0001|                            HOUSE BILL 150
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          JOE NESTOR CHAVEZ
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0005|     
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0006|                                   
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0007|     
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0008|                   FOR THE DWI OVERSIGHT TASK FORCE
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO ALCOHOLIC BEVERAGES; INCREASING THE PENALTIES FOR
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0012|     PROVIDING ALCOHOL TO A MINOR AND FOR POSSESSION OF ALCOHOL BY
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0013|     A MINOR; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 60-7B-1 NMSA 1978 (being Laws 1993,
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0017|     Chapter 68, Section 22) is amended to read:
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0018|          "60-7B-1.  SELLING OR GIVING ALCOHOLIC BEVERAGES TO 
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0019|     MINORS--POSSESSION.--
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0020|               A.  It is a violation of the Liquor Control Act for
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0021|     ~[any]~ |a| person, |including a person| licensed pursuant to
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0022|     the provisions of the Liquor Control Act, or ~[any]~ |an|
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0023|     employee, agent or lessee of that person, if he knows or has
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0024|     reason to know that he is violating the provisions of this
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0025|     section, to:
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0001|                    (1)  sell, serve or give ~[any]~ alcoholic
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0002|     beverages to a minor or permit a minor to consume alcoholic
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0003|     beverages on the licensed premises;
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0004|                    (2)  buy alcoholic beverages for or procure
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0005|     the sale or service of alcoholic beverages to a minor;
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0006|                    (3)  deliver alcoholic beverages to a minor;
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0007|     or
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0008|                    (4)  aid or assist a minor to buy, procure or
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0009|     be served with alcoholic beverages.
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0010|               |B.  It is not a violation of the Liquor Control
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0011|     Act, as provided in Subsection A or C of this section, when a
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0012|     parent or legal guardian of a minor serves alcoholic beverages
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0013|     to that minor on real property, other than licensed premises,
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0014|     under the control of the parent or legal guardian.|
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0015|               ~[B.]~ |C.|  It is a violation of the Liquor
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0016|     Control Act for ~[any]~ |a| minor to buy, attempt to buy,
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0017|     receive, possess or permit himself to be served with ~[any]~
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0018|     alcoholic beverages. 
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0019|               ~[C.]~ |D.|  In the event ~[any]~ |a| person
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0020|     ~[except]~ |other than| a minor procures ~[any other]~
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0021|     |another| person to sell, serve or deliver ~[any]~ alcoholic
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0022|     beverages to a minor by actual or constructive
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0023|     misrepresentation of ~[any]~ facts calculated to cause, or by
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0024|     a concealment of ~[any]~ facts the concealment of which is
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0025|     calculated to cause, the person selling, serving or delivering
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0001|     the alcoholic beverages to the minor to believe that ~[such]~
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0002|     |the| minor is legally entitled to be sold, served or
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0003|     delivered alcoholic beverages and actually deceiving him by
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0004|     ~[such]~ |that| misrepresentation or concealment, then that
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0005|     person and not the person so deceived by such
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0006|     misrepresentation or concealment shall have violated the
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0007|     Liquor Control Act.
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0008|               ~[D.]~ |E.|  As used in the Liquor Control Act,
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0009|     "minor" means ~[any]~ |a| person under twenty-one years of
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0010|     age. 
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0011|               ~[E.  Violation of this section by a minor with
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0012|     respect to possession is a petty misdemeanor.  Upon
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0013|     conviction, the offender may be sentenced in accordance with
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0014|     Section 31-19-1 NMSA 1978.  Any sentence imposed pursuant to
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0015|     this subsection may be suspended in the discretion of the
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0016|     court upon the condition that:
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0017|                    (1)  the minor accepts the suspension of his
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0018|     driver's license for a period not to exceed three months,
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0019|     whereupon the trial court may dismiss the possession of
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0020|     alcoholic beverage charge and it shall not be considered a
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0021|     conviction.  In the event the minor's driver's license is to
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0022|     be suspended, the trial court shall inform the motor vehicle
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0023|     division of the taxation and revenue department of the action;
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0024|     provided, however, if the minor drives during the period of
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0025|     suspension, then the court may impose a fine, jail sentence or
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0001|     both, such fine and sentence not to exceed the maximums
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0002|     imposed for petty misdemeanors or may impose punishment
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0003|     pursuant to Paragraph (2) of this subsection; and 
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0004|                    (2)  the minor assist in a community project
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0005|     designated by the court, up to fifty hours, whereupon the
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0006|     trial court may dismiss the possession of alcoholic beverage
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0007|     charge and it shall not be considered a conviction.]~
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0008|               |F.  In addition to the penalties provided in
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0009|     Section 60-6C-1 NMSA 1978, a violation of the provisions of
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0010|     Subsection A of this section is a misdemeanor and the offender
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0011|     shall be punished as follows:
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0012|                    (1)  for a first violation, the offender shall
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0013|     be:
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0014|                         (a)  fined an amount not more than one
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0015|     thousand dollars ($1,000); and
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0016|                         (b)  ordered by the sentencing court to
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0017|     perform thirty hours of community service related to reducing
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0018|     the incidence of driving while under the influence of
