personal injury lawyer

Being the victim of an accident that ends up in you suffering an injury of some kind is an event which can mean you need the help of an attorney who can give you some assistance on all of the legal side regarding your possible case. So if you do live in the Atlanta area then the easiest thing to do is to go online and type in personal injury attorney Atlanta to begin your search.
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This shall let you see a list of potential attorneys who operate in the Atlanta area and focus on personal injury. You really should try to get someone like this as it gives you a much better chance of getting a good end result. It is a very serious issue you are dealing with here so having the right advisers is essential and you need to truly believe that you have this.
You must remember that law is such a wide ranging subject that using someone who is just a general attorney is pretty pointless. By finding a personal injury attorney you are getting someone who has spent time to specialise in understanding the intricacies of this section of law.
You really should spend some time checking out the background and qualifications of the attorney. You shall find you will end up feeling much better about using someone that you perhaps know just a little about so you can see why they are able to give you certain types of advice.
So by this point you perhaps now have a short list of possible attorneys that you can contact. You should check to see if they have a free initial consultation. These are very good as it gives you the chance to sit down face to face and judge how you feel you can get on with them whilst they can get an idea about your case and the way things should proceed. If you are both happy at this point then just settle on using them.
But if you are still unsure then spend some time asking people you know and trust for any personal recommendations. These are always good as you can perhaps feel a lot better about using someone if you know they have been good with someone you know personally.
So basically you can use the internet to not only find a list of attorneys in the area but to also learn something about their background and their qualifications. Go and talk to them and assess how you feel as a first consultation is not a guarantee you shall use them. Try and get some personal references to help you in making your choice and you can perhaps end up with getting the end result that you desire.
personal injury attorney atlanta

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Legal Materials of the United States . Los Angeles California

The primary legal materials of the United States are the raw materials of our democracy. They should be made more broadly available to enable an informed citizenry.
Primary legal materials include documents of primary authority issued by governmental bodies, such as court opinions, statutes, and regulations. They also include the supporting documents and other media issued and maintained by those bodies, such as dockets, hearings, forms, oral arguments, and legislative histories. These materials can be found in every branch, at every level, national, tribal, state and local, and should be available to anyone with the will and the heart to obtain them.
The following principles should govern the dissemination of primary legal materials in the United States:

1. Direct fees for dissemination of primary legal materials should be avoided.
2. Limitations on access through terms of use or the assertion of copyright on primary legal materials is contrary to long-standing public policy and core democratic principles and is misleading to citizens.
3. Primary legal materials should be made available using bulk access mechanisms so they may be downloaded by anyone.
4. The primary legal materials, and the methods used to access them, should be authenticated so people can trust in the integrity of these materials.
5. Historical archives should be made available online and in a static location to the extent possible.
6. Vendor- and media-neutral citation mechanisms should be employed.
7. Technical standards for document structure, identifiers, and metadata should be developed and applied as extensively as possible.
8. Data should be distributed in a computer-processable, non-proprietary form in a manner that meets best current practices for the distribution of open government data. That data should represent the definitive documents, not just aggregate, preliminary, or modified forms.
9. An active program of research and development should be sponsored by governmental bodies that issue primary legal materials to develop new standards and solutions to challenges presented by the electronic distribution of definitive primary legal materials. Examples include the automated detection and redaction of private personal information in documents.
10. An active program of education, training, and documentation should be undertaken to help governmental bodies that issue primary legal materials learn and use best current practices.

Adherence to these principles by governmental bodies is not just good for democracy and justice, it will spur innovation and will encourage:

1. Broader use of legal materials in all parts of our education system, including our law schools.
2. Researchers in law schools, universities, and other research institutions to have broader access to bulk data, spurring important research on the functioning of our government.
3. Innovation in the legal information market by reducing barriers to entry.
4. Savings in the government's own cost of providing these materials through adherence to best current practices.
5. Small businesses to understand rules and regulations they must deal with, reducing their costs and increasing their effectiveness.
6. Increased foreign trade by making it easier for our foreign partners to understand our laws.
7. Better access to justice by making legal information more broadly available to citizens.

How we distribute the raw materials of our democracy is a foundational issue in our system of government. Access to the raw materials of our democracy is a prerequisite for the rule of law and access to justice and makes real the principles of equal protection and due process.

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Requirements to become a lawyer

Training, Other Qualifications, and Advancement About this section

Formal requirements to become a lawyer usually include a 4-year college degree, 3 years of law school, and passing a written bar examination; however, some requirements vary by State. Competition for admission to most law schools is intense. Federal courts and agencies set their own qualifications for those practicing before or in them.
Education and training. Becoming a lawyer usually takes 7 years of full-time study after high school—4 years of undergraduate study, followed by 3 years of law school. Law school applicants must have a bachelor’s degree to qualify for admission. To meet the needs of students who can attend only part time, a number of law schools have night or part-time divisions.
Although there is no recommended “prelaw” undergraduate major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the law. Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.
Acceptance by most law schools depends on the applicant’s ability to demonstrate an aptitude for the study of law, usually through undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant’s undergraduate school, any prior work experience, and sometimes, a personal interview. However, law schools vary in the weight they place on each of these and other factors.

