Youths with booze on their breath could be arrested and charged with a misdemeanor crime, under a bill approved Monday on an 18-2 vote in the Nevada Senate.
SB205 would extend already existing penalties for buying or possessing alcohol to prohibit minors from being impaired "to any degree." It provides exceptions for religion-related alcohol and drinking in presence of parents or guardians over age 21.
The measure was amended to ensure that children under 8 would not be arrested.
Proponents said SB205 was designed to ensure police who can arrest a teen for carrying a can of beer can do the same for somebody who has been drinking but throws that can away.
"You can't have it, and you can't drink it," explained Senate Minority Leader Dina Titus, D-Las Vegas.
Sen. Bob Coffin, D-Las Vegas, complained the measure was overly broad, adding, "You're going to put a very high standard on moral behavior here."
Coffin was joined by Sen. Joe Neal, D-North Las Vegas, in opposing the measure. Neal worried about "profiling," saying the bill could allow police to stop blacks and other minorities and make discriminatory arrests if they sniffed alcohol.
The bill, sponsored by the Senate Judiciary Committee, now heads to the Assembly.
