SENATE DOCKET, NO. 806        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 172

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act  An Act authorizing underage law enforcement agents to participate in selective liquor enforcement programs..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.   Chapter 138, Section 34A of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by adding after line 24 the following new paragraph: -

Any underage law enforcement agent, acting under the direct control of a police officer and/or alcoholic beverages control commission enforcement officer acting in the regular performance of his official duties, may lawfully attempt to purchase and take possession of an alcoholic beverage in a selective liquor enforcement program set up by  licensing authorities or local police departments.  The agent may not deceive or coerce in the attempt to obtain alcoholic beverages and must leave the premises immediately after an unsuccessful attempt to procure is made.  The agent may take possession but not consume any alcoholic beverage and must report directly to the supervising law enforcement official after each individual attempt to obtain alcohol is made.