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					                                   South Carolina General Assembly
                                       118th Session, 2009-2010

S. 248

STATUS INFORMATION

General Bill
Sponsors: Senators L. Martin, Shoopman, Fair, Verdin, Thomas, Lourie, Williams and Alexander
Document Path: l:\council\bills\ms\7121ahb09.docx
Companion/Similar bill(s): 3164

Introduced in the Senate on January 13, 2009
Introduced in the House on May 12, 2009
Last Amended on April 30, 2009
Currently residing in the House Committee on Judiciary

Summary: Underage drinking


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 1/13/2009   Senate   Introduced and read first time SJ-195
 1/13/2009   Senate   Referred to Committee on Judiciary SJ-195
 1/23/2009   Senate   Referred to Subcommittee: Hutto (ch), Rose, Shoopman
 4/22/2009   Senate   Committee report: Favorable with amendment Judiciary SJ-6
 4/23/2009            Scrivener's error corrected
 4/29/2009   Senate   Amended SJ-38
 4/30/2009   Senate   Amended SJ-34
 4/30/2009   Senate   Read second time SJ-34
 4/30/2009   Senate   Unanimous consent for third reading on next legislative day SJ-34
  5/1/2009            Scrivener's error corrected
  5/1/2009   Senate   Read third time and sent to House SJ-2
 5/12/2009   House    Introduced and read first time HJ-10
 5/12/2009   House    Referred to Committee on Judiciary HJ-10


VERSIONS OF THIS BILL

1/13/2009
4/22/2009
4/23/2009
4/29/2009
4/30/2009
5/1/2009
 1 AMENDED
 2 April 30, 2009
 3
 4                                                     S. 248
 5
 6   Introduced by Senators L. Martin, Shoopman, Fair, Verdin,
 7   Thomas, Lourie, Williams and Alexander
 8
 9   S. Printed 4/30/09--S.                  [SEC 5/1/09 9:54 AM]
10   Read the first time January 13, 2009.
11




     [248-1]
 1
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 8
 9                              A BILL
10
11   TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12   1976, BY ADDING SECTION 61-4-95 SO AS TO CREATE THE
13   OFFENSE OF UNLAWFULLY PROVIDING BEER OR WINE
14   TO A PERSON UNDER THE AGE OF TWENTY-ONE WHEN
15   GREAT BODILY INJURY OR DEATH RESULTS TO THE
16   PERSON UNDER THE AGE OF TWENTY-ONE OR TO
17   ANOTHER PERSON AND TO PROVIDE PENALTIES; AND
18   BY ADDING SECTION 61-6-4083 SO AS TO CREATE THE
19   OFFENSE OF UNLAWFULLY PROVIDING ALCOHOLIC
20   LIQUORS TO A PERSON UNDER THE AGE OF
21   TWENTY-ONE WHEN GREAT BODILY INJURY OR DEATH
22   RESULTS TO THE PERSON UNDER THE AGE OF
23   TWENTY-ONE OR TO ANOTHER PERSON AND TO
24   PROVIDE PENALTIES.
25     Amend Title To Conform
26
27   Be it enacted by the General Assembly of the State of South
28   Carolina:
29
30   SECTION 1. Article 1, Chapter 4, Title 61 of the 1976 Code is
31   amended by adding:
32
33      “Section 61-4-95. (A) A person twenty-one years of age or
34   older who knowingly and unlawfully sells to, transfers to,
35   distributes to, or purchases beer or wine for consumption by a
36   person under the age of twenty-one pursuant to the prohibitions
37   provided in Section 61-4-50, 61-4-80, or 61-4-90, and that sale,
38   transfer, distribution, or purchase is the proximate cause of great
39   bodily injury to or the death of the person under the age of
40   twenty-one or another person, is guilty of a felony and, upon
41   conviction, must be fined not more than five thousand dollars or
42   imprisoned for not more than five years, or both.

