The Proposed Bill for Social Hosting HB 896

16   LC 29 6742

House Bill 896

By: Representatives Dunahoo of the 30th, Chandler of the 105th, Barr of the 103rd, Kelley of the 16th, and Rogers of the 29th



1 To amend Code Section 3-3-23 and Chapter 1 of Title 51 of the Official Code of Georgia 2 Annotated, relating to furnishing to, purchase of, or possession by persons under 21 years of 3 age of alcoholic beverages and general provisions relating to torts, respectively, so as to 4 provide for a social host’s criminal responsibility and civil liability; to provide for exceptions; 5 to expand criminal responsibility and civil liability for providing or allowing persons under 6 21 years of age to consume alcoholic beverages; to provide for related matters; to repeal 7 conflicting laws; and for other purposes.

  • SECTION 1.
  • Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to furnishing to, 11 purchase of, or possession by persons under 21 years of age of alcoholic beverages, is 12 amended by revising paragraph (1) of subsection (a) and subsection (d) as follows:

13 “(1)(A)  No person knowingly, directly or through another person, shall furnish, cause 14 to be furnished, or permit any person in such person’s employ to furnish any alcoholic 15 beverage to any person under 21 years of age;

16 (B)(i)  No person who exercises control over property, a vehicle, or a vessel shall with 17 criminal negligence furnish, cause to be furnished, or permit the furnishing of any 18 alcoholic beverage, regardless of the source of such alcoholic beverage, directly or 19 indirectly, to any person under 21 years of age.

20 (ii)  A person shall not be guilty of a violation of this subparagraph if the conduct 21 upon which the alleged criminal responsibility is based was committed by an accused

  • who:
  • (I) Took reasonable action to prevent such violation, including, but not limited to, 24 controlling access to alcoholic beverages, controlling the quantity of alcoholic 25 beverages, supervising and monitoring the consumption of alcoholic beverages, and
  • complying with subsection (d) of this Code section; or
  • (II) Took immediate and effective action to stop such violation or requested 28 assistance from law enforcement upon learning of such violation;

29 “(d)  The prohibition contained in paragraph (1) of subsection (a) of this Code section shall 30 not apply with respect to sale of alcoholic beverages by a person when such the person has 31 been furnished with proper identification showing that the person to whom the alcoholic 32 beverage is sold or furnished is 21 years of age or older.  For purposes of this subsection, 33 the term ‘proper identification’ means any document issued by a governmental agency 34 containing a description of the person, such person’s photograph, or both, and giving such 35 person’s date of birth and includes, without being limited to, a passport, military 36 identification card, driver’s license, or an identification card authorized under Code 37 Sections 40-5-100 through 40-5-104.  ‘Proper identification’ shall not include a birth

  • certificate and shall not include any traffic citation and complaint form.”
  • SECTION 2.
  • Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general 41 provisions relating to torts, is amended by revising subsection (a) of Code Section 51-1-18, 42 relating to furnishing alcoholic beverages to minor children, as follows:

43 “(a)  The custodial parent or parents shall have a right of action against any person who 44 shall sell, or furnish, serve, or permit the furnishing of alcoholic beverages, directly or 45 through negligence, to that parent’s underage child for the child’s use without the

  • permission of the child’s parent.”
  • SECTION 3.
  • Said chapter is further amended by revising Code Section 51-1-40, relating to the liability 49 for acts of intoxicated persons, as follows:
  • “51-1-40.
  • (a) The General Assembly finds and declares that the consumption of alcoholic beverages, 52 rather than the sale, or furnishing, or serving, or permitting the furnishing of such 53 beverages, is the proximate cause of any injury, including death and property damage, 54 inflicted by an intoxicated person upon himself, herself, or uponanother person, except as 55 otherwise provided in subsection (b) of this Code section.

56 (b)  A person who sells, furnishes, or serves, or permits the furnishing of alcoholic 57 beverages to a person of lawful drinking age shall not thereby become liable for injury, 58 death, or damage caused by or resulting from the intoxication of such person, including 59 injury or death to other persons; provided, however, that a person who willfully, 60 knowingly, and unlawfully or through negligence sells, furnishes, or serves, or permits the 61 furnishing ofalcoholic beverages to a person who is not of lawful drinking age, knowing 62 that such person will soon be driving a motor vehicle, or who knowingly or through 63 negligence sells, furnishes, or serves, or permits the furnishing ofalcoholic beverages to 64 a person who is in a state of noticeable intoxication, knowing that such person will soon 65 be driving a motor vehicle, may become liable for injury or damage caused by or resulting 66 from the intoxication of such minor or person when the sale, furnishing, or serving, or 67 permitting the furnishing is the proximate cause of such injury or damage.  Nothing 68 contained in this Code section shall authorize the a consumer of any alcoholic beverage 69 who was 21 years of age or older to recover from the provider of such alcoholic beverage 70 for injuries or damages suffered by the such consumer.

71 (c)  In determining whether the sale, furnishing, or serving, or permitting the furnishing of 72 alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and 73 unlawfully or with negligence as provided in subsection (b) of this Code section, evidence 74 that the person selling, furnishing, or serving, or permitting the furnishing of alcoholic 75 beverages had been furnished with shown and acted in reliance on identification as defined 76 in subsection (d) of Code Section 3-3-23 showing that the person to whom the alcoholic 77 beverages were sold, furnished, or served, or permitted to be furnished was 21 years of age 78 or older shall constitute rebuttable proof that the alcoholic beverages were not sold,

79 furnished, or served, or permitted to be furnished willfully, knowingly, and unlawfully or 80 with negligence.

81 (d)  No person who owns, leases, or otherwise lawfully occupies a premises, except a 82 premises licensed for the sale of alcoholic beverages, shall be liable to any person who 83 consumes alcoholic beverages on the premises in the absence of and without the consent 84 of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors 85 of either, for any injury or death suffered on or off the premises, including damage to 86 property, caused by the intoxication of the person who consumed the alcoholic beverages.”

  • SECTION 4.
  • All laws and parts of laws in conflict with this Act are repealed.