0001| HOUSE BILL 150
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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| JOE NESTOR CHAVEZ
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0006|
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0007|
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0008| FOR THE DWI OVERSIGHT TASK FORCE
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0009|
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0010| AN ACT
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0011| RELATING TO ALCOHOLIC BEVERAGES; INCREASING THE PENALTIES FOR
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0012| PROVIDING ALCOHOL TO A MINOR AND FOR POSSESSION OF ALCOHOL BY
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0013| A MINOR; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-7B-1 NMSA 1978 (being Laws 1993,
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0017| Chapter 68, Section 22) is amended to read:
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0018| "60-7B-1. SELLING OR GIVING ALCOHOLIC BEVERAGES TO
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0019| MINORS--POSSESSION.--
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0020| A. It is a violation of the Liquor Control Act for
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0021| [any] a person, including a person licensed pursuant to
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0022| the provisions of the Liquor Control Act, or [any] an
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0023| employee, agent or lessee of that person, if he knows or has
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0024| reason to know that he is violating the provisions of this
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0025| section, to:
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0001| (1) sell, serve or give [any] alcoholic
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0002| beverages to a minor or permit a minor to consume alcoholic
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0003| beverages on the licensed premises;
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0004| (2) buy alcoholic beverages for or procure
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0005| the sale or service of alcoholic beverages to a minor;
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0006| (3) deliver alcoholic beverages to a minor;
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0007| or
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0008| (4) aid or assist a minor to buy, procure or
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0009| be served with alcoholic beverages.
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0010| B. It is not a violation of the Liquor Control
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0011| Act, as provided in Subsection A or C of this section, when a
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0012| parent or legal guardian of a minor serves alcoholic beverages
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0013| to that minor on real property, other than licensed premises,
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0014| under the control of the parent or legal guardian.
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0015| [B.] C. It is a violation of the Liquor
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0016| Control Act for [any] a minor to buy, attempt to buy,
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0017| receive, possess or permit himself to be served with [any]
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0018| alcoholic beverages.
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0019| [C.] D. In the event [any] a person
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0020| [except] other than a minor procures [any other]
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0021| another person to sell, serve or deliver [any] alcoholic
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0022| beverages to a minor by actual or constructive
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0023| misrepresentation of [any] facts calculated to cause, or by
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0024| a concealment of [any] facts the concealment of which is
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0025| calculated to cause, the person selling, serving or delivering
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0001| the alcoholic beverages to the minor to believe that [such]
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0002| the minor is legally entitled to be sold, served or
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0003| delivered alcoholic beverages and actually deceiving him by
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0004| [such] that misrepresentation or concealment, then that
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0005| person and not the person so deceived by such
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0006| misrepresentation or concealment shall have violated the
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0007| Liquor Control Act.
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0008| [D.] E. As used in the Liquor Control Act,
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0009| "minor" means [any] a person under twenty-one years of
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0010| age.
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0011| [E. Violation of this section by a minor with
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respect to possession is a petty misdemeanor. Upon
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conviction, the offender may be sentenced in accordance with
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Section 31-19-1 NMSA 1978. Any sentence imposed pursuant to
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this subsection may be suspended in the discretion of the
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court upon the condition that:
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(1) the minor accepts the suspension of his
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driver's license for a period not to exceed three months,
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whereupon the trial court may dismiss the possession of
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alcoholic beverage charge and it shall not be considered a
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conviction. In the event the minor's driver's license is to
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be suspended, the trial court shall inform the motor vehicle
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division of the taxation and revenue department of the action;
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provided, however, if the minor drives during the period of
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suspension, then the court may impose a fine, jail sentence or
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both, such fine and sentence not to exceed the maximums
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imposed for petty misdemeanors or may impose punishment
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pursuant to Paragraph (2) of this subsection; and
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(2) the minor assist in a community project
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designated by the court, up to fifty hours, whereupon the
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trial court may dismiss the possession of alcoholic beverage
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charge and it shall not be considered a conviction.]
