HLS 15RS-866 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 343
BY REPRESENTATIVE HAZEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ALCOHOLIC BEVERAGES: Amends the definition of "public possession" relative to
possession and consumption of an alcoholic beverage in a private residence by a
person under the age of 21
1 AN ACT
2To amend and reenact R.S. 14:93.10(2)(a)(iv), relative to the unlawful possession of
3 alcoholic beverages; to provide relative to the crime prohibiting public possession
4 of alcoholic beverages by a person under twenty-one years of age; to amend the
5 definition of "public possession" relative to possession and consumption in a private
6 residence; to provide that possession and consumption of an alcoholic beverage in
7 a private residence is not "public possession" if the person under twenty-one is
8 accompanied by a parent, guardian, or spouse who is at least twenty-one; and to
9 provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 14:93.10(2)(a)(iv) is hereby amended and reenacted to read as
12follows:
13 ยง93.10. Definitions
14 For purposes of R.S. 14:93.10 through 93.14, the following definitions shall
15 apply:
16 * * *
17 (2) "Public possession" means the possession of any alcoholic beverage for
18 any reason, including consumption, on any street, highway, or waterway or in any
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-866 ORIGINAL
HB NO. 343
1 public place or any place open to the public, including a club which is de facto open
2 to the public. "Public possession" does not include the following:
3 (a) The possession or consumption of any alcoholic beverage:
4 * * *
5 (iv) In private residences if the person under twenty-one years of age is
6 accompanied by a parent, spouse, or legal guardian twenty-one years of age or older.
7 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 343 Original 2015 Regular Session Hazel
Abstract: Provides that possession and consumption of an alcoholic beverage in a private
residence is not unlawful public possession if the person under 21 is accompanied
by a parent, guardian, or spouse who is at least 21.
Present law (R.S. 14:93.12) prohibits the "public possession" of any alcohol beverage by any
person under 21 years of age.
Present law (R.S. 14:93.10) defines "public possession" as the possession of any alcoholic
beverage for any reason, including consumption, on any street, highway, or waterway or in
any public place or any place open to the public, including a club which is de facto open to
the public. However, present law provides that "public possession" does not include the
possession or consumption of any alcoholic beverage:
(1)For an established religious purpose.
(2)When a person under 21 years of age is accompanied by a parent, spouse, or legal
guardian 21 years of age or older.
(3)For medical purposes when purchased as an over the counter medication, or when
prescribed or administered by a licensed physician, pharmacist, dentist, nurse,
hospital, or medical institution.
(4)In private residences.
Proposed law amends the provision relative to possession or consumption of any alcoholic
beverage in a private residence to provide that possession and consumption of an alcoholic
beverage in a private residence is not unlawful public possession only if the person under
21 is accompanied by a parent, guardian, or spouse who is at least 21.
(Amends R.S. 14:93.10(2)(a)(iv))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.