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0019|     intoxicating liquor;
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0020|                    (2)  for a second violation, the offender
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0021|     shall:
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0022|                         (a)  be fined an amount not more than
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0023|     one thousand dollars ($1,000);
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0024|                         (b)  be ordered by the sentencing court
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0025|     to perform forty hours of community service related to
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0001|     reducing the incidence of driving while under the influence of
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0002|     intoxicating liquor; and
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0003|                         (c)  have his license, issued pursuant
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0004|     to the Alcohol Server Education Act, suspended for a period of
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0005|     sixty days; and
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0006|                    (3)  for a third or subsequent violation, the
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0007|     offender shall:
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0008|                         (a)  be fined an amount not more than
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0009|     one thousand dollars ($1,000);
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0010|                         (b)  be ordered by the sentencing court
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0011|     to perform sixty hours of community service related to
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0012|     reducing the incidence of driving while under the influence of
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0013|     intoxicating liquor; and
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0014|                         (c)  have his license, issued pursuant
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0015|     to the Alcohol Server Education Act, suspended for a period of
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0016|     one year.
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0017|               G.  A violation of the provisions of Subsection C
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0018|     of this section is a misdemeanor and the offender shall be
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0019|     punished as follows:
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0020|                    (1)  for a first violation, the offender shall
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0021|     be:
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0022|                         (a)  fined an amount not more than one
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0023|     thousand dollars ($1,000); and
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0024|                         (b)  ordered by the sentencing court to
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0025|     perform thirty hours of community service related to reducing
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0001|     the incidence of driving while under the influence of
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0002|     intoxicating liquor;
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0003|                    (2)  for a second violation, the offender
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0004|     shall:
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0005|                         (a)  be fined an amount not more than
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0006|     one thousand dollars ($1,000);
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0007|                         (b)  be ordered by the sentencing court
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0008|     to perform forty hours of community service related to
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0009|     reducing the incidence of driving while under the influence of
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0010|     intoxicating liquor; and
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0011|                         (c)  have his driver's license suspended
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0012|     for a period of ninety days.  If the minor is too young to
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0013|     possess a driver's license at the time of the violation, then
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0014|     ninety days shall be added to the date he would otherwise
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0015|     become eligible to obtain a driver's license; and
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0016|                    (3)  for a third or subsequent violation, the
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0017|     offender shall:
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0018|                         (a)  be fined an amount not more than
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0019|     one thousand dollars ($1,000);
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0020|                         (b)  be ordered by the sentencing court
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0021|     to perform sixty hours of community service related to
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0022|     reducing the incidence of driving while under the influence of
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0023|     intoxicating liquor; and
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0024|                         (c)  have his driver's license suspended
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0025|     for a period of two years or until the offender reaches
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0001|     twenty-one years of age, whichever period of time is greater.
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0002|               H.  A violation of the provisions of Subsection D
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0003|     of this section is a misdemeanor and the offender shall be
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0004|     punished as follows:
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0005|                    (1)  for a first violation, the offender shall
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0006|     be:
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0007|                         (a)  fined an amount not more than one
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0008|     thousand dollars ($1,000); and
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0009|                         (b)  ordered by the sentencing court to
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0010|     perform thirty hours of community service related to reducing
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0011|     the incidence of driving while under the influence of
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0012|     intoxicating liquor;
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0013|                    (2)  for a second violation, the offender
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0014|     shall be:
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0015|                         (a)  fined an amount not more than one
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0016|     thousand dollars ($1,000); and
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0017|                         (b)  ordered by the sentencing court to
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0018|     perform forty hours of community service related to reducing
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0019|     the incidence of driving while under the influence of
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0020|     intoxicating liquor; and
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0021|                    (3)  for a third or subsequent violation, the
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0022|     offender shall be:
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0023|                         (a)  fined an amount not more than one
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0024|     thousand dollars ($1,000);
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0025|                         (b)  ordered by the sentencing court to
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0001|     perform sixty hours of community service related to reducing
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0002|     the incidence of driving while under the influence of
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0003|     intoxicating liquor; and
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0004|                         (c)  sentenced to a jail term of not
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0005|     less than two days and not more than five days.|"
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0006|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0007|     provisions of this act is July 1, 1998.
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0008|                            - 8 -
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