Legislative Committee Approves Underage Drinking Bill

The state legislature’s Judiciary Committee has approved a bill making it an infraction for a minor to possess alcohol on private property.

The bill also would prohibit anyone from knowingly permitting a minor to possess alcohol on private property or failing to make “reasonable efforts to halt such possession.”

The measure passed by a 33-0 vote Friday. Nine committee members five Republicans and four Democrats ֖ were absent, according to a summary posted on the Connecticut General Assembly Web site.

Sen. Andrew McDonald, a Stamford Democrat who is co-chair of the committee, said he expected the measure to come to the House floor within a couple of weeks. He acknowledged the bill was controversial and said passage could be “an uphill battle.”

The committee, which held a public hearing on the proposal March 21, recommended deletion of a section providing for fines of not less than $200 nor more than $500 and substituting language merely classifying violation of the act as an infraction.

Under state law, an infraction is an offense for which the only penalty is a fine. An infraction is not a crime. Current law makes it illegal for a minor to possess alcohol on public property. The proposed bill extends it to private property.

The text of the proposed bill (proposed deletions are enclosed in brackets. Proposed additions are indicated by underline):

“Effective October 1, 2005) (a) No person having possession of, or exercising dominion and control over, any dwelling unit or private property shall (1) knowingly permit any minor to possess alcoholic liquor in violation of subsection (b) of section 30-89 of the general statutes, as amended by this act, in such dwelling unit or on such private property, or (2) knowing that any minor possesses alcoholic liquor in violation of subsection (b) of section 30-89 of the general statutes, as amended by this act, in such dwelling unit or on such private property, fail to make reasonable efforts to halt such possession. For the purposes of this subsection, “minor” means a person under twenty-one years of age.

“(b) Any person who violates the provisions of subsection (a) of this section shall have committed an infraction.

“Sec. 2. Subsection (b) of section 30-89 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

“(b) Any minor who possesses any alcoholic liquor [on any street or highway or in any public place or place open to the public, including any club which is open to the public, shall be fined not less than two hundred nor more than five hundred dollars] on public or private property shall have committed an infraction. The provisions of this subsection shall not apply to (1) a person over age eighteen who is an employee or permit holder under section 30-90a and who possesses alcoholic liquor in the course of [his] such person’s employment or business, (2) a minor who possesses alcoholic liquor on the order of a practicing physician, or (3) a minor who possesses alcoholic liquor while accompanied by a parent, guardian or spouse of the minor, who has attained the age of twenty-one. For the purposes of this subsection, “minor” means a person under twenty-one years of age.