Amends GS 18B-302.1 (Penalties for certain offenses related to underage persons) by adding new subsection (b1) to establish that a violation of GS 18B-302 subsections (a) (unlawful to sell alcohol to anyone under 21), (a1) (unlawful to give alcohol to anyone under 21), or (c)(2) (unlawful for any person over lawful age to aid and abet any person under 21 to sell, give, purchase, possess or consume alcohol) is a Class I felony if the commission of the offense is the proximate cause of the death of a person and one of the following apply: (1) for a violation of (a), the person knew or should have known, at the time of the sale, that the person sold the alcoholic beverage was less than 21 years old; (2) for a violation of (a1), the person knew or should have known, at the time the alcoholic beverage was given, that the person who was given the alcoholic beverage was less than 21 years old; and (3) for a violation of (c)(2), the person knew or should have known, at the time the alcoholic beverage was purchased, possessed, consumed, or otherwise provided, that the person who purchased, possessed, consumed, or was otherwise provided the alcoholic beverage was less than 21 years old. Makes conforming changes to GS 18B-302.1(a) and (b). Applies to offenses committed on or after December 1, 2019.
PROVIDE MINOR ALCOHOL/FELONY IF DEATH RESULTS.
|View NCGA Bill Details||2019-2020 Session|
AN ACT TO INCREASE THE PUNISHMENT FOR CERTAIN ALCOHOLIC BEVERAGE OFFENSES RELATED TO UNDERAGE PERSONS IF THE COMMISSION OF THE OFFENSE IS THE PROXIMATE CAUSE OF THE DEATH OF A PERSON.Intro. by Setzer.
Status: Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 16 2019)
Mon, 15 Apr 2019 House: Filed
Tue, 16 Apr 2019 House: Passed 1st Reading
Bill H 744 (2019-2020)Summary date: Apr 15 2019 - View Summary