PA 06-112—HB 5211

Judiciary Committee

General Law Committee

AN ACT CONCERNING UNDERAGE DRINKING

SUMMARY: This act makes it illegal for someone who possesses or controls private property, including a dwelling unit, to (1) knowingly permit a minor to illegally possess alcohol in the unit or on the property or (2) fail to make reasonable efforts to stop a minor from possessing alcohol in the unit or on the property when he knows the minor possesses alcohol illegally. The act makes a first offense an infraction and subsequent offenses subject to up to one year in prison, a fine of up to $500, or both.

The act makes it illegal for a minor to possess alcohol anywhere, rather than only in public places. Under prior law, the penalty for illegal possession in public places was a fine of $200 to $500. The act makes this the penalty for second and subsequent offenses of illegal possession, regardless of location, and makes a first offense an infraction.

Under prior law, the provisions on illegal possession by minors did not apply to a minor who possessed alcohol while accompanied by a parent, guardian, or spouse over age 21. The act specifies that it must be the minor's parent, guardian, or spouse.

The act also specifies that the prohibitions on illegal possession and those against selling, shipping, delivering, or giving alcohol to minors cannot be construed to burden a person's exercise of religion as protected by the state constitution.

EFFECTIVE DATE: October 1, 2006

BACKGROUND

Other Exceptions to Illegal Possession by Minors

By law, the provisions on illegal possession by minors do not apply to a minor who (1) is over age 18 and possesses alcohol in the course of employment or (2) possesses alcohol on a physician's order.

OLR Tracking: CR: SS: JSL: DW