CHAPTER 256

HB 1433 - FINAL VERSION

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2002 SESSION

02-2426

03/10

HOUSE BILL 1433

AN ACT prohibiting intoxication from consumption of alcoholic beverages by minors.

SPONSORS: Rep. Tholl, Coos 5; Rep. Almy, Graf 14; Rep. Welch, Rock 18; Sen. Below, Dist 5; Sen. Pignatelli, Dist 13; Sen. Gordon, Dist 2

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill establishes that a person under the age of 21 is guilty of a violation if he or she is intoxicated by consumption of an alcoholic beverage.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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2may02...3782eba

02-2426

03/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

AN ACT prohibiting intoxication from consumption of alcoholic beverages by minors.

Be it Enacted by the Senate and House of Representatives in General Court convened:

256:1 Alcoholic Beverages; Unlawful Possession; Intoxication. Amend RSA 179:10 to read as follows:

179:10 Unlawful Possession and Intoxication.

I. Except as provided in RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $250. Any second and subsequent offense shall be fined at least $500. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.

II. Except for persons convicted on the basis of intoxication, any person under the age of 21 years convicted of unlawful possession of liquor or beverage shall forfeit the same, and it shall be disposed of as the court directs. The proceeds, if any, shall be paid into the treasury of the county in which the proceedings were determined.

256:2 Effective Date. This act shall take effect January 1, 2003.

(Approved: May 17, 2002)

(Effective Date: January 1, 2003)