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Introduced Version Senate Bill 76 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 76

(By Senators Kessler, Yoder, Plymale, Foster and Unger)

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[Introduced January 12, 2007; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §60-3-22a of the Code of West Virginia, 1931, as amended, relating to establishing underage drinking as an unlawful act rather than a status offense.

Be it enacted by the Legislature of West Virginia:
That §60-3-22a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SALES BY COMMISSIONER.
§60-3-22a. Unlawful acts by persons.
(a) Any person under the age of twenty-one years who, for the purpose of purchasing alcoholic liquors from a state liquor store or an agency, misrepresents his or her age, or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or her own, or who illegally attempts to purchase alcoholic liquors from a state liquor store or an agency, or who consumes any alcoholic liquors is guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed fifty dollars or shall be imprisoned in the county jail for a period not to exceed seventy-two hours, or both such fine and imprisonment, or, in lieu of such fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
(b) Any person who shall knowingly buy for, give to or furnish to anyone under the age of twenty-one to whom they are not related by blood or marriage, any alcoholic liquors from whatever source, is guilty of a misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed one hundred dollars or shall be imprisoned in the county jail for a period not to exceed ten days, or both such fine and imprisonment.


NOTE: The purpose of this bill is to include underage drinking as an unlawful act rather than a status offense.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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