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All law schools approved by the American Bar Association (ABA) require applicants to take the LSAT. As of June 2008, there were 200 ABA-accredited law schools; others were approved by State authorities only. Nearly all law schools require applicants to have certified transcripts sent to the Law School Data Assembly Service, which then submits the applicants’ LSAT scores and their standardized records of college grades to the law schools of their choice. The Law School Admission Council administers both this service and the LSAT. Competition for admission to many law schools—especially the most prestigious ones—is usually intense, with the number of applicants greatly exceeding the number that can be admitted.
During the first year or year and a half of law school, students usually study core courses, such as constitutional law, contracts, property law, torts, civil procedure, and legal writing. In the remaining time, they may choose specialized courses in fields such as tax, labor, or corporate law. Law students often gain practical experience by participating in school-sponsored legal clinics; in the school’s moot court competitions, in which students conduct appellate arguments; in practice trials under the supervision of experienced lawyers and judges; and through research and writing on legal issues for the school’s law journals.
A number of law schools have clinical programs in which students gain legal experience through practice trials and projects under the supervision of lawyers and law school faculty. Law school clinical programs might include work in, for example, legal-aid offices or on legislative committees. Part-time or summer clerkships in law firms, government agencies, and corporate legal departments also provide valuable experience. Such training can lead directly to a job after graduation and can help students decide what kind of practice best suits them. Law school graduates receive the degree of juris doctor (J.D.), a first professional degree.
Advanced law degrees may be desirable for those planning to specialize, perform research, or teach. Some law students pursue joint degree programs, which usually require an additional semester or year of study. Joint degree programs are offered in a number of areas, including business administration or public administration.
After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practices. In 2008, 46 States and jurisdictions required lawyers to participate in mandatory continuing legal education. Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments. Some States allow continuing education credits to be obtained through participation in seminars on the Internet.
Licensure. To practice law in the courts of any State or other jurisdiction, a person must be licensed, or admitted to its bar, under rules established by the jurisdiction’s highest court. All States require that applicants for admission to the bar pass a written bar examination; most States also require applicants to pass a separate written ethics examination. Lawyers who have been admitted to the bar in one State occasionally may be admitted to the bar in another without taking another examination if they meet the latter jurisdiction’s standards of good moral character and a specified period of legal experience. In most cases, however, lawyers must pass the bar examination in each State in which they plan to practice. Federal courts and agencies set their own qualifications for those practicing before or in them.
To qualify for the bar examination in most States, an applicant must earn a college degree and graduate from a law school accredited by the ABA or the proper State authorities. ABA accreditation signifies that the law school—particularly its library and faculty—meets certain standards. With certain exceptions, graduates of schools not approved by the ABA are restricted to taking the bar examination and practicing in the State or other jurisdiction in which the school is located; most of these schools are in California.
Although there is no nationwide bar examination, 48 States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands require the 6-hour Multistate Bar Examination (MBE) as part of their overall bar examination; the MBE is not required in Louisiana or Washington. The MBE covers a broad range of issues, and sometimes a locally prepared State bar examination is given in addition to it. The 3-hour Multistate Essay Examination (MEE) is used as part of the bar examination in several States. States vary in their use of MBE and MEE scores.
Many States also require the Multistate Performance Test to test the practical skills of beginning lawyers. Requirements vary by State, although the test usually is taken at the same time as the bar exam and is a one-time requirement.
In 2008, law school graduates in 52 jurisdictions were required to pass the Multistate Professional Responsibility Examination (MPRE), which tests their knowledge of the ABA codes on professional responsibility and judicial conduct. In some States, the MPRE may be taken during law school, usually after completing a course on legal ethics.
Other qualifications. The practice of law involves a great deal of responsibility. Individuals planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Perseverance, creativity, and reasoning ability also are essential to lawyers, who often analyze complex cases and handle new and unique legal problems.
Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work.
Advancement. Most beginning lawyers start in salaried positions. Newly hired attorneys usually start as associates and work with more experienced lawyers or judges. After several years, some lawyers are admitted to partnership in their firm, which means that they are partial owners of the firm, or go into practice for themselves. Some experienced lawyers are nominated or elected to judgeships. (See the section on judges, magistrates, and other judicial workers elsewhere in the Handbook.) Others become full-time law school faculty or administrators; a growing number of these lawyers have advanced degrees in other fields as well.
Some attorneys use their legal training in administrative or managerial positions in various departments of large corporations. A transfer from a corporation’s legal department to another department is often viewed as a way to gain administrative experience and rise in the ranks of management.

