Session of 2000
SENATE BILL No. 627
By Committee on Judiciary
2-11
9 AN ACT
concerning alcohol; relating to possession by minors; evidence;
10 amending K.S.A. 1999
Supp. 41-727 and repealing the existing section.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section
1. K.S.A. 1999 Supp. 41-727 is hereby amended to read as
14 follows: 41-727. (a) Except with regard to
serving of alcoholic liquor or
15 cereal malt beverage as permitted by K.S.A.
41-308a, 41-308b, 41-2610
16 or 41-2704, and amendments thereto, no
person under 21 years of age
17 shall possess, consume, obtain, purchase or
attempt to obtain or purchase
18 alcoholic liquor or cereal malt beverage
except as authorized by law.
19 (b) A properly
administered preliminary screening breath test of a
20 person under 21 years of age to
determine the alcohol concentration of
21 such person's breath shall be competent
admissible evidence in any crim-
22 inal action involving a violation of the
provisions of this section.
23
(c) Violation of this section by a person 18 or more years
of age but
24 less than 21 years of age is a class C
misdemeanor for which the minimum
25 fine is $200.
26 (c)
(d) Any person less than 18 years of age who violates
this section
27 is a juvenile offender under the Kansas
juvenile justice code. Upon ad-
28 judication thereof and as a condition of
disposition, the court shall require
29 the offender to pay a fine of not less than
$200 nor more than $500.
30 (d)
(e) In addition to any other penalty provided for a
violation of this
31 section, the court may order the offender
to do either or both of the
32 following:
33 (1) Perform 40
hours of public service; or
34 (2) attend and
satisfactorily complete a suitable educational or train-
35 ing program dealing with the effects of
alcohol or other chemical sub-
36 stances when ingested by humans.
37 (e)
(f) This section shall not apply to the possession and
consumption
38 of cereal malt beverage by a person under
the legal age for consumption
39 of cereal malt beverage when such
possession and consumption is per-
40 mitted and supervised, and such beverage is
furnished, by the person's
41 parent or legal guardian.
42 (f)
(g) Any city ordinance or county resolution prohibiting
the acts
43 prohibited by this section shall provide a
minimum penalty which is not
2
1 less than the minimum penalty
prescribed by this section.
2
(g) (h) This section shall be part of
and supplemental to the Kansas
3 liquor control act.
4 Sec. 2. K.S.A. 1999 Supp.
41-727 is hereby repealed.
5 Sec. 3. This act
shall take effect and be in force from and after its
6 publication in the statute book.