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Current Status Bill Number:View additional legislative information at the LPITS web site.3464 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990204 Primary Sponsor:Easterday All Sponsors:Easterday, Davenport, Barrett, Keegan, Robinson, Simrill, Sandifer, Govan, Rodgers, Gilham, Rice, Loftis, Hamilton, Meacham-Richardson and McGee Drafted Document Number:l:\council\bills\gjk\20151som99.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Minor under twenty-one aiding law officer in investigating alcoholic beverage offenses not to be fined, Alcohol History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990204 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 61-4-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST THE SELLER AND THE PURCHASER WHEN A PERSON IS CHARGED WITH THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR, SO AS TO PROVIDE THAT IF A PERSON, EIGHTEEN YEARS OF AGE OR OLDER, BUT LESS THAN TWENTY-ONE PURCHASES THE BEER OR WINE AS PART OF A LAW ENFORCEMENT INVESTIGATION, THIS SECTION DOES NOT REQUIRE THAT PERSON TO BE CHARGED WITH THE UNLAWFUL PURCHASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-100. If a person is charged with a violation of Section 61-4-50 (the unlawful sale of beer or wine to minors), the minor must also be charged with a violation of Section 20-7-8920 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-4-60 (false information as to age) or if an adult violated Section 61-4-80 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons must also be charged with their violations.
Unless the provisions of this section are complied with, no person charged with a violation of Section 61-4-50 may be convicted of the offense.
Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
Nothing in this section requires a person to be charged with a violation of Section 20-7-8920 or 61-4-60 if that person purchases the beer or wine as part of an investigation being conducted by state or local law enforcement and the person is eighteen years of age or older but less than twenty-one."
SECTION 2. This act takes effect upon approval by the Governor.
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