Bill Text: DE HB70 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Wind Energy Systems.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2009-07-01 - HS 1 for HB 70 - Passed by Senate. Votes: Passed 17 YES 0 NO 0 NOT VOTING 3 ABSENT 1 VACANT [HB70 Detail]

Download: Delaware-2009-HB70-Draft.html

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

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 70

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 social host liability raises 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 who provided alcohol to the minor; and

WHEREAS, the General Assembly believes that adults who knowingly or recklessly 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 subsections (b), (c), and (d), 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 a person over the age of 21 who provided alcohol to the minor where the following circumstances exist:

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

(2)The 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)Definitions.For purposes of this section:

(1)"Intoxication" shall be defined consistent with sections 4177(a)(4) and (c)(1) of Title 21 of this Code.

(2)"Minor" means any person who has not reached the age of 21 years.

(3)"Knowingly" and "recklessly" have the definition given those words in section 231 of Title 11 of this Code.

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

(d)A minor who causes injury to that minor's own person or property after having been provided alcoholic liquor, or a person acting on the minor's behalf, shall have no cause of action under this section.

(e)Exclusions.

(1) The provisions of this section shall not be interpreted as imposing dram shop liability on any person or entity licensed pursuant to Chapter 5 of this title.

(2) This section shall not apply to the possession or consumption of alcoholic liquor in connection with any religious service or by members of the same family within the private home of any of said members, so long as the minor does not become intoxicated and subsequently

commit a tortious act.

(3) It shall be a defense to liability under this section that the minor presented an identification such as that described in section 904(a)(2) of this title.".

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 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 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 adult who provided alcohol to the minor or permitted the minor to consume alcohol on their premises.