SF 2845

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; increasing criminal penalties and 
  1.3             driver license sanctions for underage persons who use 
  1.4             any type of false identification to purchase or 
  1.5             attempt to purchase alcoholic beverages or tobacco; 
  1.6             authorizing retailers to seize false identification; 
  1.7             amending Minnesota Statutes 1998, sections 171.171; 
  1.8             340A.702; and 609.685, subdivisions 1a, 2, 3, and by 
  1.9             adding a subdivision; Minnesota Statutes 1999 
  1.10            Supplement, sections 260B.235, subdivision 4; 
  1.11            340A.503, subdivision 6; and 609.685, subdivision 5. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 171.171, is 
  1.14  amended to read: 
  1.15     171.171 [SUSPENSION; ILLEGAL PURCHASE OF ALCOHOL OR 
  1.16  TOBACCO.] 
  1.17     The commissioner shall suspend for a period of 90 days the 
  1.18  license of a person who: 
  1.19     (1) is under the age of 21 years and is convicted of 
  1.20  purchasing or attempting to purchase an alcoholic beverage in 
  1.21  violation of section 340A.503 if the person used a license or, 
  1.22  Minnesota identification card, or any type of false 
  1.23  identification to purchase or attempt to purchase the alcoholic 
  1.24  beverage; 
  1.25     (2) is convicted under section 171.22, subdivision 1, 
  1.26  clause (2), or 340A.503, subdivision 2, clause (3), of lending 
  1.27  or knowingly permitting a person under the age of 21 years to 
  1.28  use the person's license or, Minnesota identification card, or 
  2.1   other type of identification to purchase or attempt to purchase 
  2.2   an alcoholic beverage; 
  2.3      (3) is under the age of 18 years and is found by a court to 
  2.4   have committed a petty misdemeanor under section 609.685, 
  2.5   subdivision 3, if the person used a license or, Minnesota 
  2.6   identification card, or any type of false identification to 
  2.7   purchase or attempt to purchase the tobacco product; or 
  2.8      (4) is convicted under section 171.22, subdivision 1, 
  2.9   clause (2), of lending or knowingly permitting a person under 
  2.10  the age of 18 years to use the person's license or, Minnesota 
  2.11  identification card, or other type of identification to purchase 
  2.12  or attempt to purchase a tobacco product. 
  2.13     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  2.14  260B.235, subdivision 4, is amended to read: 
  2.15     Subd. 4.  [DISPOSITIONS.] If the juvenile court finds that 
  2.16  a child is a petty offender, the court may: 
  2.17     (a) require the child to pay a fine of up to $100; 
  2.18     (b) require the child to participate in a community service 
  2.19  project; 
  2.20     (c) require the child to participate in a drug awareness 
  2.21  program; 
  2.22     (d) place the child on probation for up to six months; 
  2.23     (e) order the child to undergo a chemical dependency 
  2.24  evaluation and if warranted by this evaluation, order 
  2.25  participation by the child in an outpatient chemical dependency 
  2.26  treatment program; 
  2.27     (f) order the child to make restitution to the victim; or 
  2.28     (g) perform any other activities or participate in any 
  2.29  other outpatient treatment programs deemed appropriate by the 
  2.30  court. 
  2.31     In all cases where the juvenile court finds that a child 
  2.32  has purchased or attempted to purchase an alcoholic beverage in 
  2.33  violation of section 340A.503, if the child has a driver's 
  2.34  license or permit to drive, and if the child used a driver's 
  2.35  license, permit or, Minnesota identification card, or any type 
  2.36  of false identification to purchase or attempt to purchase the 
  3.1   alcoholic beverage, the court shall forward its finding in the 
  3.2   case and the child's driver's license or permit to the 
  3.3   commissioner of public safety. Upon receipt, the commissioner 
  3.4   shall suspend the child's license or permit for a period of 90 
  3.5   days. 
  3.6      In all cases where the juvenile court finds that a child 
  3.7   has purchased or attempted to purchase tobacco in violation of 
  3.8   section 609.685, subdivision 3, if the child has a driver's 
  3.9   license or permit to drive, and if the child used a driver's 
  3.10  license, permit, or Minnesota identification card, or any type 
  3.11  of false identification to purchase or attempt to purchase 
  3.12  tobacco, the court shall forward its finding in the case and the 
  3.13  child's driver's license or permit to the commissioner of public 
  3.14  safety. Upon receipt, the commissioner shall suspend the child's 
  3.15  license or permit for a period of 90 days. 
