Bill 3369

                    Current Status

Bill Number:                       3369
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970205
Primary Sponsor:                   Easterday
All Sponsors:                      Easterday, Meacham, Barrett,
                                   Quinn, Seithel, Sandifer, Bailey,
                                   Woodrum, Beck, Mason, Haskins,
                                   R. Smith, Vaughn, Rice, Walker,
                                   Cotty, Stille, Whatley, Loftis,
                                   Littlejohn, Martin, Moody-Lawrence,
                                   Riser, H. Brown, Byrd, Kirsh,
                                   Young-Brickell, Whipper, Battle,
                                   Tripp and Bauer 
Drafted Document Number:           dka\4025cm.97
Residing Body:                     Senate
Current Committee:                 Judiciary Committee 11 SJ
Date of Last Amendment:            19970508
Subject:                           Alcoholic beverages, undercover
                                   law enforcement agent under
                                   twenty-one may be in possession
                                   of

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970513  Introduced, read first time,             11 SJ
                  referred to Committee
House   19970509  Read third time, sent to Senate
House   19970508  Amended, read second time,
                  unanimous consent for third reading
                  on Friday, 19970508
House   19970507  Committee report: Favorable with         25 HJ
                  amendment
House   19970205  Introduced, read first time,             25 HJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

AMENDED

May 8, 1997

H. 3369

Introduced by Reps. Easterday, Meacham, Barrett, Quinn, Seithel, Sandifer, Bailey, Woodrum, Beck, Mason, Haskins, R. Smith, Vaughn, Rice, Walker, Cotty, Stille, Whatley, Loftis, Littlejohn, Martin, Moody-Lawrence, Riser, H. Brown, Byrd, Kirsh, Young-Brickell, Whipper, Battle, Tripp and Bauer

S. Printed 5/8/97--H.

Read the first time February 5, 1997.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-105 SO AS TO PROVIDE THAT AN UNDERAGE PERSON WHO PURCHASES OR POSSESSES BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGE AS AN UNDERCOVER AGENT FOR A STATE OR LOCAL LAW ENFORCEMENT AGENCY MUST NOT BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGE.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-100. If a person is charged with a violation of Section 61-4-50 (the unlawful sale of beer or wine to minors), the minor must also be charged with a violation of Section 20-7-370 20-7-8920 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-4-60 (false information as to age) or if an adult violated Section 61-4-80 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons must also be charged with their violations.

Unless the provisions of this section are complied with, no person charged with a violation of Section 61-4-50 may be convicted of the offense.

Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.

Nothing in this section requires a minor to be charged with a violation of Section 20-7-8920 or Section 61-4-60 if the minor purchases the beer or wine as part of an investigation being conducted by state or local law enforcement and the minor is eighteen years of age or older."

SECTION 2. This act takes effect upon approval by the governor.