HB464: establishing a criminal penalty for facilitating a drug or underage alcohol house party.

CHAPTER 25

HB 464-FN – FINAL VERSION

25mar03… 0833h

01/29/04 0253s

18Mar2004… 0866eba

2004 SESSION

03-0730

04/10

HOUSE BILL 464-FN

AN ACT establishing a criminal penalty for facilitating a drug or underage alcohol house party.

SPONSORS: Rep. Knowles, Straf 69; Rep. Welch, Rock 79; Rep. Tholl, Coos 2; Sen. D’Allesandro, Dist 20; Sen. Gallus, Dist 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a misdemeanor offense for any person who facilitates a drug or underage alcohol house party.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03… 0833h

01/29/04 0253s

18Mar2004… 0866eba

03-0730.0

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT establishing a criminal penalty for facilitating a drug or underage alcohol house party.

Be it Enacted by the Senate and House of Representatives in General Court convened:

25:1 New Section; Breach of Peace; Drug or Underage Alcohol House Party. Amend RSA 644 by inserting after section 17-a the following new section:

644:18 Facilitating a Drug or Underage Alcohol House Party.

I. A person shall be guilty of a misdemeanor if such person owns or has control of the occupied structure, dwelling, or curtilage, where a drug or underage alcohol house party is held and such person knowingly commits an overt act in furtherance of the occurrence of the drug or underage alcohol house party knowing persons under the age of 21 possess or intend to consume alcoholic beverages or use controlled drugs at such drug or underage alcohol house party.

II. It is an affirmative defense to prosecution under this section if a person gives timely notice to a law enforcement official of the occurrence of the drug or underage alcohol house party or engages in other conduct designed to prevent the occurrence of such party, or takes action to terminate such party once underway.

III. In this section, “drug or underage alcohol house party” means a gathering of 5 or more people under the age of 21 at any occupied structure, dwelling, or curtilage, who are unrelated to the person who owns such occupied structure, dwelling, or curtilage or has control thereof, where at least one person under the age of 21 unlawfully possesses or consumes an alcoholic beverage or controlled drug. “Occupied structure” has the same meaning as in RSA 635:1, and “dwelling” and “curtilage” have the same meaning as in RSA 627:9.

IV. The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities, or to those persons using a controlled drug under a physician’s care where the use of the drug is consistent with the directions of a physician.

25:2 Effective Date. This act shall take effect January 1, 2005.

(Approved: April 12, 2004)

(Effective Date: January 1, 2005)