  3.16     None of the dispositional alternatives described in clauses 
  3.17  (a) to (f) shall be imposed by the court in a manner which would 
  3.18  cause an undue hardship upon the child. 
  3.19     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.20  340A.503, subdivision 6, is amended to read: 
  3.21     Subd. 6.  [PROOF OF AGE; DEFENSE; SEIZURE OF FALSE 
  3.22  IDENTIFICATION.] (a) Proof of age for purchasing or consuming 
  3.23  alcoholic beverages may be established only by one of the 
  3.24  following: 
  3.25     (1) a valid driver's license or identification card issued 
  3.26  by Minnesota, another state, or a province of Canada, and 
  3.27  including the photograph and date of birth of the licensed 
  3.28  person; 
  3.29     (2) a valid military identification card issued by the 
  3.30  United States Department of Defense; 
  3.31     (3) a valid passport issued by the United States; or 
  3.32     (4) in the case of a foreign national, by a valid passport. 
  3.33     (b) In a prosecution under subdivision 2, clause (1), it is 
  3.34  a defense for the defendant to prove by a preponderance of the 
  3.35  evidence that the defendant reasonably and in good faith relied 
  3.36  upon representations of proof of age authorized in paragraph (a) 
  4.1   in selling, bartering, furnishing, or giving the alcoholic 
  4.2   beverage. 
  4.3      (c) A licensed retailer or municipal liquor store may seize 
  4.4   a form of identification listed under paragraph (a) if the 
  4.5   retailer or municipal liquor store has reasonable grounds to 
  4.6   believe that the form of identification has been altered or 
  4.7   falsified or is being used to violate any law.  A retailer or 
  4.8   municipal liquor store that seizes a form of identification as 
  4.9   authorized under this paragraph must deliver it to a law 
  4.10  enforcement agency, within 24 hours of seizing it. 
  4.11     Sec. 4.  Minnesota Statutes 1998, section 340A.702, is 
  4.12  amended to read: 
  4.13     340A.702 [GROSS MISDEMEANORS.] 
  4.14     It is a gross misdemeanor:  
  4.15     (1) to sell an alcoholic beverage without a license 
  4.16  authorizing the sale; 
  4.17     (2) for a licensee to refuse or neglect to obey a lawful 
  4.18  direction or order of the commissioner or the commissioner's 
  4.19  agent, withhold information or a document the commissioner calls 
  4.20  for examination, obstruct or mislead the commissioner in the 
  4.21  execution of the commissioner's duties or swear falsely under 
  4.22  oath; 
  4.23     (3) to violate the provisions of sections 340A.301 to 
  4.24  340A.312; 
  4.25     (4) to violate the provisions of section 340A.508; 
  4.26     (5) for any person, partnership, or corporation to 
  4.27  knowingly have or possess direct or indirect interest in more 
  4.28  than one off-sale intoxicating liquor license in a municipality 
  4.29  in violation of section 340A.412, subdivision 3; 
  4.30     (6) to sell or otherwise dispose of intoxicating liquor 
  4.31  within 1,000 feet of a state hospital, training school, 
  4.32  reformatory, prison, or other institution under the supervision 
  4.33  and control, in whole or in part, of the commissioner of human 
  4.34  services or the commissioner of corrections; 
  4.35     (7) to violate the provisions of section 340A.502; 
  4.36     (8) except as otherwise provided in section 340A.701, to 
  5.1   violate the provisions of section 340A.503, subdivision 2, 
  5.2   clause (1) or (3); 
  5.3      (9) to withhold any information, book, paper, or other 
  5.4   thing called for by the commissioner for the purpose of an 
  5.5   examination; 
  5.6      (10) to obstruct or mislead the commissioner in the 
  5.7   execution of the commissioner's duties; or 
  5.8      (11) to swear falsely concerning any matter stated under 
  5.9   oath; or 
  5.10     (12) to violate the provisions of section 340A.503, 
  5.11  subdivision 5, after having been convicted previously of 
  5.12  violating section 340A.503, subdivision 5. 
