Introduced
by
To establish that a minor convicted of a second minor in possession alcohol conviction (or third offense) would be subject to up to 30 days in jail, and up to 90 days for a third conviction (or fourth offense). The bill would also expand the scope of the minor in possession law to prohibit a minor from having any bodily alcohol content. This would apply the law to a minor who legally drank in a jurisdiction with a lower drinking age (Canada) and then traveled to Michigan while still under the influence. The bill also establishes a procedure for expunging the record of a minor in possession conviction, subject to abiding by the penalties and restrictions imposed by a court, and with the exception that the conviction record could still be made available to law enforcement agencies for certain narrow purposes (such as considering an applicant for a law enforcement job).
Referred to the Committee on Judiciary
Reported without amendment
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which incorporates technical changes, and which was amended to only authorize jail for minors who have violated the terms of their probation for prior alcohol offenses. The bill also reduces the maximum third-ofense jail term from 90 to 60 days.
The substitute passed by voice vote
Amendment offered
by
To eliminate the proposed jail penalties for certain minor-in-possesion of alcohol crimes.
The amendment failed 13 to 23 (details)
Amendment offered
by
To eliminate the provision which would expand the scope of the minor in possession law to prohibit a minor from having any bodily alcohol content.
The amendment failed 17 to 20 (details)
Amendment offered
by
To revise the provision which would expand the scope of the minor in possession law to prohibit a minor from having any bodily alcohol content. Instead, the law would only apply if a minor had a blood alcohol content (BAC) of .02 grams per 100 milliliters of blood. Note: Michigan's drunk driving threshold is a .08 BAC.
The amendment failed by voice vote
Amendment offered
by
To exempt from prosecution under the minor-in-possesion-of-alcohol law a minor who has drunk too much and who voluntarily goes to a health facility for treatment, as well as any other minor who accompanies that minor, and any minor who contacts a peace officer or emergency medical services personnel.
The amendment failed 19 to 19 (details)
Passed in the Senate 24 to 14 (details)
To establish that a minor convicted of a second minor in possession alcohol conviction (or third offense) would be subject to up to 30 days in jail, and up to 60 days for a third conviction (or fourth offense), if he or she has violated the terms of their probation for prior alcohol convictions. The bill would also expand the scope of the minor in possession law to prohibit a minor from having any bodily alcohol content. This would apply the law to a minor who legally drank in a jurisdiction with a lower drinking age (Canada) and then traveled to Michigan while still having some alcohol in his or her system. The bill also establishes a procedure for expunging the record of a minor in possession conviction, subject to abiding by the penalties and restrictions imposed by a court, and with the exception that the conviction record could still be made available to law enforcement agencies for certain narrow purposes (such as considering an applicant for a law enforcement job).
Referred to the Committee on Criminal Justice
Reported without amendment
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one that incorporates technical changes resulting from committee testimony and deliberation, but subsequently superceded by another substitute with more technical changes.
The substitute passed by voice vote
Substitute offered
by
To replace the previous version of the bill with one containing technical changes that do not affect its substance as previously described.
The substitute passed by voice vote
Amendment offered
by
To clarify that the possible jail penalties would apply in certain cases where a minor failed to successfully complete any treatment, screening, or community service ordered by the court, or failed to pay any fine.
The amendment passed by voice vote
Amendment offered
by
To exempt minors who drank legally in Canada from the provision authorizing prosecution of a minor who has any level of blood alcohol content, including very small amounts.
The amendment passed by voice vote
Passed in the House 78 to 28 (details)
To establish that a minor convicted of a second minor in possession alcohol conviction (or third offense) would be subject to up to 30 days in jail, and up to 60 days for a third conviction (or fourth offense), if he or she has violated the terms of their probation for prior alcohol convictions. The bill would also expand the scope of the minor in possession law to prohibit a minor from having any bodily alcohol content. This would NOT apply the law to a minor who legally drank in a jurisdiction with a lower drinking age (Canada) and then traveled to Michigan while still having some alcohol in his or her system. The bill also establishes a procedure for expunging the record of a minor in possession conviction, subject to abiding by the penalties and restrictions imposed by a court, and with the exception that the conviction record could still be made available to law enforcement agencies for certain narrow purposes (such as considering an applicant for a law enforcement job).
Amendment offered
by
To clarify a reference in the bill to another statute.
The amendment passed by voice vote
Passed in the Senate 24 to 13 (details)
To concur with the House-passed version of the bill, which does not to prohibit a minor from having any bodily alcohol content, if the minor legally drank in a jurisdiction with a lower drinking age (Canada).
To concur with the Senate-passed version of the bill.
Passed in the House 78 to 26 (details)