Employment About this section

Lawyers held about 759,200 jobs in 2008. Approximately 26 percent of lawyers were self-employed, practicing either as partners in law firms or in solo practices. Most salaried lawyers held positions in government, in law firms or other corporations, or in nonprofit organizations. Most government-employed lawyers worked at the local level. In the Federal Government, lawyers worked for many different agencies, but were concentrated in the Departments of Justice, Treasury, and Defense. Many salaried lawyers working outside of government were employed as house counsel by public utilities, banks, insurance companies, real-estate agencies, manufacturing firms, and other business firms and nonprofit organizations. Some also had part-time independent practices, while others worked part time as lawyers and full time in another occupation.
A relatively small number of trained attorneys work in law schools and are not included in the employment estimate for lawyers. Most are faculty members who specialize in one or more subjects; however, some serve as administrators. Others work full time in nonacademic settings and teach part time. (For additional information, see the Handbook section on teachers—postsecondary.)

Job Outlook About this section

About as fast as the average employment growth is projected, but job competition is expected to be keen.
Employment change. Employment of lawyers is expected to grow 13 percent during the 2008-18 decade, about as fast as the average for all occupations. Growth in the population and in the level of business activity is expected to create more legal transactions, civil disputes, and criminal cases. Job growth among lawyers also will result from increasing demand for legal services in such areas as healthcare, intellectual property, bankruptcy, corporate and security litigation, antitrust law, and environmental law. In addition, the wider availability and affordability of legal clinics should result in increased use of legal services by middle-income people. However, growth in demand for lawyers will be constrained as businesses increasingly use large accounting firms and paralegals to perform some of the same functions that lawyers do. For example, accounting firms may provide employee-benefit counseling, process documents, or handle various other services previously performed by a law firm. Also, mediation and dispute resolution are increasingly being used as alternatives to litigation.
Job growth for lawyers will continue to be concentrated in salaried jobs as businesses and all levels of government employ a growing number of staff attorneys. Most salaried positions are in urban areas where government agencies, law firms, and big corporations are concentrated. The number of self-employed lawyers is expected to grow slowly, reflecting the difficulty of establishing a profitable new practice in the face of competition from larger, established law firms. Moreover, the growing complexity of the law, which encourages specialization, along with the cost of maintaining up-to-date legal research materials, favors larger firms.
Job prospects. Competition for job openings should continue to be keen because of the large number of students graduating from law school each year. Graduates with superior academic records from highly regarded law schools will have the best job opportunities. Perhaps as a result of competition for attorney positions, lawyers are increasingly finding work in less traditional areas for which legal training is an asset, but not normally a requirement—for example, administrative, managerial, and business positions in banks, insurance firms, real estate companies, government agencies, and other organizations. Employment opportunities are expected to continue to arise in these organizations at a growing rate.
As in the past, some graduates may have to accept positions outside of their field of interest or for which they feel overqualified. Some recent law school graduates who have been unable to find permanent positions are turning to the growing number of temporary staffing firms that place attorneys in short-term jobs. This service allows companies to hire lawyers on an “as-needed” basis and permits beginning lawyers to develop practical skills.
Because of the keen competition for jobs, a law graduate’s geographic mobility and work experience are assuming greater importance. Willingness to relocate may be an advantage in getting a job, but to be licensed in another State, a lawyer may have to take an additional State bar examination. In addition, employers increasingly are seeking graduates who have advanced law degrees and experience in a specialty, such as tax, patent, or admiralty law.
Job opportunities often are adversely affected by cyclical swings in the economy. During recessions, demand declines for some discretionary legal services, such as planning estates, drafting wills, and handling real estate transactions. Also, corporations are less likely to litigate cases when declining sales and profits restrict their budgets. Some corporations and law firms will not hire new attorneys until business improves, and these establishments may even cut staff to contain costs. Several factors, however, mitigate the overall impact of recessions on lawyers; during recessions, for example, individuals and corporations face other legal problems, such as bankruptcies, foreclosures, and divorces—all requiring legal action.
For lawyers who wish to work independently, establishing a new practice will probably be easiest in small towns and expanding suburban areas. In such communities, competition from larger, established law firms is likely to be less than in big cities, and new lawyers may find it easier to establish a reputation among potential clients.

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ALCOHOL AND TOBACCO COMMISSION

TITLE 905 ALCOHOL AND TOBACCO COMMISSION

Emergency Rule

LSA Document #08- 547(E)

DIGEST

Temporarily adds provisions to establish a gaming site permit as authorized by IC 7.1-3-17.5-1. Effective July 7, 2008.

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SECTION 1. This document supercedes 905 IAC 1-43.

SECTION 2. As used in this document, the following definitions apply:

(a) “Bar” has the meaning set forth in 905 IAC 1-41-1.

(b) “Gaming site permit” means a permit issued under IC 7.1-3-17.5 and this document that permits:

(1) a riverboat licensee under IC 4-33-6 or an operating agent under IC 4- 33-6.5 to purchase alcoholic beverages from authorized permittees and sell alcoholic beverages to authorized purchasers at a riverboat gambling operation; or

(2) a gambling game licensee under IC 4-35 to purchase alcoholic beverages from authorized permittees and sell alcoholic beverages to authorized purchasers at a gambling game operation.

