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.