Sec. 1. 28-A MRSA §2051, sub-§2, as amended by PL 1997, c. 373, §146, is further amended to read:

2. Violation. If a law enforcement officer has probable cause to believe that a minor has consumed liquor or imitation liquor outside of the exceptions outlined in subsection 1, paragraph B, that minor is presumed to have consumed liquor or imitation liquor in violation of this section. Any minor who violates this section commits a civil violation for which a forfeiture shall must be adjudged of not less than $100 nor more than $300 for the first offense; not less than $200 nor more than $500 for the 2nd offense, none of which may be suspended, except as provided in paragraph B; and $500 for the 3rd and subsequent offenses, none of which may be suspended, except as provided in paragraph B.

A. When a person is adjudged to have committed a first offense under this section, the judge shall inform that person that the forfeitures for the 2nd and subsequent offenses are mandatory and cannot be suspended, except as provided in paragraph B. Failure to inform the first offender that subsequent forfeitures are mandatory is not a ground for suspension of any subsequent forfeiture.

B. The judge, as an alternative to or in addition to the civil forfeitures required by this subsection, may assign the minor to perform specified work for the benefit of the State, the municipality or other public entity or charitable institution.

SUMMARY

This bill establishes a presumption that a minor has committed the civil violation of consuming liquor or imitation liquor if a law enforcement officer has probable cause to believe that the minor has consumed liquor or imitation liquor.