HLS 16RS-341 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 67
BY REPRESENTATIVES BACALA AND BERTHELOT
ALCOHOLIC BEVERAGES: Provides relative to the possession and consumption of
alcoholic beverages by persons under the age of 18
1 AN ACT
2To enact R.S. 14:93.12.1, relative to the unlawful possession of alcoholic beverages; to
3 provide relative to the crime prohibiting possession or consumption of alcoholic
4 beverages by a person under eighteen years of age; to provide for exceptions; to
5 provide for criminal penalties; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:93.12.1 is hereby enacted to read as follows:
8 ยง93.12.1. Purchase and public possession of alcoholic beverages by persons under
9 eighteen years of age; exceptions; penalties
10 A. Notwithstanding R.S. 14:93.12 or any other provision of law to the
11 contrary, no person under the age of eighteen years may possess or consume an
12 alcoholic beverage unless such person is under the direct supervision of a parent or
13 legal guardian who is twenty-one years of age or older, or unless the possession or
14 consumption is for:
15 (1) An established religious purpose.
16 (2) Medical purposes when purchased as an over the counter medication, or
17 when prescribed or administered by a licensed physician, pharmacist, dentist, nurse,
18 hospital, or medical institution.
19 (3) When possession is pursuant to employment by a duly licensed
20 manufacturer, wholesaler, or retailer of alcoholic beverages.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 67
1 B. For purposes of this Section, "legal guardian" means a person appointed
2 by a court to make decisions regarding the support, care, education, health, or
3 welfare of a person.
4 C.(1) Whoever violates the provisions of this Section, on a first offense, shall
5 be fined not more than twenty-five dollars.
6 (2) Whoever violates the provisions of this Section, on a second or
7 subsequent offense, shall be fined not more than one hundred dollars.
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 Engrossed 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 20
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.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 67
(4)When possession is pursuant to employment by a duly licensed manufacturer,
wholesaler, or retailer of alcoholic beverages.
Proposed law provides that for a first offense, the offender shall be fined not more than $25,
and for a second or subsequent offense, the offender shall be fined not more than $100.
(Adds R.S. 14:93.12.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Amend the penalties to remove the term of imprisonment and provide a fine of
up to $25 for a first offense and a fine of up to $100 for any subsequent offense.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.