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Michigan Wolverines fans cheer after playing a game of flip cup as they tailgate before Michigan's game against Central Michigan in this file photo.
(Courtney Sacco | AnnArbor.com)
LANSING, MI -- Underage drinkers caught possessing, purchasing or consuming alcohol in Michigan could be guilty of a civil infraction -- rather than a misdemeanor crime -- under new legislation in Lansing.
Sponsoring Sen. Rick Jones, explaining his proposal in committee on Tuesday, said prosecutors have told him that minor in possession (MIP) cases are clogging up criminal courts as young people fight charges.
"Young people have found that having a misdemeanor on their record prevents them from getting college scholarships, sometimes getting into college, and certainly it affects future job prospects," said Jones, R-Grand Ledge.
"One prosecutor told me he had eight trials ready to go on minor in possession. It absolutely is a waste of resources."
Under current law, an initial MIP violation is punishable by a maximum fine of up to $100. A second MIP can lead to a fine of up to $200 and -- if accompanied by a parole violation or other extenuating factor -- up to 30 days behind bars.
Senate Bill 332 would retain the fines but eliminate the threat of jail time or a permanent criminal record. An initial civil infraction could cost up to $100, and a second violation could lead to a fine of up to $200.
A third MIP would remain a misdemeanor crime punishable by a fine of up to $500 and up to 60 days in jail, depending on extenuating circumstances, just like current law.
Jones, a former sheriff, said he takes alcohol abuse very seriously but believes that civil infractions would be an appropriate response in 95 percent of MIP cases.
Bruce Timmons, a former legislative staffer for House Republicans, testified against the bill during Tuesday's committee hearing.
Timmons, describing a "sense of deja vu," noted that MIPs were punishable by civil infraction from 1978 -- when voters moved the state drinking age from 18 to 21 --until 1995. The civil infraction model did not work very well the first time around, he told lawmakers.
"District judges around the state complained that the civil fine sanction was ineffective and unenforceable," Timmons said in written testimony. "There was a substantial scoff-law problem. Many ticketed for underage drinking thumbed their nose at the citation and at the court."
Senate Bill 332 would also change state law to limit breathalyzer use that can lead to MIPs. Police officers who have reasonable cause to suspect underage drinking would be able to request -- rather than require -- a breath test.
Jones said parents have told him that breathalyzers have become routine on college campuses, leading underage students to consider other drugs that will not be detected in order to avoid an MIP.
"Several parents have brought it to my attention that now young people are saying why not just smoke marijuana instead of having a beer, because then I won't get into trouble," he said.
Jones, who chairs the Senate Judiciary Committee, did not call for a vote on Tuesday, suggesting that he may make few tweaks to the legislation in order to win support from a judicial association.
The bill is already supported by the Criminal Defense Attorneys of Michigan.
Jonathan Oosting is a Capitol reporter for MLive Media Group. Email him, find him on Facebook or follow him on Twitter.