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S1287.............................................................by BRANDT
ALCOHOL - SALE TO MINORS - Amends existing law to provide that it shall be
unlawful for any person to knowingly or intentionally sell, give, or
furnish, or cause to be sold, given or furnished distilled spirits, beer or
wine to a person under twenty-one; to provide felony penalties for a second
or subsequent violation of selling, giving, furnishing or causing to be
sold, given or furnished any distilled spirits, beer or wine to a person
under the age of twenty-one years or if the minor suffers great bodily
harm, permanent disfigurement, permanent disability or death due to such
violation; and to provide for notification to the Idaho State Police of
violations.
01/16 Senate intro - 1st rdg - to printing
01/17 Rpt prt - to Jud
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1287
BY BRANDT
1 AN ACT
2 RELATING TO DISPENSING OR PROVIDING ALCOHOL TO MINORS; AMENDING SECTION
3 23-603, IDAHO CODE, TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO
4 KNOWINGLY OR INTENTIONALLY SELL, GIVE, OR FURNISH, OR CAUSE TO BE SOLD,
5 GIVEN OR FURNISHED DISTILLED SPIRITS, BEER OR WINE, TO A PERSON UNDER THE
6 AGE OF TWENTY-ONE YEARS; TO PROVIDE FELONY PENALTIES FOR THE KNOWING OR
7 INTENTIONAL SELLING, GIVING, FURNISHING, CAUSING TO BE SOLD, GIVEN OR FUR-
8 NISHED DISTILLED SPIRITS, BEER OR WINE TO A PERSON UNDER THE AGE OF
9 TWENTY-ONE YEARS ON A SECOND OR SUBSEQUENT VIOLATION BY A DEFENDANT OR IF
10 ANY PERSON SUFFERS GREAT BODILY HARM, PERMANENT DISFIGUREMENT, PERMANENT
11 DISABILITY OR DEATH DUE TO SUCH VIOLATION AND TO PROVIDE FOR NOTIFICATION
12 TO THE IDAHO STATE POLICE OF VIOLATIONS.
13 Be It Enacted by the Legislature of the State of Idaho:
14 SECTION 1. That Section 23-603, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 23-603. DISPENSING TO MINOR -- RESULTING INJURY TO PERSONS. (1) It shall
17 be unlawful for aAny person who shall to knowingly or intentionally: sell,
18 give, or furnish, or cause to be sold, given, or furnished, alcohol beverage,
19 including any distilled spirits, beer or wine, to a person under the age of
20 twenty-one (21) years. shall be guilty of a misdemeanor.
21 (2) Except as otherwise provided in this section, any person violating
22 subsection (1) of this section shall be guilty of a misdemeanor. A second or
23 subsequent violation of this section by the same defendant shall constitute a
24 felony: (a) on the second or subsequent violation of this section by the same
25 defendant, or (b) if any person suffers great bodily harm, permanent disfig-
26 urement, permanent disability or death due to a violation of this section, and
27 shall be punished by a fine not to exceed five thousand dollars ($5,000), or
28 imprisonment with the state board of correction for a period not to exceed ten
29 (10) years, or both.
30 (3) Upon conviction of any person for a violation of the provisions of
31 this section, the court shall notify the director of the Idaho state police.
32 The director shall review the circumstances of the conviction, and if the dis-
33 pensing took place at a licensed establishment or other retailer or distribu-
34 tor, the director may take administrative action he considers appropriate
35 against the licensee or business including suspension of the license for not
36 to exceed six (6) months, a fine, or both such suspension and fine.
STATEMENT OF PURPOSE
RS 11555
This legislation provides felony penalties for anyone convicted of
providing alcohol to minors on the second violation or when any
person suffers great bodily harm due to this violation.
FISCAL IMPACT
Negligible fiscal impact.
Contact
Name: Senator Skip Brandt
Phone: 332-1354
Name: Representative Gary Young
Phone: 332-1218
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. S 1287