(c) “Gambling game” has the meaning set forth in IC 4-35-2-5.

(d) “Gambling game license” means the holder of a permit authorized by IC 4-35-5.

(e) “Gambling game operation” means a place of business which is part of, or adjacent to a horse track, including without limitation, the purveying of food, beverages, retail goods and services, and transportation on a gambling gaming site.

(f) “Gambling gaming site” means a facility authorized by IC 4-35.

(g) “Horse track” means a facility authorized by IC 4-31-5.

(h) “Hotel” has the meaning set forth in IC 7.1-3-20-18.

(i) “Riverboat” has the meaning set forth in IC 4-33-2-17.

(j) “Riverboat gambling operation” has the meaning set forth in 68 IAC 1-1-79.

(k) “Riverboat license” has the meaning set forth in 68 IAC 1-1-80.

(l) “Support facility” has the meaning set forth in 68 IAC 1-1-88 or upon approval of the Commission.

SECTION 3. (a) All permit fees must be paid at the time the application for permit is submitted to the commission.

(b) The initial license fee and renewal fee for the holder of a gaming site permit is twenty-five thousand dollars ($25,000).

SECTION 4. (a) The holder of a gaming site permit is entitled to purchase alcoholic beverages only from a permittee entitled to sell to a retailer under IC 7.1-3-4-6, IC 7.1-3-9-9, IC 7.1-3-14-4 and IC 4-33-7-4.

(b) The holder of a gaming site permit may sell only to a person authorized to purchase alcoholic beverages at retail.

(c) The holder of a gaming site permit is entitled to possess and sell alcoholic beverages only for on premises consumption in the following areas of the permit premises so long as the alcoholic beverages are not carried off the permit premises by a patron at any time.

1. riverboat and support facility; or
2. gambling game site.

(d) No alcoholic beverages may be removed or carried by a patron between the riverboat and riverboat support facility after 3:30 a.m.

(e) No alcoholic beverages may be removed or carried by a patron between the horse track and gambling game site after 3:30 a.m.

(f) The holder of a gaming site permit shall not be entitled to sell alcoholic beverages at a place other than the licensed premises.

SECTION 5. (a) The commission shall not issue a gaming site permit to an individual who is disqualified under the special disqualifications of IC 7.1-3-4-2.

(b) The commission shall not issue a gaming site permit to a person who does not hold either a riverboat owner’s license under IC 4-33-6 or a gambling game license under IC 4-31-5.

(c) Service of alcoholic beverages on either the riverboat gambling operation or the gambling game operation shall only be by employees of the riverboat licensee or the gambling game licensee who hold a valid employee permit issued by the commission.

(d) A person who is at least eighteen (18) years of age and who is an employee of the riverboat licensee or the gambling game licensee may be present in the area where gambling is conducted if an employee meets requirements set forth in IC 7.1-5-7-13; however, an employee who is less than twenty one (21) years of age may not perform any function involving gambling by the patrons.

(e) The holder of a gaming site permit shall file with the commission a manager’s questionnaire for each and every manager who will manage any part of the permit premises.

SECTION 6. (a) The gaming site permit shall be in force for one (1) calendar year only, including the day upon which it is granted. At the end of the one (1) year period, the permit shall be fully expired and null and void.

(b) An application for renewal or extension of the gaming site permit shall not be considered if the riverboat license issued under IC 4-33 and 68 IAC 2-1 is not renewed or if the gambling game license is under IC 4-35-5 is not renewed.

(c) An extension of the gaming site permit may be granted at the discretion of the commission if an application for renewal of a gaming site permit has been filed but has not been granted as of the date of expiration of the gaming site permit.

(d) The commission may renew a retailer’s permit of a gaming site permittee who:

(1) held a retailer’s permit before July 7, 2008; and

(2) has a premises that does not qualify for a retailer’s permit under 905 IAC 1-43.1-14.

SECTION 7. The issuance and renewal of the gaming site permit shall follow the procedures set forth in IC 7.1 and this title for retailers in the filing, processing and investigation of the propriety of the applicant and the licensed premises for the alcoholic beverage permit.

SECTION 8. (a) The floor plans must be submitted to and approved by the commission before a gaming site permit is issued by the commission. The approval process shall include an initial inspection and final inspection of the floor plans and the actual permit premises by the commission’s enforcement officers. The floor plan shall reflect all semi-permanent and permanent areas where alcoholic beverages will be stored or dispensed. Service of alcoholic beverages shall only be from those areas designated on the floor plan approved by the commission.

(b) The holder of a gaming site permit, who is also a riverboat licensee under IC 4-33-6 or an operating agent under IC 4-33-6.5, shall clearly designate in the floor plan, the areas constituting riverboat support facility.

SECTION 9. (a) The holder of a gaming site permit may sell, assign, or transfer that permit to another holder or to another location subject to the following:

(1) The provisions of IC 4-33, 68 IAC 5 with the written approval of the Indiana gaming commission.