  5.13     Sec. 5.  Minnesota Statutes 1998, section 609.685, 
  5.14  subdivision 1a, is amended to read: 
  5.15     Subd. 1a.  [GROSS MISDEMEANOR PENALTY TO SELL.] (a) Whoever 
  5.16  sells tobacco to a person under the age of 18 years is guilty of 
  5.17  a misdemeanor for the first violation.  Whoever violates this 
  5.18  subdivision a subsequent time within five years of a previous 
  5.19  conviction under this subdivision is guilty of a gross 
  5.20  misdemeanor. 
  5.21     (b) It is an affirmative defense to a charge under this 
  5.22  subdivision if the defendant proves by a preponderance of the 
  5.23  evidence that the defendant reasonably and in good faith relied 
  5.24  on proof of age as described in section 340A.503, subdivision 6. 
  5.25     Sec. 6.  Minnesota Statutes 1998, section 609.685, 
  5.26  subdivision 2, is amended to read: 
  5.27     Subd. 2.  [MISDEMEANOR OTHER OFFENSES.] (a) Whoever 
  5.28  furnishes tobacco or tobacco-related devices to a person under 
  5.29  the age of 18 years is guilty of a misdemeanor for the first 
  5.30  violation.  Whoever violates this paragraph a subsequent time is 
  5.31  guilty of a gross misdemeanor. 
  5.32     (b) A person under the age of 18 years who purchases or 
  5.33  attempts to purchase tobacco or tobacco-related devices and who 
  5.34  uses a driver's license, permit, Minnesota identification card, 
  5.35  or any type of false identification to misrepresent the person's 
  5.36  age, is guilty of a misdemeanor. 
  6.1      Sec. 7.  Minnesota Statutes 1998, section 609.685, 
  6.2   subdivision 3, is amended to read: 
  6.3      Subd. 3.  [PETTY MISDEMEANOR.] Except as otherwise provided 
  6.4   in subdivision 2, whoever possesses, smokes, chews, or otherwise 
  6.5   ingests, purchases, or attempts to purchase tobacco or tobacco 
  6.6   related devices and is under the age of 18 years is guilty of a 
  6.7   petty misdemeanor.  This subdivision does not apply to a person 
  6.8   under the age of 18 years who purchases or attempts to purchase 
  6.9   tobacco or tobacco related devices while under the direct 
  6.10  supervision of a responsible adult for training, education, 
  6.11  research, or enforcement purposes. 
  6.12     Sec. 8.  Minnesota Statutes 1999 Supplement, section 
  6.13  609.685, subdivision 5, is amended to read: 
  6.14     Subd. 5.  [EXCEPTION EXCEPTIONS.] (a) Notwithstanding 
  6.15  subdivision 2, an Indian may furnish tobacco to an Indian under 
  6.16  the age of 18 years if the tobacco is furnished as part of a 
  6.17  traditional Indian spiritual or cultural ceremony.  For purposes 
  6.18  of this subdivision paragraph, an Indian is a person who is a 
  6.19  member of an Indian tribe as defined in section 260.755, 
  6.20  subdivision 12. 
  6.21     (b) The penalties in this section do not apply to a person 
  6.22  under the age of 18 years who purchases or attempts to purchase 
  6.23  tobacco or tobacco-related devices while under the direct 
  6.24  supervision of a responsible adult for training, education, 
  6.25  research, or enforcement purposes. 
  6.26     Sec. 9.  Minnesota Statutes 1998, section 609.685, is 
  6.27  amended by adding a subdivision to read: 
  6.28     Subd. 6.  [SEIZURE OF FALSE IDENTIFICATION.] A retailer may 
  6.29  seize a form of identification listed in section 340A.503, 
  6.30  subdivision 6, if the retailer has reasonable grounds to believe 
  6.31  that the form of identification has been altered or falsified or 
  6.32  is being used to violate any law.  A retailer that seizes a form 
  6.33  of identification as authorized under this subdivision shall 
  6.34  deliver it to a law enforcement agency within 24 hours of 
  6.35  seizing it. 
  6.36     Sec. 10.  [EFFECTIVE DATE.] 
  7.1      Sections 1 to 9 are effective August 1, 2000, and apply to 
  7.2   violations occurring on or after that date.