Bill could reduce punishment for minor in possession
A former 30-year career police officer wants to reduce the punishment for minor in possession citations in Michigan.
Sen. Rick Jones, R-Grand Ledge, introduced Bill 332 which passed in the Michigan Senate by a 36-2 vote on March 3. The bill aims to change first-offense MIPs from a criminal misdemeanor to a civil infraction.
Jones came up with the bill after speaking with parents of students who felt it was harder for their children to obtain a scholarship or job after receiving a misdemeanor charge for underage drinking.
Right now, a MIP is punishable by a maximum fine of $100. A second offense carries a fine up to $200 and a possible 30 days in jail.
The charge would be severely reduced if the bill is passed.
The first violation would be no more than a $100 fine. The second violation carries a fine of no more than $200, with possible imprisonment of less than 30 days.
The third violation is a fine of no more than $500 with potential jail time of less than 60 days. The MIP become a misdemeanor charge and stay on a criminal record after subsequent offenses to the first.
Substance abuse prevention services might also be mandated.
Jones said punishments are enforced inconsistently, depending on where the person is charged.
"You could have one prosecutor defer the case, so that person wouldn't have any charges, but you could have another (prosecutor) jail them for seven days," he said. "It's too diverse of punishment for a charge from just illegally having a beer."
At CMU, police say whether a student receives an MIP is largely situational. Lt. Cameron Wassman said there are many different factors in play.
"It really depends on the officer's discretion: What is the situation at hand? Is it someone who is being cooperative or is it someone who is causing problems?" he said.
The bill would also limit breathalyzer use that can lead to a MIP citation. Police officers would no longer be able to require a breath test.
Officer Jeff Browne of the Mount Pleasant Police Department said it's not uncommon for people to get multiple MIPs — he once knew a man who racked up more than a dozen.
MIP is among the most common alcohol-related citations given out in Mount Pleasant, with 317 written in 2015. Comparatively, city police cited 222 drunk drivers last year. The last peak in MIP citations was in 2012, at 467.
On campus, liquor law violations are referred to the Office of Student Conduct. This is usually a result of minors caught drinking in residence halls, which totaled 473 in 2014.
The bill is with the House Committee on Criminal Justice. The committee receives bills to hold meetings on and listens to testimony for or against what it proposes. Jones hopes it will be brought up in the State House soon.
If it is brought up by the committee, the House will vote.
Chelsea junior Michael Steinhauer said MIP should not be a misdemeanor charge on the first offense, but for subsequent offenses it could be for a certain number of years.
"Maybe for the third offense," he said. "Kids who usually do something to get caught will still be drinking."
Since it was just referred and the committee schedules about a month in advance, the bill will not reach the House for at least a few weeks.
In a bill analysis done by the Senate Fiscal Agency, an analyst found the bill could reduce incarceration and court costs at the state and local level. According to Michigan State Police data, approximately 40,000 arrests have been made for the consumption, purchase or possession of alcohol by minors.
According to the analysis, there were 9,300 convictions for a first offense MIP in Michigan. The bill could lower court and incarceration costs, while keeping civil infraction revenue the same. This might result in a net benefit to local law enforcement.