(2) The provisions of IC 4-35, IC 4-31, 71 IAC 11-1-13 with the written approval of the Indiana gaming commission and the Indiana horse racing commission.

(3) The provisions of IC 7.1-3-24, 905 IAC 1-17 with the written approval of the commission.

(b) The commission may transfer of a retailer’s permit of a gaming site permittee who held a permit before July 7, 2008.

SECTION 10. (a) The nature of the business conducted by the person who holds a gaming site permit issued by the commission must be the business of an authorized gambling operation under IC 4-33-2-10 or IC 4-35, in order for alcoholic beverages to be dispensed within the defined permit premises.

(b) In order for the permittee to sell and serve alcoholic beverages at the permit premises during an event not related to an authorized gambling operation, prior written approval must be obtained from the Commission. This approval must be obtained at least fifteen (15) days prior to the nonauthorized gambling operation event or activity.

(c) In order for the permittee to sell and serve alcoholic beverages at a location other than a bar clearly designated on the floorplan on file with the Commission, prior written approval must be obtained at least fifteen (15) days prior to the event.

(d) When evaluating a request to sell and serve alcoholic beverages for activities other than authorized gambling activity, the commission shall consider the following:

(1) The nature of the activity to be conducted on the premises and whether such activity is incompatible with the sale of alcoholic beverages.

(2) The times during which the permittee seeks to make alcoholic beverages available.

(3) Whether the permittee has adequate security for the activity.

(4) Whether the permittee has been granted any required approval by the law enforcement department which has jurisdiction over the venue of the permit premises, the board of county commissioners, the county council, or the town executive for the activity.

(5) Whether the Indiana gaming commission or the Indiana horse racing commission has placed any limitations on the use of the permit premises for the activity.

(6) Other related reasons which may be enumerated by IC 4-33 and 68 IAC.

(7) Other related reasons which may be enumerated by IC 4-35, IC 4-31, and 71 IAC.

(8) Any other factor which may be considered under IC 7.1 or this document.

(e) The holder of a gaming site permit may sell and serve alcoholic beverages on any day of the year except Christmas Day and primary, general, and special election days until the voting polls are closed.

(f) It is lawful for the holder of a gaming site permit to sell and serve alcoholic beverages from 7 a.m. prevailing local time to 3 a.m. prevailing local time the following day, Monday through Saturday. On Sunday, it is lawful to sell and serve alcoholic beverages from 11 a.m. prevailing local time to 12:30 a.m. prevailing local time, the following day.

SECTION 11. If the Indiana gaming commission suspends or revokes either the riverboat owner’s license, issued under IC 4-33 and 68 IAC, or the gambling game license, issued under 4-35, the gaming site permit is also suspended or revoked at the same time.

SECTION 12. A gaming site permit shall be subject to IC 7.1 and this document, which govern the sale of alcoholic beverages. The permittee may be fined, suspended, or revoked for a violation of these statutes or rules unless otherwise provided in IC 7.1. Procedures for fines, suspension or revocation for violation of the alcoholic beverage statutes or rules shall be the same procedures as are followed for those persons who are issued retailer’s permits.

SECTION 13. (a) In the permit premises of a gaming site permit, the separation of the bar area from the dining area, where minors may be seated, may be a structure or barrier that reasonably deters free access and egress without the requirement for doors or gates, or such other means, including signage which will clearly designate that minors are restricted from being in the designated bar areas. Minors under twenty-one (21) years of age are prohibited from being in the designated bar areas of the permit premises unless otherwise provided in IC 7.1-5-7-12 and IC 7.1-5-7-13.

(b) The holder of a gaming site permit shall be responsible for assuring that any individual who is a minor under twenty-one (21) years of age is not allowed in an area of the permit premises where gambling is conducted or in the bar areas of the permit premises.

(c) Minimum food service, as defined in 905 IAC 1-20-1, except hot soups, must be available on premises during any time that alcoholic beverages are available for sale on the riverboat gambling operation or the gambling game operation.

(d) If a hotel is a part of the permit premises of a gaming site permit, the following limitations shall apply to “in-room vending units.” An “in-room vending unit” means a closed container that is located in a guest room of a hotel and used for the storage and dispensing of food or beverage (alcoholic or nonalcoholic).

(1) The holder of a gaming site permit may dispense alcoholic beverages in individual portions to registered hotel guests through in-room vending units.

(2) Access to the interior of an in-room vending unit must be:

(A) restricted by a locking device, the opening of which requires use of a key, magnetic card, or similar device; or

(B) controlled at all times by the holder of a gaming site permit.

(3) Alcoholic beverages may be dispensed through in-room vending units only:

(A) on days and at times when the sale of alcoholic beverages is permitted under this title; and

(B) to persons who are permitted to purchase alcoholic beverages under this title.

(4) A permittee to whom this section applies may provide a key, magnetic card, or similar device required to gain access to the interior of an in-room vending unit only to a person who is:

(A) a registered hotel guest; and

(B) twenty-one (21) years of age or older.