     [248]                            1
 1      (B) A person under the age of twenty-one who knowingly and
 2   unlawfully sells to, transfers to, distributes to, or purchases beer or
 3   wine for consumption by a person under the age of twenty-one
 4   pursuant to the prohibitions provided in Section 61-4-50, 61-4-80,
 5   or 61-4-90, and that sale, transfer, distribution, or purchase is the
 6   proximate cause of great bodily injury to or the death of the person
 7   under the age of twenty-one or another person, is guilty of a:
 8         (1) misdemeanor and, upon conviction, must be fined not
 9   more than one thousand dollars or imprisoned for not more than
10   three years, or both, when great bodily injury results; or
11         (2) felony and, upon conviction, must be fined not more than
12   five thousand dollars or imprisoned for not more than five years, or
13   both, when death results.
14      (C) Failure of a person who sells beer or wine to require
15   identification to verify a person’s age is prima facie evidence of a
16   violation of this section.
17      (D) The provisions of this section do not apply to a person who
18   is permitted to transfer or distribute beer or wine to a person under
19   the age of twenty-one pursuant to Section 61-4-90.”
20
21   SECTION 2. Article 13, Chapter 6, Title 61 of the 1976 Code is
22   amended by adding:
23
24      “Section 61-6-4083. (A) A person twenty-one years of age or
25   older who knowingly and unlawfully sells to, transfers to,
26   distributes to, or purchases alcoholic liquors for consumption by a
27   person under the age of twenty-one pursuant to the prohibitions
28   provided in Section 61-6-4070, 61-6-4075, or 61-6-4080, and that
29   sale, transfer, distribution, or purchase is the proximate cause of
30   great bodily injury to or the death of the person under the age of
31   twenty-one or another person, is guilty of a felony and, upon
32   conviction, must be fined not more than five thousand dollars or
33   imprisoned for not more than five years, or both.
34      (B) A person under the age of twenty-one who knowingly and
35   unlawfully sells to, transfers to, distributes to, or purchases
36   alcoholic liquors for consumption by a person under the age of
37   twenty-one pursuant to the prohibitions provided in Section
38   61-6-4070, 61-6-4075, or 61-6-4080, and that sale, transfer,
39   distribution, or purchase is the proximate cause of great bodily
40   injury to or the death of the person under the age of twenty-one or
41   another person, is guilty of a:



     [248]                              2
 1         (1) misdemeanor and, upon conviction, must be fined not
 2   more than one thousand dollars or imprisoned for not more than
 3   three years, or both, when great bodily injury results; or
 4         (2) felony and, upon conviction, must be fined not more than
 5   five thousand dollars or imprisoned for not more than five years, or
 6   both, when death results.
 7      (C) Failure of a person who sells alcoholic liquors to require
 8   identification to verify a person’s age is prima facie evidence of a
 9   violation of this section.
10      (D) The provisions of this section do not apply to a person who
11   is permitted to transfer or distribute alcoholic liqours to a person
12   under the age of twenty-one pursuant to Section 61-6-4070.”
13
14   SECTION 3. The repeal or amendment by this act of any law,
15   whether temporary or permanent or civil or criminal, does not
16   affect pending actions, rights, duties, or liabilities founded thereon,
17   or alter, discharge, release or extinguish any penalty, forfeiture, or
18   liability incurred under the repealed or amended law, unless the
19   repealed or amended provision shall so expressly provide. After
20   the effective date of this act, all laws repealed or amended by this
21   act must be taken and treated as remaining in full force and effect
22   for the purpose of sustaining any pending or vested right, civil
23   action, special proceeding, criminal prosecution, or appeal existing
24   as of the effective date of this act, and for the enforcement of
25   rights, duties, penalties, forfeitures, and liabilities as they stood
26   under the repealed or amended laws.
27
28   SECTION 4. This act takes effect upon approval by the Governor.
29                            ----XX----
30




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