HOUSE BILL 275
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Brian K. Moore
AN ACT
RELATING TO SCHOOLS; PROHIBITING ALCOHOL POSSESSION OR CONSUMPTION ON PUBLIC SCHOOL PREMISES; ESTABLISHING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "School Alcohol-Free Zone Act".
Section 2. DEFINITIONS.--As used in the School Alcohol-Free Zone Act:
A. "alcoholic beverage" means a beverage with no less than one-half percent alcohol and includes wine, beer, fermented, distilled, rectified and fortified beverages; and
B. "school grounds" means public elementary and secondary schools, including charter schools and facilities in or on which public school-related and sanctioned activities are performed, but does not include other commercial properties owned by a school district but not related to the functions of a public school. "School grounds" includes the buildings, playing fields, parking lots and other facilities located on a school's premises.
Section 3. ALCOHOLIC BEVERAGES PROHIBITED ON PUBLIC SCHOOL GROUNDS.--It is unlawful to possess or consume alcoholic beverages on public school grounds.
Section 4. NOTICES REQUIRED.--A school shall conspicuously post notices on school grounds stating that possession and consumption of alcoholic beverages is prohibited on school grounds.
Section 5. PENALTIES.--
A. A person convicted of consumption or possession of an alcoholic beverage on school property for the first offense is guilty of a petty misdemeanor and subject to a fine of not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100) and may be ordered to perform community service.
B. A person convicted of consumption or possession of an alcoholic beverage on school property for the second or a subsequent offense is guilty of a misdemeanor and subject to a fine of not more than five hundred dollars ($500) or imprisonment for a definite term not to exceed six months, or both.
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