
licenses of persons under 21 years of age for certain offenses, so as to provide
for the suspension of the
driverś
licenses of persons under 21 years of age convicted of consuming alcoholic
beverages; to provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to
prohibited acts relative to alcoholic beverages, is amended by striking
subsections (a), (b), and (c) of Code Section 3-3-23, relating to prohibited
acts relative to alcoholic beverages and persons under 21 years of age, and
inserting in lieu thereof the following:
"(a)
Except as otherwise authorized by law:
(1)
No person knowingly, directly or through another person, shall furnish, cause to
be furnished, or permit any person in such
persońs
employ to furnish any alcoholic beverage to any person under 21 years of
age;
(2)
No person under 21 years of age shall purchase, attempt to purchase, or
knowingly possess any alcoholic beverage;
(2.1)
No person under 21 years of age shall knowingly consume any alcoholic
beverage;
(3)
No person under 21 years of age shall misrepresent such
persońs
age in any manner whatever for the purpose of obtaining illegally any alcoholic
beverage;
(4)
No person knowingly or intentionally shall act as an agent to purchase or
acquire any alcoholic beverage for or on behalf of a person under 21 years of
age; or
(5)
No person under 21 years of age shall misrepresent his or her identity or use
any false identification for the purpose of purchasing or obtaining any
alcoholic beverage.
(b)
The prohibitions contained in paragraphs (1), (2),
(2.1),
and (4) of subsection (a) of this Code section shall not apply with respect to
the sale, purchase,
consumption,
or possession of alcoholic beverages for consumption:
(1)
For medical purposes pursuant to a prescription of a physician duly authorized
to practice medicine in this state; or
(2)
At a religious ceremony.
(c)
The prohibitions contained in paragraphs (1), (2),
(2.1),
and (4) of subsection (a) of this Code section shall not apply with respect to
the
consumption
or possession of alcoholic beverages for
consumption by a person under 21 years of age when the parent or guardian of the
person under 21 years of age gives the alcoholic beverage to the person and when
consumption
or possession is in the home of the parent
or guardian and such parent or guardian is
present."
SECTION
2.
Said
article is further amended by striking Code Section 3-3-23.1, relating to the
procedure and penalties upon violation of Code Section 3-3-23, and inserting in
lieu thereof the following:
"3-3-23.1.
(a)
It is unlawful for any person knowingly to violate any prohibition contained in
Code Section 3-3-23, relating to furnishing alcoholic beverages to, and
purchasing, attempting to purchase,
consuming,
and possession of alcoholic beverages by, a person under 21 years of
age.
(a.1)
A blood alcohol concentration of 0.02 grams or more in the body of a person
under 21 years of age as detected by a chemical test to determine blood alcohol
content shall constitute a violation of paragraph (2.1) of subsection (a) of
Code Section 3-3-23.
(b)(1)
Any person convicted of violating any prohibition contained in subsection (a) of
Code Section 3-3-23 shall, upon the first conviction, be guilty of a
misdemeanor, except that any person convicted of violating paragraph (2) of
subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be
guilty of a misdemeanor and shall be punished by not more than six
monthś
imprisonment or a fine of not more than $300.00, or both and except that any
person convicted of violating paragraph (4) of subsection (a) of Code Section
3-3-23 shall, upon the first conviction, be guilty of a misdemeanor of a high
and aggravated nature.
(2)
Any person convicted of violating any prohibition contained in subsection (a) of
Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty
of a misdemeanor of a high and aggravated nature, except that any person
convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23
shall, upon the second or subsequent conviction, be guilty of a
misdemeanor.
(3)
In addition to any other penalty provided for in paragraphs (1) and (2) of this
subsection, the
driveŕs
license of any person convicted of attempting to purchase an alcoholic beverage
in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the
first conviction shall be suspended for six months and upon the second or
subsequent conviction shall be suspended for one year.
