THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, ERICKSON, WASHINGTON, WAUGH, LOGAN, FARNESE AND YAW, MAY 7, 2009

REFERRED TO JUDICIARY, MAY 7, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in minors, providing for the offense

of selling or furnishing liquor or malt or brewed beverages

to minors resulting in injury or death.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 6310.8.  Selling or furnishing liquor or malt or brewed

beverages to minors resulting in injury or death.

(a)  Bodily injury.--A person commits a misdemeanor of the

second degree if that person sells or furnishes any liquor or

any malt or brewed beverage to a person who:

(1)  is under 21 years of age; and

(2)  suffers or causes another person to suffer bodily

injury as a result of ingesting that liquor or malt or brewed

beverage.

(b)  Serious bodily injury.--A person commits a misdemeanor

of the first degree if that person sells or furnishes any liquor

or any malt or brewed beverage to a person who:

(1)  is under 21 years of age; and

(2)  suffers or causes another person to suffer serious

bodily injury as a result of ingesting that liquor or malt or

brewed beverage.

(c)  Death.--A person commits a felony of the third degree if

that person sells or furnishes any liquor or any malt or brewed

beverage to a person who:

(1)  is under 21 years of age; and

(2)  dies or causes the death of another person as a

result of ingesting that liquor or malt or brewed beverage.

(d)  Exception.--The provisions of this section shall not

apply to any religious service or ceremony:

(1)  conducted in a private home or a place of worship;

and

(2)  in which the amount of wine served does not exceed

the amount reasonably, customarily and traditionally required

as an integral part of the service or ceremony.

(e)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Bodily injury."  As defined in section 2301 (relating to

definitions).

"Serious bodily injury."  As defined in section 2301

(relating to definitions).

Section 2.  This act shall take effect in 60 days.