HCS SS SB 402 -- ALCOHOL-RELATED PROBLEMS OF MINORS

This bill changes the laws regarding underage drinking.  In its
main provisions, the bill:

(1)  Specifies that every school district will develop a policy
by June 30, 2006, detailing the consequences for a student who is
found to be in possession or drinking alcohol on school property
or while participating in extracurricular activities (Section
160.069, RSMo);

(2)  Makes it a class B misdemeanor for owners or renters to
permit underage drinking on their property; however, this does
not apply to parents or guardians.  Legal defenses to prosecution
under this section are specified (Section 311.310);

(3)  Adds visible intoxication and detectable blood-alcohol
content to the grounds for finding a minor guilty of the purchase
or possession of alcohol (Section 311.325);

(4)  Allows a minor who has pleaded to or been found guilty of
purchasing or possessing alcohol to have all records of the
violation expunged from his or her record after one year or upon
reaching the age of 21 provided that he or she has no other
alcohol-related conviction or enforcement contact.  Only one
expungement is allowed (Section 311.326);

(5)  Prohibits the Supervisor of the Division of Alcohol and
Tobacco Control from using minors to enforce the liquor laws
unless permissive standards are established that require the
minor:

(a)  To be 18 or 19 years of age;

(b)  To have a youthful appearance, excluding facial hair or a
receding hairline;

(c)  To carry correct identification and to produce it upon
request; and

(d)  To truthfully answer questions about his or her age.

The supervisor may not participate in any investigation or
discipline any licensed establishment when any law enforcement
agency chooses not to follow the permissive standards.  Minors
used in investigations are exempt from violations of Chapter 311
(Liquor Control Law) and Chapter 312 (Nonintoxicating Beer) when
under the control of a law enforcement agency (Section 311.722);

(6)  Specifies that any person who obtains, transfers, or uses
any means of identification for the purpose of manufacturing and
providing or selling a false identification card to a minor for
the purpose of purchasing or obtaining alcohol is guilty of a
class A misdemeanor (Section 570.223); and

(7)  Specifies that a person who was older than 15 years of age
but younger than 21 years of age when he or she committed a
violation of the purchase or possession by a minor's law will
have his or her driving privileges suspended or revoked,
including temporary permits and intermediate licenses.
Suspension for a first offense will be 30 days, a second offense
will be 90 days, and a third or subsequent offense will be one
year (Section 577.500).

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm