Delaware General Assembly

House Judiciary 6/27/06

The General Assembly has ended, the current status is the final status.

5/11/06

Spence

Sen. McBride

Reps. Buckworth, Carey, Cathcart, DiPinto, Ewing, Hocker, Maier, Miro, Thornburg, Ulbrich, Ennis

AN ACT TO AMEND TITLE 4, DELAWARE CODE RELATING TO UNDERAGE DRINKING, IDENTIFICATION AND PENALTIES.

Underage drinking is dangerous to the youth involved and to the community. In the on-going effort to control underage drinking, this Bill authorizes the Alcoholic Beverage Control Commissioner to regulate electronic equipment, and training to determine fake ID’s. Licensees that properly maintain and use such approved equipment are given a defense against fines and penalties for underage sales. ID’s that are reasonably believed to be false are authorized to be retained and turned over to the police and the licensee and employees are given immunity for retaining such ID’s. Driver’s licenses would be suspended for one year or until they attain age 21, whichever period is longer, if police retain the fraudulent identification for prosecution and if the person is convicted of knowingly using or attempting to use fraudulent identification to purchase alcohol. Additionally, any reasonable way to determine fake ID’s could have benefits for homeland security and general public safety.

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Takes effect upon being signed into law

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