(5) In order to prevent the illegal furnishing of an alcoholic beverage to a minor, a permittee to whom this section applies shall determine that the registered hotel guest is not a minor (as defined in IC 7.1-1-3-25) prior to providing a key, magnetic card, or similar device required to gain access to the interior of an in-room vending unit to that registered hotel guest.

(6) Each employee of a permittee to whom this section applies who handles alcoholic beverages for dispensing through an in-room vending unit must be twenty-one (21) years of age or older and hold an employee's permit issued by he commission under IC 7.1-3-18-9.

SECTION 14. SECTION 1 through SECTION 13 will take effect on July 7, 2008.

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California Penal Codes law

2.  This Code takes effect at twelve o'clock, noon, on the first day
of January, eighteen hundred and seventy-three.



3.  No part of it is retroactive, unless expressly so declared.



4.  The rule of the common law, that penal statutes are to be
strictly construed, has no application to this Code. All its
provisions are to be construed according to the fair import of their
terms, with a view to effect its objects and to promote justice.




5.  The provisions of this Code, so far as they are substantially
the same as existing statutes, must be construed as continuations
thereof, and not as new enactments.



6.  No act or omission, commenced after twelve o'clock noon of the
day on which this Code takes effect as a law, is criminal or
punishable, except as prescribed or authorized by this Code, or by
some of the statutes which it specifies as continuing in force and as
not affected by its provisions, or by some ordinance, municipal,
county, or township regulation, passed or adopted, under such
statutes and in force when this Code takes effect. Any act or
omission commenced prior to that time may be inquired of, prosecuted,
and punished in the same manner as if this Code had not been passed.



7.  Words used in this code in the present tense include the future
as well as the present; words used in the masculine gender include
the feminine and neuter; the singular number includes the plural, and
the plural the singular; the word "person" includes a corporation as
well as a natural person; the word "county" includes "city and
county"; writing includes printing and typewriting; oath includes
affirmation or declaration; and every mode of oral statement, under
oath or affirmation, is embraced by the term "testify," and every
written one in the term "depose"; signature or subscription includes
mark, when the person cannot write, his or her name being written
near it, by a person who writes his or her own name as a witness;
provided, that when a signature is made by mark it must, in order
that the same may be acknowledged or serve as the signature to any
sworn statement, be witnessed by two persons who must subscribe their
own names as witnesses thereto.
   The following words have in this code the signification attached
to them in this section, unless otherwise apparent from the context:
   1. The word "willfully," when applied to the intent with which an
act is done or omitted, implies simply a purpose or willingness to
commit the act, or make the omission referred to. It does not require
any intent to violate law, or to injure another, or to acquire any
advantage.
   2. The words "neglect," "negligence," "negligent," and
"negligently" import a want of such attention to the nature or
probable consequences of the act or omission as a prudent man
ordinarily bestows in acting in his own concerns.
   3. The word "corruptly" imports a wrongful design to acquire or
cause some pecuniary or other advantage to the person guilty of the
act or omission referred to, or to some other person.
   4. The words "malice" and "maliciously" import a wish to vex,
annoy, or injure another person, or an intent to do a wrongful act,
established either by proof or presumption of law.
   5. The word "knowingly" imports only a knowledge that the facts
exist which bring the act or omission within the provisions of this
code. It does not require any knowledge of the unlawfulness of such
act or omission.
   6. The word "bribe" signifies anything of value or advantage,
present or prospective, or any promise or undertaking to give any,
asked, given, or accepted, with a corrupt intent to influence,
unlawfully, the person to whom it is given, in his or her action,
vote, or opinion, in any public or official capacity.
   7. The word "vessel," when used with reference to shipping,
includes ships of all kinds, steamboats, canalboats, barges, and
every structure adapted to be navigated from place to place for the
transportation of merchandise or persons, except that, as used in
Sections 192.5 and 193.5, the word "vessel" means a vessel as defined
in subdivision (c) of Section 651 of the Harbors and Navigation
Code.
   8. The words "peace officer" signify any one of the officers
mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2.
   9. The word "magistrate" signifies any one of the officers
mentioned in Section 808.
   10. The word "property" includes both real and personal property.
   11. The words "real property" are coextensive with lands,
tenements, and hereditaments.
   12. The words "personal property" include money, goods, chattels,
things in action, and evidences of debt.
   13. The word "month" means a calendar month, unless otherwise
expressed; the word "daytime" means the period between sunrise and
sunset, and the word "nighttime" means the period between sunset and
sunrise.
   14. The word "will" includes codicil.
   15. The word "writ" signifies an order or precept in writing,
issued in the name of the people, or of a court or judicial officer,
and the word "process" a writ or summons issued in the course of
judicial proceedings.
   16. Words and phrases must be construed according to the context
and the approved usage of the language; but technical words and
phrases, and such others as may have acquired a peculiar and
appropriate meaning in law, must be construed according to such
peculiar and appropriate meaning.
   17. Words giving a joint authority to three or more public
officers or other persons, are construed as giving such authority to
a majority of them, unless it is otherwise expressed in the act
giving the authority.
   18. When the seal of a court or public officer is required by law
to be affixed to any paper, the word "seal" includes an impression of
such seal upon the paper alone, or upon any substance attached to
the paper capable of receiving a visible impression. The seal of a
private person may be made in like manner, or by the scroll of a pen,
or by writing the word "seal" against his or her name.
   19. The word "state," when applied to the different parts of the
United States, includes the District of Columbia and the territories,
and the words "United States" may include the district and
territories.
   20. The word "section," whenever hereinafter employed, refers to a
section of this code, unless some other code or statute is expressly
mentioned.
   21. To "book" signifies the recordation of an arrest in official
police records, and the taking by the police of fingerprints and
photographs of the person arrested, or any of these acts following an
arrest.



