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DE HB70

Bill

Status

Engrossed

6/7/2011

Primary Sponsor

Michael Barbieri

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Origin

House of Representatives

146th General Assembly

AI Summary

  • Increases the minimum fine from $100 to $250 for purchasing or providing alcohol to a person under age 21, and makes community service mandatory rather than optional for this offense

  • Creates a civil cause of action allowing persons injured by an intoxicated minor to sue adults who knowingly or recklessly provided alcohol to the minor or permitted alcohol consumption on their premises

  • Defines "intoxication" consistent with Delaware DUI laws and "minor" as any person under age 21

  • Excludes dram shop liability for licensed establishments, religious services, and family members providing alcohol in private homes (unless the minor becomes intoxicated and commits a tortious act)

  • Provides a defense to liability if the minor presented false identification, and bars minors from suing on their own behalf for self-inflicted injuries

Legislative Description

An Act To Amend Title 4 Of The Delaware Code Relating To Alcoholic Liquors, Offenses Concerning Certain Persons And The Creation Of A Civil Cause Of Action For Injuries Caused By Certain Persons.

Last Action

Reported Out of Committee (JUDICIARY) in Senate with 5 On Its Merits

1/25/2012

Committee Referrals

Judiciary6/8/2011
Judiciary3/30/2011

Full Bill Text

No bill text available