05 LC
14 9103
House
Bill 563
By:
Representatives Martin of the
47th,
Harbin of the
118th,
Fleming of the
117th,
Geisinger of the
48th,
and Wilkinson of the
52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 3-3-23 of the Official Code of Georgia Annotated, relating to
unlawful acts involving alcoholic beverages and underage persons, so as to
redefine the offense of furnishing alcoholic beverages to underage persons; to
change provisions relating to the duty to request and be furnished with
identification prior to furnishing alcoholic beverages to certain persons under
certain circumstances and provide that violation of such duty shall constitute a
crime; to provide for related matters; to provide an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 3-3-23 of the Official Code of Georgia Annotated, relating to unlawful
acts involving alcoholic beverages and underage persons, is amended by striking
paragraph (1) of subsection (a) and subsection (h) and inserting in their
respective places a new paragraph (1) of subsection (a) and a new subsection (h)
to read as follows:
"(1)
No person
knowingly,
directly or through another person, shall furnish, cause to be furnished, or
permit any person in such
persońs
employ to furnish any alcoholic beverage to any person under 21 years of
age;"
"(h)
In any case where a reasonable or prudent person could reasonably be in doubt as
to whether or not the person to whom an alcoholic beverage is to be sold or
otherwise furnished is actually 21 years of age or older, it shall be the duty
of the person selling or otherwise furnishing such alcoholic beverage to request
to see and to be furnished with proper identification as provided for in
subsection (d) of this Code section in order to verify the age of such person;
and the failure to make such request and verification in any case where the
person to whom the alcoholic beverage is sold or otherwise furnished is less
than 21 years of age
may be
considered by the trier of fact in determining whether the person selling or
otherwise furnishing such alcoholic beverage did so
knowingly
shall
constitute a violation of paragraph (1) of subsection (a) of this Code
section."
SECTION
2.
This
Act shall become effective on July 1, 2005, and shall apply with respect to
offenses committed on or after that date. Prior offenses shall be governed by
prior law.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.