0001|                            HOUSE BILL 362
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           DAVID M. PARSONS
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO ALCOHOLIC BEVERAGES; PRESCRIBING CRIMINAL
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0012|     PENALTIES FOR PROVIDING ALCOHOLIC BEVERAGES TO A MINOR;
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0013|     PROVIDING AN EXCEPTION; AMENDING A SECTION OF THE LIQUOR
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0014|     CONTROL ACT.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 60-7B-1 NMSA 1978 (being Laws 1993,
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0018|     Chapter 68, Section 22) is amended to read:
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0019|          "60-7B-1.  SELLING OR GIVING ALCOHOLIC BEVERAGES TO 
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0020|     MINORS--POSSESSION.--
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0021|               A.  It is a violation of the Liquor Control Act for
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0022|     ~[any]~ |a| person, |including a person| licensed pursuant to
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0023|     the provisions of the Liquor Control Act, or ~[any]~ |an|
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0024|     employee, agent or lessee of that person, if he knows or has
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0025|     reason to know that he is violating the provisions of this
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0001|     section, to:
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0002|                    (1)  sell, serve or give ~[any]~ alcoholic
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0003|     beverages to a minor or permit a minor to consume alcoholic
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0004|     beverages on the licensed premises;
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0005|                    (2)  buy alcoholic beverages for or procure
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0006|     the sale or service of alcoholic beverages to a minor;
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0007|                    (3)  deliver alcoholic beverages to a minor;
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0008|     or
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0009|                    (4)  aid or assist a minor to buy, procure or
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0010|     be served with alcoholic beverages. 
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0011|               |B.  It is not a violation of the Liquor Control
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0012|     Act, as provided in Subsection A or C of this section, when a
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0013|     parent or legal guardian of a minor serves alcoholic beverages
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0014|     to that minor on real property, other than licensed premises,
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0015|     under the control of the parent or legal guardian; provided
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0016|     that the parent or legal guardian ensures that the minor
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0017|     remains on the real property under the control of the parent
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0018|     or legal guardian until the minor is no longer under the
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0019|     influence of the alcoholic beverages.|
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0020|               ~[B.]~ |C.|  It is a violation of the Liquor
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0021|     Control Act for ~[any]~ |a| minor to buy, attempt to buy,
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0022|     receive, possess or permit himself to be served with ~[any]~
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0023|     alcoholic beverages. 
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0024|               ~[C.]~ |D.|  In the event ~[any]~ |a| person
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0025|     ~[except]~ |other than| a minor procures ~[any other]~
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0001|     |another| person to sell, serve or deliver ~[any]~ alcoholic
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0002|     beverages to a minor by actual or constructive
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0003|     misrepresentation of ~[any]~ facts calculated to cause, or by
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0004|     a concealment of ~[any]~ facts the concealment of which is
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0005|     calculated to cause, the person selling, serving or delivering
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0006|     the alcoholic beverages to the minor to believe that ~[such]~
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0007|     |the| minor is legally entitled to be sold, served or
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0008|     delivered alcoholic beverages and actually deceiving him by
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0009|     ~[such]~ |that| misrepresentation or concealment, then that
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0010|     person and not the person so deceived by ~[such]~ |the|
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0011|     misrepresentation or concealment shall have violated the
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0012|     Liquor Control Act.
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0013|               ~[D.]~ |E.|  As used in the Liquor Control Act,
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0014|     "minor" means ~[any]~ |a| person under twenty-one years of
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0015|     age. 
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0016|               ~[E.]~ |F.|  Violation of this section by a minor
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0017|     with respect to possession is a petty misdemeanor.  Upon
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0018|     conviction, the offender may be sentenced in accordance with
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0019|     Section 31-19-1 NMSA 1978.  Any sentence imposed pursuant to
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0020|     this subsection may be suspended in the discretion of the
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0021|     court upon the condition that:
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0022|                    (1)  the minor ~[accepts]~ |accept| the
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0023|     suspension of his driver's license for a period not to exceed
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0024|     three months, whereupon the trial court may dismiss the
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0025|     possession of alcoholic beverage charge and it shall not be
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0001|     considered a conviction.  In the event the minor's driver's
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0002|     license is to be suspended, the trial court shall inform the
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0003|     motor vehicle division of the taxation and revenue department
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0004|     of the action; provided, however, if the minor drives during
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0005|     the period of suspension, then the court may impose a fine,
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0006|     jail sentence or both, ~[such]~ |the| fine and sentence not to
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0007|     exceed the maximums imposed for petty misdemeanors or may
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0008|     impose punishment pursuant to Paragraph (2) of this
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0009|     subsection; and 
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0010|                    (2)  the minor assist in a community project
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0011|     designated by the court, up to fifty hours, whereupon the
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0012|     trial court may dismiss the possession of alcoholic beverage
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0013|     charge and it shall not be considered a conviction."
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0014|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0015|     provisions of this act is July 1, 1998.
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0016|                              
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