Bill Text: IN SB0134 | 2012 | Regular Session | Introduced
Bill Title: Social host liability.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-04 - First reading: referred to Committee on Corrections, Criminal, and Civil Matters [SB0134 Detail]
Download: Indiana-2012-SB0134-Introduced.html
Citations Affected: IC 7.1-5-7-8.5.
Synopsis: Social host liability. Requires a person at least 21 years of
age who knows that a minor is in possession of an alcoholic beverage
on the person's property to: (1) prohibit the minor from possessing the
alcoholic beverage; (2) confiscate the alcoholic beverage; and (3)
immediately contact the minor's parent, guardian, or custodian; unless
the alcoholic beverage is possessed in connection with a religious
observation, in the presence of the minor's parent, or at a postsecondary
educational institution. Makes a violation a Class C infraction, or a
Class B infraction if the person knows that six or more minors
possessed an alcoholic beverage or if the person has been adjudged to
have committed a prior violation. Provides that a person may be
charged with a violation not more than one time per day. Specifies that
a judgment for a violation is in addition to any criminal penalty that
may be imposed for contributing to the delinquency of a minor. (The
introduced version of this bill was prepared by the commission on
mental health and addiction.)
Effective: July 1, 2013.
January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
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(1) in connection with a religious observation;
(2) in the presence of the minor's parent, guardian, or custodian; or
(3) at a postsecondary educational institution.
(b) A person at least twenty-one (21) years of age who knows that a minor is in possession of an alcoholic beverage on property owned, leased, or controlled by the person shall:
(1) prohibit the minor from possessing an alcoholic beverage on the person's property;
(2) confiscate the alcoholic beverage, if this can be done without breaching the peace; and
(3) immediately contact the minor's parent, guardian, or custodian, if possible.
(c) A person who violates subsection (b) commits a Class C infraction. However, the violation is a Class B infraction if:
(1) the number of minors that the person knows possessed an alcoholic beverage is six (6) or more; or
(2) the person has a prior unrelated judgment for a violation of this section.
(d) A person may be charged with a violation of this section not more than one (1) time per day.
(e) A judgment imposed for a violation of this section is in addition to any criminal penalty that may be imposed for contributing to the delinquency of a minor (IC 35-46-1-8).
