Rep. Bradley bill would strengthen social host law

(State House) – State Rep. Garrett Bradley re-filed a bill that would strengthen the social host law by adding a civil liability provision to the statute, providing for monetary damages arising out of personal injuries, deaths or property damages that occur at parties where underage drinking occurs.  The bill would not, however, allow a person to claim as a defense that the injuries or damage were simply caused by the actions of an underage drinker.

Rep. Bradley said, “I re-filed this bill because this behavior continues to happen, and we have an obligation to take action to discourage and prevent underage drinking and the often tragic consequences that arise from that behavior.  Although I agree that there are practical difficulties in enforcing a social host law and determining fault, the intent of my bill is to further define the responsibility of the property owner and the party host.”

The current law restricts the sale, delivery or furnishing of any alcoholic beverage to persons under 21 years of age.  The law applies to individuals who knowingly or intentionally supply, give, or provide to or allow a person under 21 years of age to possess alcoholic beverages on premises or property owned or controlled by the person who is charged under the statute.  The law allows for punishments of no more than $2,000 in fines and/or imprisonment for up to one year.

Last year the state Supreme Judicial Court, in a ruling in a case involving underage drinking, declined to broaden the scope of the social host statute to include underage hosts who do not supply alcohol to underage guests but provide a location to consume alcoholic beverages.  One justice suggested that the Legislature ought to strengthen the law by adding a civil liability provision.

The legislation, H.1212, is currently under review by the Joint Committee on The Judiciary.