HOUSE BILL No. 1246
DIGEST OF INTRODUCED BILL
Synopsis: Alcohol offenses involving minors. Changes the defenses
allowed to a permit holder who is charged with unlawfully furnishing
an alcoholic beverage to a minor. Makes it a Class B misdemeanor
(instead of a Class C misdemeanor) for a person to recklessly sell,
barter, exchange, provide, or furnish an alcoholic beverage to a minor.
Effective: July 1, 2003.
Smith V, Budak
January 13, 2003, read first time and referred to Committee on Public Policy, Ethics and
First Regular Session 113th General Assembly (2003)
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HOUSE BILL No. 1246
A BILL FOR AN ACT to amend the Indiana Code concerning
alcoholic beverages and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-5-7-5.1; (03)IN1246.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.1. (a) A permittee in
a criminal prosecution or in a proceeding before the commission or a
local board based upon a charge of unlawfully furnishing an alcoholic
beverage to a minor may offer either or both of the following proofs as
a defense or defenses to the prosecution or proceeding:
falsely represented the purchaser's age in a written
statement, such as that prescribed by subsection (b), supported
by two (2) forms of identification showing the purchaser to be
at least twenty-one (21) years of age;
produced a driver's license, bearing the purchaser's
photograph, that showed that the purchaser was of legal age
to make the purchase;
produced a photographic identification card issued
or a similar card issued under the laws of
another state or the federal government, showing that the
purchaser was of legal age to make the purchase.
(B) the appearance of the purchaser was such that an ordinary
prudent person would believe the purchaser to be of legal age
to make the purchase; and
(C) the sale was made in good faith based upon the reasonable
belief that the purchaser was actually of legal age to make the
(2) That the permittee or
his the permittee's agent had taken all
reasonable precautions in instructing his employees, in hiring his
employees, and in supervising them as to sale of alcoholic
beverages to minors. required each purchaser who had an
appearance that would cause an ordinary prudent individual
to believe that the purchaser was less than twenty-six (26)
years of age to produce photographic identification, on at
least one (1) occasion, showing that the purchaser was of legal
age to make the purchase.
(b) The following written statement is sufficient for the purposes of
REPRESENTATION AND STATEMENT
FOR PURCHASE OF ALCOHOLIC
I understand that misrepresentation of age to induce the sale,
service, or delivery of alcoholic beverages to me is cause for my arrest
and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for up
to one year.
(4) Possible requirement to participate in an alcohol education or
Knowing the possible penalties for misstatement, I hereby represent
and state, for the purpose of inducing ________________________
(Name of licensee)
to sell, serve, or deliver alcoholic beverages to me, that I was born:
________, _______, ______ and am ____ years of age.
(Month) (Day) (Year)
Date __________ Signed _______________________
Other Identification Signature of person
Presented: who witnessed completion
Nonphoto driver's of this statement
license: (number & state) by patron:
Social Security Number
SOURCE: IC 7.1-5-7-8; (03)IN1246.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) It is a
Class B misdemeanor for a person to recklessly sell, barter, exchange,
provide, or furnish an alcoholic beverage to a minor.
(b) This section shall not be construed to impose civil liability upon
any educational institution of higher learning, including but not limited
to public and private universities and colleges, business schools,
vocational schools, and schools for continuing education, or its agents
for injury to any person or property sustained in consequence of a
violation of this section unless such institution or its agent sells,
barters, exchanges, provides, or furnishes an alcoholic beverage to a
SOURCE: ; (03)IN1246.1.3. -->
SECTION 3. [EFFECTIVE JULY 1, 2003]
amended by this act, applies to a criminal prosecution or a
proceeding before the alcohol and tobacco commission based on a
charge of unlawfully furnishing an alcoholic beverage to a minor
only if the unlawful act is alleged to have been committed after
June 30, 2003.