7.5.  Whenever any offense is described in this code, the Uniform
Controlled Substances Act (Division 10 (commencing with Section
11000) of the Health and Safety Code), or the Welfare and
Institutions Code, as criminal conduct and as a violation of a
specified code section or a particular provision of a code section,
in the case of any ambiguity or conflict in interpretation, the code
section or particular provision of the code section shall take
precedence over the descriptive language. The descriptive language
shall be deemed as being offered only for ease of reference unless it
is otherwise clearly apparent from the context that the descriptive
language is intended to narrow the application of the referenced code
section or particular provision of the code section.



8.  Whenever, by any of the provisions of this Code, an intent to
defraud is required in order to constitute any offense, it is
sufficient if an intent appears to defraud any person, association,
or body politic or corporate, whatever.


9.  The omission to specify or affirm in this Code any liability to
damages, penalty, forfeiture, or other remedy imposed by law and
allowed to be recovered or enforced in any civil action or
proceeding, for any act or omission declared punishable herein, does
not affect any right to recover or enforce the same.



10.  The omission to specify or affirm in this Code any ground of
forfeiture of a public office, or other trust or special authority
conferred by law, or any power conferred by law to impeach, remove,
depose, or suspend any public officer or other person holding any
trust, appointment, or other special authority conferred by law, does
not affect such forfeiture or power, or any proceeding authorized by
law to carry into effect such impeachment, removal, deposition, or
suspension.



11.  This code does not affect any power conferred by law upon any
court-martial, or other military authority or officer, to impose or
inflict punishment upon offenders; nor, except as provided in Section
19.2 of this code, any power conferred by law upon any public body,
tribunal, or officer, to impose or inflict punishment for a contempt.




12.  The several sections of this Code which declare certain crimes
to be punishable as therein mentioned, devolve a duty upon the Court
authorized to pass sentence, to determine and impose the punishment
prescribed.


13.  Whenever in this Code the punishment for a crime is left
undetermined between certain limits, the punishment to be inflicted
in a particular case must be determined by the Court authorized to
pass sentence, within such limits as may be prescribed by this Code.




14.  The various sections of this Code which declare that evidence
obtained upon the examination of a person as a witness cannot be
received against him in any criminal proceeding, do not forbid such
evidence being proved against such person upon any proceedings
founded upon a charge of perjury committed in such examination.




15.  A crime or public offense is an act committed or omitted in
violation of a law forbidding or commanding it, and to which is
annexed, upon conviction, either of the following punishments:
   1. Death;
   2. Imprisonment;
   3. Fine;
   4. Removal from office; or,
   5. Disqualification to hold and enjoy any office of honor, trust,
or profit in this State.



16.  Crimes and public offenses include:
   1. Felonies;
   2. Misdemeanors; and
   3. Infractions.



17.  (a) A felony is a crime which is punishable with death or by
imprisonment in the state prison. Every other crime or public offense
is a misdemeanor except those offenses that are classified as
infractions.
   (b) When a crime is punishable, in the discretion of the court, by
imprisonment in the state prison or by fine or imprisonment in the
county jail, it is a misdemeanor for all purposes under the following
circumstances:
   (1) After a judgment imposing a punishment other than imprisonment
in the state prison.
   (2) When the court, upon committing the defendant to the Youth
Authority, designates the offense to be a misdemeanor.
   (3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
   (4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
   (5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.
   (c) When a defendant is committed to the Youth Authority for a
crime punishable, in the discretion of the court, by imprisonment in
the state prison or by fine or imprisonment in the county jail, the
offense shall, upon the discharge of the defendant from the Youth
Authority, thereafter be deemed a misdemeanor for all purposes.
   (d) A violation of any code section listed in Section 19.8 is an
infraction subject to the procedures described in Sections 19.6 and
19.7 when:
   (1) The prosecutor files a complaint charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being informed of his or her rights, elects to have the case
proceed as a misdemeanor, or;
   (2) The court, with the consent of the defendant, determines that
the offense is an infraction in which event the case shall proceed as
if the defendant had been arraigned on an infraction complaint.
   (e) Nothing in this section authorizes a judge to relieve a
defendant of the duty to register as a sex offender pursuant to
Section 290 if the defendant is charged with an offense for which
registration as a sex offender is required pursuant to Section 290,
and for which the trier of fact has found the defendant guilty.



