SELLING ALCOHOL TO A MINOR: INCREASE PENALTY IF DEATH OCCURS

House Bill 4436

Sponsor: Rep. Rose Bogardus

Committee: Regulatory Reform

Complete to 4-6-01

A SUMMARY OF HOUSE BILL 4436 AS INTRODUCED 3-8-01

Under the Michigan Liquor Control Code, it is a felony to sell or furnish alcohol to a minor if the consumption of the alcohol is a direct and substantial cause of the minor's death or an accidental injury that causes the minor's death. The provision applies only to a person who is not licensed as a retailer by the Liquor Control Commission or who is not employed by a licensed retailer. "Licensed retailers" are persons licensed to sell alcoholic beverages for consumption on or off the licensed premises. The penalty for a violation is imprisonment for up to 10 years, or a fine of not more than $5,000, or both.

The bill would expand this provision to include the death of any person. Therefore, it would be a felony to furnish alcohol to a minor if the consumption of the alcohol by the minor was the direct and substantial cause of the death of any person.

MCL 436.1701

Analyst: S. Stutzky

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.