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 Engrossed 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 a citation issued by a law enforcement officer for
such violation shall not be included on the person's criminal history record.
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 for 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.
Proposed law retains present law and provides that a citation issued by a law enforcement officer for
a violation of this present law offense of underage possession of an alcoholic beverage shall not be
included on the person's criminal history record.
(Amends R.S. 14:93.12(B)(1) and (2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Adds language providing that a citation issued by a law enforcement officer for a
violation of this present law offense of underage possession of an alcoholic beverage
shall not be included on the person's criminal history record.
2. Deletes the provision which would have required 17-year-olds to be subject to juvenile
court jurisdiction for a violation of this present law offense.