HB 373 – AS AMENDED BY THE SENATE
02Jan2008… 2511h
05/15/08 1867s
2007 SESSION
03/05
HOUSE BILL 373
AN ACT relative to unlawful possession of alcohol by a minor.
SPONSORS: Rep. Tholl, Coos 2; Rep. W. Knowles, Straf 6; Rep. Welch, Rock 8; Sen. Downing, Dist 22
COMMITTEE: Criminal Justice and Public Safety
This bill changes the prohibition on intoxication by a minor to a prohibition on consumption of any alcoholic beverage by a minor. This bill also directs the proceeds of sales of forfeited alcoholic beverages to the municipality in which the offense was committed.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2511h
05/15/08 1867s
07-0131
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to unlawful possession of alcohol by a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unlawful Possession of Alcohol by a Minor. RSA 179:10 is repealed and reenacted to read as follows:
179:10 Unlawful Possession of Alcohol by a Minor.
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 has consumed any alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of consumption. In lieu of any or all portions of such fines, the court may impose community service for such period as the court deems appropriate under the circumstances.
II. Except for persons convicted on the basis of having consumed an alcoholic beverage, 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 to the municipality in which the offense was committed.
2 Effective Date. This act shall take effect January 1, 2009.