HB1422 Summary

• Individuals under 21 who knowingly deliver alcohol to someone under 21 are guilty of a class A misdemeanor; individuals 21+ who deliver alcohol to someone under 21 are guilty of a class C felony.

• Individuals under 21 are immune from criminal prosecution if they contact law enforcement or emergency services reporting another underage person needs medical assistance due to alcohol consumption, provide assistance, and cooperate with responders, with a maximum of five individuals immune per occurrence.

• Courts must consider as mitigation if the underage person needed medical assistance after consuming alcohol and the defendant contacted law enforcement or emergency medical personnel within twelve hours to report this.

• A licensee who dispenses alcohol to someone under 21 is guilty of a class C felony; a licensee who permits someone under 21 to remain on premises while alcohol is sold is guilty of a class A misdemeanor.

• Law enforcement officers who have reasonable suspicion of a felony alcohol-related violation under sections 5-01-09, 5-02-06, or 14-10-06 shall arrest the individual, and failing to do so is a class C felony.