18.  Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a felony, or to
be punishable by imprisonment in a state prison, is punishable by
imprisonment in any of the state prisons for 16 months, or two or
three years; provided, however, every offense which is prescribed by
any law of the state to be a felony punishable by imprisonment in any
of the state prisons or by a fine, but without an alternate sentence
to the county jail, may be punishable by imprisonment in the county
jail not exceeding one year or by a fine, or by both.



19.  Except in cases where a different punishment is prescribed by
any law of this state, every offense declared to be a misdemeanor is
punishable by imprisonment in the county jail not exceeding six
months, or by fine not exceeding one thousand dollars ($1,000), or by
both.



19.2.  In no case shall any person sentenced to confinement in a
county or city jail, or in a county or joint county penal farm, road
camp, work camp, or other county adult detention facility, or
committed to the sheriff for placement in any county adult detention
facility, on conviction of a misdemeanor, or as a condition of
probation upon conviction of either a felony or a misdemeanor, or
upon commitment for civil contempt, or upon default in the payment of
a fine upon conviction of either a felony or a misdemeanor, or for
any reason except upon conviction of more than one offense when
consecutive sentences have been imposed, be committed for a period in
excess of one year; provided, however, that the time allowed on
parole shall not be considered as a part of the period of
confinement.



19.4.  When an act or omission is declared by a statute to be a
public offense and no penalty for the offense is prescribed in any
statute, the act or omission is punishable as a misdemeanor.



19.6.  An infraction is not punishable by imprisonment. A person
charged with an infraction shall not be entitled to a trial by jury.
A person charged with an infraction shall not be entitled to have the
public defender or other counsel appointed at public expense to
represent him or her unless he or she is arrested and not released on
his or her written promise to appear, his or her own recognizance,
or a deposit of bail.



19.7.  Except as otherwise provided by law, all provisions of law
relating to misdemeanors shall apply to infractions including, but
not limited to, powers of peace officers, jurisdiction of courts,
periods for commencing action and for bringing a case to trial and
burden of proof.



19.8.  The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 652, and 853.7
of this code; subdivision (n) of Section 602 of this code;
subdivision (b) of Section 25658 and Sections 21672, 25658.5, 25661,
and 25662 of the Business and Professions Code; Section 27204 of the
Government Code; subdivision (c) of Section 23109 and Sections 12500,
14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any
other offense which the Legislature makes subject to subdivision (d)
of Section 17. Except where a lesser maximum fine is expressly
provided for a violation of any of those sections, any violation
which is an infraction is punishable by a fine not exceeding two
hundred fifty dollars ($250).
   Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.



20.  In every crime or public offense there must exist a union, or
joint operation of act and intent, or criminal negligence.



21.  (a) The intent or intention is manifested by the circumstances
connected with the offense.
   (b) In the guilt phase of a criminal action or a juvenile
adjudication hearing, evidence that the accused lacked the capacity
or ability to control his conduct for any reason shall not be
admissible on the issue of whether the accused actually had any
mental state with respect to the commission of any crime. This
subdivision is not applicable to Section 26.



21a.  An attempt to commit a crime consists of two elements: a
specific intent to commit the crime, and a direct but ineffectual act
done toward its commission.



22.  (a) No act committed by a person while in a state of voluntary
intoxication is less criminal by reason of his or her having been in
that condition. Evidence of voluntary intoxication shall not be
admitted to negate the capacity to form any mental states for the
crimes charged, including, but not limited to, purpose, intent,
knowledge, premeditation, deliberation, or malice aforethought, with
which the accused committed the act.
   (b) Evidence of voluntary intoxication is admissible solely on the
issue of whether or not the defendant actually formed a required
specific intent, or, when charged with murder, whether the defendant
premeditated, deliberated, or harbored express malice aforethought.
   (c) Voluntary intoxication includes the voluntary ingestion,
injection, or taking by any other means of any intoxicating liquor,
drug, or other substance.


23.  In any criminal proceeding against a person who has been issued
a license to engage in a business or profession by a state agency
pursuant to provisions of the Business and Professions Code or the
Education Code, or the Chiropractic Initiative Act, the state agency
which issued the license may voluntarily appear to furnish pertinent
information, make recommendations regarding specific conditions of
probation, or provide any other assistance necessary to promote the
interests of justice and protect the interests of the public, or may
be ordered by the court to do so, if the crime charged is
substantially related to the qualifications, functions, or duties of
a licensee.
   For purposes of this section, the term "license" shall include a
permit or a certificate issued by a state agency.
   For purposes of this section, the term "state agency" shall
include any state board, commission, bureau, or division created
pursuant to the provisions of the Business and Professions Code, the
Education Code, or the Chiropractic Initiative Act to license and
regulate individuals who engage in certain businesses and
professions.



24.  This Act, whenever cited, enumerated, referred to, or amended,
may be designated simply as THE PENAL CODE, adding, when necessary,
the number of the section.

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