Bill Summary for H 744 (2019-2020)

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Summary date: 

Apr 15 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 744 (Public) Filed Monday, April 15, 2019
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.

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Bill summary

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.