South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

S. 891

STATUS INFORMATION

General Bill
Sponsors: Senator Shealy
Document Path: l:\s-jud\bills\shealy\jud0074.mf.docx

Introduced in the Senate on January 14, 2020
Introduced in the House on June 24, 2020
Last Amended on May 12, 2020
Currently residing in the House Committee on Judiciary

Summary: Alcohol; transfer for underage consumption

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/11/2019  Senate  Prefiled
  12/11/2019  Senate  Referred to Committee on Judiciary
   1/14/2020  Senate  Introduced and read first time (Senate Journal-page 29)
   1/14/2020  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 29)
   2/14/2020  Senate  Referred to Subcommittee:  Turner (ch), Hutto, Talley, 
                        Cash, Harpootlian
   3/11/2020  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 5)
   3/12/2020          Scrivener's error corrected
   5/12/2020  Senate  Committee Amendment Adopted (Senate Journal-page 41)
   5/12/2020  Senate  Read second time (Senate Journal-page 41)
   5/12/2020  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 41)
   5/12/2020  Senate  Unanimous consent for third reading on next legislative 
                        day (Senate Journal-page 41)
   5/13/2020  Senate  Read third time and sent to House (Senate Journal-page 3)
   6/24/2020  House   Introduced and read first time (House Journal-page 29)
   6/24/2020  House   Referred to Committee on Judiciary 
                        (House Journal-page 29)

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/11/2019
3/11/2020
3/12/2020
5/12/2020

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

May 12, 2020

S. 891

Introduced by Senator Shealy

S. Printed 5/12/20--S.

Read the first time January 14, 2020.

            

A BILL

TO AMEND SECTION 61-4-90(A), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR UNDERAGE PERSON'S CONSUMPTION, SO AS TO PROVIDE THAT COMPLIANCE TESTING MUST BE UNDER THE DIRECT SUPERVISION OF A LAW ENFORCEMENT AGENCY AND THE AGENCY MUST HAVE THE PERSON'S PARENTAL CONSENT; TO AMEND SECTION 61-6-4070(A), RELATING TO THE TRANSFER TO PERSON UNDER THE AGE OF TWENTY-ONE YEARS, SO AS TO PROVIDE THAT COMPLIANCE TESTING MUST BE UNDER THE DIRECT SUPERVISION OF A LAW ENFORCEMENT AGENCY AND THE AGENCY MUST HAVE THE PERSON'S PARENTAL CONSENT; TO REPEAL SECTION 61-4-100, RELATING TO CRIMINAL CHARGES BROUGHT AGAINST BOTH A SELLER AND PURCHASER; AND TO REPEAL SECTION 61-6-4085, RELATING TO CHARGES AGAINST A SELLER AND MINOR PURCHASER.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 61-4-90(A) of the 1976 Code is amended to read:

"(A)    It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or wine in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. If the person recruited and authorized by a law enforcement agency to test such compliance is under the age of eighteen years, then the testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. A person who violates this section transfers or gives to a person under the age of twenty-one years for the purpose of consumption of beer or wine is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."

SECTION    2.    Section 61-6-4070(A) of the 1976 Code is amended to read:

"(A)    It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. If the person recruited and authorized by a law enforcement agency to test such compliance is under the age of eighteen years, then the testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. A person who violates this section transfers or gives to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."

SECTION    3.    Sections 61-4-100 and 61-6-4085 are repealed.

SECTION    4.    This act takes effect upon approval by the Governor.

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This web page was last updated on June 29, 2020 at 1:31 PM