Two bills that would ease the sting of an underage alcohol possession or consumption conviction are moving forward in the Legislature this year. HB 495, which sponsor Rep. John Gannon, D-Boise, called “an incentive to stay out of trouble … instead of hammering them with a misdemeanor for life for a relatively minor violation,” would seal and vacate the record of a minor consumption or possession offense at age 18, 19 or 20 if there’s no subsequent violation in the next five years. HB 495 passed the House today on a unanimous, 68-0 vote.

“The penalties are still there,” Gannon told the House. But if there’s no subsequent violation within five years, “Then the record will be sealed and the guilty plea vacated.” He added, “This is pretty much what we do with the juveniles under 18 anyway.” That bill now moves to the Senate side.

Meanwhile, HB 494 cleared the House Judiciary Committee today and moves to the full House; sponsored by Rep. Lynn Luker, R-Boise, and Sen. Curt McKenzie, R-Nampa, it would make a first offense for underage alcohol possession or consumption an infraction, rather than a misdemeanor; subsequent offenses would remain misdemeanors. That proposal is a recommendation from the Misdemeanor Reclassification Subcommittee of the state's Criminal Justice Commission.

HB 494 drew support from the ACLU of Idaho, which said it’d help ease the burden on Idaho public defenders – who must be appointed in misdemeanor cases if the defendant can’t afford a lawyer.