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 67 Original 2016 Regular Session Bacala
Abstract: Prohibits the possession and consumption of alcoholic beverages by persons under the
age of 18 years except in certain circumstances.
Present law (R.S. 14:93.12) 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. 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 a private residence, which shall include a residential dwelling and up to twenty contiguous
acres, on which the dwelling is located, owned by the same person who owns the dwelling.
Proposed law retains present law as it pertains to persons who are at least 18 years of age but not yet
21 years. For those under the age of 18 years, proposed law provides the following exceptions to
the general prohibition of public possession of alcohol:
(1)The person is under the direct supervision of a parent or legal guardian who is 21 years of
age or older.
(2)An established religious purpose.
(3)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)When possession is pursuant to employment by a duly licensed manufacturer, wholesaler, or retailer of alcoholic beverages.
Proposed law provides penalties of a fine of not more than $100, imprisonment for not more than
10 days, or both.
(Adds R.S. 14:93.12.1)