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0008| F. In addition to the penalties provided in
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0009| Section 60-6C-1 NMSA 1978, a violation of the provisions of
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0010| Subsection A of this section is a misdemeanor and the offender
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0011| shall be punished as follows:
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0012| (1) for a first violation, the offender shall
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0013| be:
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0014| (a) fined an amount not more than one
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0015| thousand dollars ($1,000); and
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0016| (b) ordered by the sentencing court to
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0017| perform thirty hours of community service related to reducing
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0018| the incidence of driving while under the influence of
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0019| intoxicating liquor;
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0020| (2) for a second violation, the offender
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0021| shall:
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0022| (a) be fined an amount not more than
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0023| one thousand dollars ($1,000);
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0024| (b) be ordered by the sentencing court
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0025| to perform forty hours of community service related to
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0001| reducing the incidence of driving while under the influence of
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0002| intoxicating liquor; and
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0003| (c) have his license, issued pursuant
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0004| to the Alcohol Server Education Act, suspended for a period of
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0005| sixty days; and
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0006| (3) for a third or subsequent violation, the
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0007| offender shall:
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0008| (a) be fined an amount not more than
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0009| one thousand dollars ($1,000);
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0010| (b) be ordered by the sentencing court
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0011| to perform sixty hours of community service related to
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0012| reducing the incidence of driving while under the influence of
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0013| intoxicating liquor; and
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0014| (c) have his license, issued pursuant
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0015| to the Alcohol Server Education Act, suspended for a period of
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0016| one year.
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0017| G. A violation of the provisions of Subsection C
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0018| of this section is a misdemeanor and the offender shall be
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0019| punished as follows:
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0020| (1) for a first violation, the offender shall
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0021| be:
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0022| (a) fined an amount not more than one
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0023| thousand dollars ($1,000); and
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0024| (b) ordered by the sentencing court to
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0025| perform thirty hours of community service related to reducing
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0001| the incidence of driving while under the influence of
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0002| intoxicating liquor;
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0003| (2) for a second violation, the offender
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0004| shall:
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0005| (a) be fined an amount not more than
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0006| one thousand dollars ($1,000);
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0007| (b) be ordered by the sentencing court
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0008| to perform forty hours of community service related to
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0009| reducing the incidence of driving while under the influence of
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0010| intoxicating liquor; and
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0011| (c) have his driver's license suspended
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0012| for a period of ninety days. If the minor is too young to
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0013| possess a driver's license at the time of the violation, then
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0014| ninety days shall be added to the date he would otherwise
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0015| become eligible to obtain a driver's license; and
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0016| (3) for a third or subsequent violation, the
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0017| offender shall:
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0018| (a) be fined an amount not more than
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0019| one thousand dollars ($1,000);
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0020| (b) be ordered by the sentencing court
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0021| to perform sixty hours of community service related to
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0022| reducing the incidence of driving while under the influence of
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0023| intoxicating liquor; and
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0024| (c) have his driver's license suspended
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0025| for a period of two years or until the offender reaches
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0001| twenty-one years of age, whichever period of time is greater.
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0002| H. A violation of the provisions of Subsection D
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0003| of this section is a misdemeanor and the offender shall be
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0004| punished as follows:
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0005| (1) for a first violation, the offender shall
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0006| be:
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0007| (a) fined an amount not more than one
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0008| thousand dollars ($1,000); and
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0009| (b) ordered by the sentencing court to
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0010| perform thirty hours of community service related to reducing
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0011| the incidence of driving while under the influence of
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0012| intoxicating liquor;
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0013| (2) for a second violation, the offender
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0014| shall be:
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0015| (a) fined an amount not more than one
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0016| thousand dollars ($1,000); and
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0017| (b) ordered by the sentencing court to
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0018| perform forty hours of community service related to reducing
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0019| the incidence of driving while under the influence of
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0020| intoxicating liquor; and
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0021| (3) for a third or subsequent violation, the
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0022| offender shall be:
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0023| (a) fined an amount not more than one
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0024| thousand dollars ($1,000);
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0025| (b) ordered by the sentencing court to
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0001| perform sixty hours of community service related to reducing
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0002| the incidence of driving while under the influence of
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0003| intoxicating liquor; and
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0004| (c) sentenced to a jail term of not
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0005| less than two days and not more than five days."
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0006| Section 2. EFFECTIVE DATE.--The effective date of the
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0007| provisions of this act is July 1, 1998.
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