(4)
In addition to any other penalty provided for in paragraphs (1) and (2) of this
subsection, the
driveŕs
license of any person convicted of consuming an alcoholic beverage in violation
of paragraph (2.1) of subsection (a) of Code Section 3-3-23 may be suspended by
order of the sentencing court for up to six months.
(c)
Whenever any person who has not been previously convicted of any offense under
this Code section or under any other law of the United States or this or any
other state relating to alcoholic beverages pleads guilty to or is found guilty
of a violation of paragraph
(2),
(2.1), or (3) of subsection (a) of Code
Section 3-3-23, the court, without entering a judgment of guilt and with the
consent of such person, may defer further proceedings and place such person on
probation upon such reasonable terms and conditions as the court may require.
The terms of probation shall preferably be such as require the person to undergo
a comprehensive rehabilitation program (including, if necessary, medical
treatment), not to exceed three years, designed to acquaint such person with the
ill effects of alcohol abuse and with knowledge of the gains and benefits which
can be achieved by being a good member of society. Upon violation of a term or
condition of probation, the court may enter an adjudication of guilt and proceed
accordingly. Upon fulfillment of the terms and conditions of probation, the
court shall discharge such person and dismiss the proceedings against him or
her. Discharge and dismissal under this subsection shall be without court
adjudication of guilt and shall not be deemed a conviction for purposes of this
subsection or for purposes of disqualifications or disabilities imposed by law
upon conviction of a crime. Discharge and dismissal under this subsection may
occur only once with respect to any person.
(d)
Unless the officer has reasonable cause to believe such person is intoxicated, a
law enforcement officer may arrest by issuance of a citation a person accused of
violating only paragraph (2)
or
(2.1) of subsection (a) of Code Section
3-3-23. The citation shall enumerate the specific charges against the person and
either the date upon which the person is to appear and answer the charges or a
notation that the person will be later notified of the date upon which the
person is to appear and answer the charges. If the person charged shall fail to
appear as required, the judge having jurisdiction of the offense may issue a
warrant or other order directing the apprehension of such person and commanding
that such person be brought before the court to answer the charges contained
within the citation and the charge of his or her failure to appear as required.
Nothing in this subsection shall be construed to invalidate an otherwise valid
arrest by citation of a person who is intoxicated.
(e)
A law enforcement officer arresting a person by the issuance of a citation under
subsection (d) of this Code section may require any such person having a
driveŕs
license or instruction permit to deposit such license or permit with the
arresting officer in order to ensure the appearance of such person to answer the
charges against him or her. The procedures and rules connected with the
acceptance of such license or permit and subsequent disposition of the case
shall be the same as provided for the acceptance of a
driveŕs
license as bail on arrest for traffic offenses pursuant to Code Section
17-6-11.
(f)
In addition to any other punishment or sentence, the court may order all persons
convicted under subsection (b) of this Code section or sentenced under
subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk
Reduction Program prescribed by the Department of Human Resources within 120
days of such conviction or sentence. Failure to complete such program within 120
days shall be contempt of court and shall be punished by a fine of not more than
$300.00 or 20 days imprisonment, or both. If the conviction or sentence results
from a charge of unlawful possession of alcoholic beverages while operating a
motor vehicle, the court shall report such conviction or sentence to the
Department of Motor Vehicle Safety within ten days after conviction or
sentencing."
SECTION
3.
Code
Section 40-5-57.1 of the Official Code of Georgia Annotated, relating to the
suspension of licenses of persons under age 21 for certain offenses, is amended
by adding at its end a new subsection (d) to read as follows:
"(d)
Upon receipt of a report of conviction of a violation of paragraph (2.1) of
subsection (a) of Code Section 3-3-23 which contains a court order for license
suspension of up to six months, the department shall suspend the
offendeŕs
license for the period specified in the court
order."
SECTION
4.
This
Act shall become effective July 1, 2005, and shall apply with respect to
offenses committed on or after that date. Prior offenses shall be governed by
prior law.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.