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


Introduced Version






SENATE BILL No. 134

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DIGEST OF INTRODUCED BILL



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.





Lawson C




    January 4, 2012, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

Second Regular Session 117th General Assembly (2012)


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SENATE BILL No. 134



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-5-7-8.5; (12)IN0134.1.1. -->     SECTION 1. IC 7.1-5-7-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 8.5. (a) This section does not apply to a minor who consumes an alcoholic beverage:
        (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).

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