Report Title:

Alcoholic Beverages; Minors

Description:

Lowers legal drinking age from 21 to 18 years of age.

HOUSE OF REPRESENTATIVES

H.B. NO.

1203

TWENTY-THIRD LEGISLATURE, 2005

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

relating to alcoholic beverages.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 281-1, Hawaii Revised Statutes, is amended by amending the definition of "minor" to read as follows:

""Minor" means any person below the age of [twenty-one] eighteen years."

SECTION 2. Section 281-101.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) No minor shall purchase liquor and no minor shall have liquor in the minor's possession or custody in any motor vehicle on a public highway or in any public place, public gathering, or public amusement or at any public beach or public park; provided that notwithstanding any other law to the contrary, this subsection shall not apply to:

(1) Possession or custody of liquor by a minor in the course of delivery, pursuant to the direction of the minor's employer lawfully engaged in business necessitating the delivery;

(2) Possession or custody of liquor by a minor in connection with the minor's authorized participation in religious ceremonies requiring the possession or custody; or

(3) Any person [between] under the [ages] age of eighteen [and twenty], who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health to determine the level of incidence of liquor sales to minors."

2. By amending subsection (d) to read:

"(d) Any person under age eighteen who violates this section shall be subject to the jurisdiction of the family court. [Any person age eighteen or older who violates subsection (a) shall be guilty of a misdemeanor. Any person age eighteen to twenty-one who violates subsections (b) or (c) shall be guilty of a petty misdemeanor.]"

SECTION 3. Section 286-109, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon payment of the required fee and upon demonstrating the ability to operate a certain category or categories of motor vehicles to the satisfaction of the examiner of drivers, an applicant for a driver's license shall be issued a single license of a design approved by the director of transportation upon which is made a notation of:

(1) The category or categories of motor vehicles the applicant may operate;

(2) Any restrictive provisions to which the license is subject; and

(3) When the license is issued to a person under [twenty-one] eighteen years of age, a statement, in clearly legible print that shall contrast with the other information appearing on the license, which indicates the date on which the person will attain the age of [twenty-one] eighteen years."

SECTION 4. Section 712-1250.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (2) to read:

"(2) It is a defense to a prosecution for promoting intoxicating liquor to a minor that:

(a) The intoxicating liquor provided to the minor was an ingredient in a medicine prescribed by a licensed physician for medical treatment of the minor; or

(b) The intoxicating liquor was provided to the minor as part of a ceremony of a recognized religion; or

(c) The defendant provided the intoxicating liquor to the minor with the belief, which was reasonable under the circumstances, that the minor had attained the age of [twenty-one;] eighteen years; or

(d) The defendant provided the intoxicating liquor to the minor with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the minor would not consume any portion of the substance; or

(e) The defendant provided the intoxicating liquor to the minor with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the minor would consume the substance only in the presence of the parent or legal guardian; or

(f) The intoxicating liquor was possessed by the minor to be sold or served as allowed by law."

2. By amending subsection (4) to read:

"(4) For the purposes of this section, "minor" means any person below the age of [twenty-one] eighteen years."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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