Louisiana 2015 2015 Regular Session

Louisiana House Bill HB343 Comm Sub / Analysis

                    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 Engrossed	2015 Regular Session	Hazel
Abstract:  Defines "private residence" for purposes of the exception to the prohibition on public
possession of alcohol by persons under the age of twenty-one.
Present law (R.S. 14:93.12) prohibits the "public possession" of any alcoholic 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 provides that for these purposes a "private residence" includes a residential dwelling
and up to 20 contiguous acres, on which the dwelling is located, owned by the same person who
owns the dwelling.
(Amends R.S. 14:93.10(2)(a)(iv))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Remove proposed law provision which provided that possession in a private residence
is only excluded from the definition of "public possession" if the person under 21 is accompanied by a parent, guardian, or spouse.
2. Provide that "private residence" includes a residential dwelling and up to 20 contiguous
acres, on which the dwelling is located, owned by the same person who owns the
dwelling.