Bill Text: DE HB428 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-09 - HS 1 for HB 428 - Amendment HA 1 - Introduced and Placed With Bill [HB428 Detail]

Download: Delaware-2009-HB428-Draft.html

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SPONSOR:	Rep. Barbieri & Rep. Ramone & Sen. Peterson
	Rep. Briggs King; Sen. Henry

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 428

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.

WHEREAS, according to state and national surveys, alcohol is the most widely used drug among adolescents and young adults; and

WHEREAS, a child who begins using alcohol before the age of fifteen is four times more likely to experience alcohol dependence than one who refrains from alcohol use until age 21; and

WHEREAS, in Delaware, two out of every three high school students has consumed alcohol in the past year, and one in four is a binge drinker, consuming in excess of three or more drinks at a time; and

WHEREAS, in Delaware, 28% of 11^th grade students meet established criteria for alcohol dependence and or abuse (21% for abuse only, 1% for dependence only, and 6% for both dependence and abuse); and

WHEREAS, According to the Delaware School Survey, 11^th grade students who have had a drink in the past month are sixteen times more likely to get in a car with a driver who is a minor and has been drinking; more than twice as likely to hit someone ordamage another's property; five and a half times more likely to smoke marijuana and six times more likely to use other drugs; three times more likely to be forced to have unwanted sexual intercourse; and four times more likely to be arrested; and

WHEREAS, according to a national survey, two-thirds of underage drinkers obtain alcoholic beverages directly from an adult; and

WHEREAS, according to the Delaware School Survey, of the 11^th grade students who have consumed alcohol in the past year, 22% have been to a party where parents provided the alcoholic beverages; 43% have been to a party with alcoholic beverages and no adults present; and 33% have had someone over the age of 21 buy alcoholic beverages for them; and

WHEREAS, recognizing that dram shop and social host liability raise controversial and competing public policy questions best addressed by the General Assembly, Delaware Courts have consistently held that, in absence of specific legislation, a person injured by an intoxicated minor has no statutory or common law cause of action against the individual or entity which provided alcohol to the minor; and

WHEREAS, the General Assembly believes that adults who knowingly provide alcohol to individuals under the age of 21 should share responsibility for injuries caused by such persons.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend Chapter 9, Title 4 of the Delaware Code by striking "CRIMINAL OFFENSE AND PENALTIES" as the Title of said Chapter and substituting "CRIMINAL OFFENSES AND PENALTIES; CIVIL CAUSE OF ACTION" in lieu thereof.

Section 2.Amend §904, Title 4 of the Delaware Code by striking the number "$100" as it appears therein and substituting "$250" in lieu thereof and by striking the words "may be ordered" wherever they appear therein and substituting the words "shall be ordered" in lieu thereof.

Section 3.Amend Chapter 9, Title 4 of the Delaware Code by adding a new section, "§904A", thereto as follows:

"§904A.Civil liability for Providing Alcohol to Certain Persons; Cause of Action.

(a) A person who suffers injuries as a result of the tortious conduct of an intoxicated minor shall have a private cause of action against an entity licensed or required to be licensed pursuant to this Chapter or person over the age of 21 who provided alcohol to the minor where the following circumstances exist:

(1) The entity or person over the age of 21 knowingly or recklessly supplied, sold, bartered, gave or otherwise provided or purchased for a minor any alcoholic liquor that caused the minor's intoxication; or

(2) The entity or person over the age of 21 had control over the premises and, being in a reasonable position to prevent the consumption of alcoholic liquor by the minor, knowingly or recklessly permitted such consumption and the consumption caused the minor's intoxication.

(b)For purposes of this section, the term "minor" shall mean any person who has not reached the age of 21 years.

(c)In any action brought pursuant to this section, damages may only be awarded if the minor's intoxication was a proximate cause of the injuries suffered.

(d) A minor who causes injury to their person or property after having been provided alcoholic liquor shall have no cause of action under this section.".

SYNOPSIS

This Act increases the minimum fine (from $100 to $250) for purchasing or providing alcohol to a person under the age of 21 and makes performance of community service mandatory for such an offense.The Act also establishes a civil cause of action which would allow a person injured by intoxicated minor (defined as person under the age of 21) to sue the adults or entity which provided alcohol to the minor.Delaware Courts have consistently held that a person injured by an intoxicated minor has no statutory or common law cause of action against the business or social hosts who provided alcohol to the minor.See Oakes v. Megaw, 565 A.2d 914 (Del. 1989a)(no cause of action against tavern regardless of patron's age); Zonko v. Brosnahan, 2007 WL 3108201 (Del. Super. 2007)(no cause of action against social hosts who provided alcohol to minor).Pursuant to this Act, a person injured by an intoxicated minor would be permitted to bring a civil cause of action against any entity or adult which provided alcohol to the minor or permitted the minor to consume alcohol on their premises.