CHAPTER 143

FORMERLY

SENATE BILL NO. 44

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO UNDERAGE POSSESSION OR CONSUMPTION OF ALCOHOL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 904, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 904. Offenses concerning certain persons.

(f) Whoever, being under the age of 21 years, has alcoholic liquor in his or her possession at any time, or consumes or is found to have consumed alcoholic liquor shall have their driver’s license revoked for a period of 30 days for the 1st offense and not less than 90 days nor more than 180 days for each subsequent offense. If the underage person does not have a Delaware’s driver’s license, the person shall be fined $100 for the 1st offense and not less than $200 nor more than $500 for each subsequent offense. A first and second violation of this subsection is a civil offense. Information concerning this civil offense may not appear on an individual’s certified criminal record. This section shall not apply to the possession or consumption of alcoholic liquor in connection with any religious service or by members of the same family within the private home of any of said members.

Approved July 23, 2019