Citations to underage persons for alcohol beverages violations and providing a criminal penalty

or 4) falsely represent his or her age to obtain alcohol beverages from a retailer (underage violation). A person who commits an underage violation is subject to various penalties, including a forfeiture ranging in amount from $250 to $1,000 depending on the number of prior underage violations the person has committed.

Under this bill, beginning approximately one year after the bill's enactment, an underage person may not be issued a citation for, or convicted of, an underage violation if all of the following apply:

1. A law enforcement officer has contact with the underage person because the underage person requested emergency medical assistance for himself or herself or for another person; another person requested emergency medical assistance for the underage person; or the underage person requested law enforcement assistance to report, request investigation of, or prevent a possible crime. The request for assistance may be made by dialing "911" or by other means.

2. The underage person remains at the scene until emergency medical assistance or law enforcement assistance arrives and thereafter cooperates with providers of emergency medical assistance or law enforcement assistance. However, this requirement does not apply if the underage person is the person in need of emergency medical assistance and lacks capacity to cooperate.

3. The underage person has not fraudulently requested assistance (as discussed further below).

4. The underage person satisfies the requirements of any applicable deferred-citation alcohol diversion program established by the applicable law enforcement agency.

A person who requests assistance with an intention to claim this protection against citation or conviction for an underage violation knowing that the fact situation that he or she reports does not exist must be fined not less than $100 nor more than $600 or imprisoned not more than 90 days or both for the first offense and is guilty of a Class H felony for a subsequent offense within four years. A Class H felony is punishable by a fine not exceeding $10,000 or imprisonment not exceeding six years or both.