SB 125 – AS INTRODUCED
2009 SESSION
04/09
SENATE BILL 125
AN ACT relative to proof of age for an underage drug or alcohol house party.
SPONSORS: Sen. Roberge, Dist 9; Sen. Gallus, Dist 1; Sen. Letourneau, Dist 19; Rep. Hawkins, Hills 18; Rep. Graham, Hills 18
This bill provides that testimony by a law enforcement officer establishing the age of an individual at an underage drug or alcohol house party by examination of a government-issued identification card, which includes the individual’s photograph and date of birth, shall create a rebuttable presumption as to the individual’s age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0974
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to proof of age for an underage drug or alcohol house party.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Facilitating an Underage Drug or Alcohol House Party. Amend RSA 644:18 to read as follows:
644:18 Facilitating a Drug or Underage Alcohol House Party.
I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.
II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.
III. Testimony by a law enforcement officer under this section establishing the age of an individual at the party by examination of a government-issued identification card, which includes the individual’s photograph and date of birth, shall create a rebuttable presumption as to the individual’s age.
IV. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635: 1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.
[IV] V. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.
2 Effective Date. This act shall take effect January 1, 2010.