Louisiana 2016 2016 Regular Session

Louisiana House Bill HB182 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 182 Original	2016 Regular Session	Foil
Abstract:  Removes the possibility of jail time for possession of alcoholic beverages by persons
under 21 years of age, and provides that 17-year olds shall be subject to delinquency
proceedings for alcohol possession violations.
Present law prohibits the "public possession" of any alcoholic beverage by persons under 21 years
of age and 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.  
Present law provides penalties of a fine of not more than $100, or imprisonment for not more than
six months, or both.
Proposed law removes the possibility of jail time from the penalty provision and otherwise retains
present law.
Present law provides that any person apprehended violating present law shall be issued a citation by
the apprehending law enforcement officer, which shall be paid in the same manner as provided for
the offenders of local traffic violations.  
Present law, generally, provides that persons under the age of 17 who commit delinquent acts are
subject to juvenile court, and persons from ages 17 and up are subject to adult criminal court. 
Proposed law retains present law except it moves 17-year olds to juvenile court for the purposes of
this crime.
(Amends R.S. 14:93.12(B)(1) and (3); Adds R.S. 14:93.12(B)(4))