AB 420

Under current law, with certain exceptions, a person who has not reached the

legal drinking age of 21 years (underage person), and who is not accompanied by his

or her parent, guardian, or spouse who has reached the legal drinking age, may not

knowingly possess or consume alcohol beverages and may not enter or be on any

premises for which a license or permit for the retail sale of alcohol beverages has been

issued (licensed premises). No person, including a licensee or permittee, may

procure for, sell, dispense, or give away (provide) alcohol beverages to an underage

person who is not accompanied by his or her parent, guardian, or spouse who has

reached the legal drinking age. If a person provides alcohol beverages to a person

under 18 years of age (minor) in violation of these prohibitions, and the provider

knew or should have known that the minor was under the legal drinking age, the

provider is guilty of a Class H felony if the minor suffers great bodily harm, and is

guilty of a Class G felony if the minor dies, as a result of consuming the alcohol

beverages provided. A Class H felony is punishable by a fine of not more than

$10,000 or a term of imprisonment of up to six years or both. A Class G felony is

punishable by a fine of not more than $25,000 or a term of imprisonment of up to ten

years or both.

This bill creates penalties for persons who unlawfully provide, on licensed

premises, alcohol beverages to underage persons who are 18, 19, or 20 years of age,

if the provider knows or should know that the person is underage and the underage

person suffers great bodily harm or death as a result of consuming the alcohol

beverages. The provider is subject to a fine of not more than $10,000 or a term of

imprisonment of up to nine months in the county jail or both if the underage person

suffers great bodily harm and must be fined not more than $10,000 or imprisoned for

not more than one year in the county jail or both if the underage person dies.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.