Virginia HB 1142: Alcoholic beverage control; possession, etc., of alcoholic beverages at school-sponsored activities.

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2020 SESSION

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20101886D 

HOUSE BILL NO. 1142 

House Amendments in [ ] � January 28, 2020 

A BILL to amend and reenact � 4.1-309 [ and 16.1-278.9 
] of the Code of Virginia, relating to alcoholic beverage control; possession 
and sale of alcoholic beverages at [ school sporting events; penalty school-sponsored 
activities ] . 

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Patron Prior to Engrossment--Delegate Tran 

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Referred to Committee on General Laws 

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Be it enacted by the General Assembly of Virginia:

1. That � 4.1-309 [ and 
16.1-278.9 ] of the Code of 
Virginia is amended and reenacted as follows:

� 4.1-309. Drinking or possessing alcoholic beverages in or on 
public school grounds; penalty.

A. No person shall possess or drink any alcoholic beverage in 
or upon the grounds of any public elementary or secondary school during school 
hours or school or student activities.

B. In addition, no No person shall drink and no 
organization shall serve any alcoholic beverage in or upon the grounds of any 
public elementary or secondary school after school hours or school or student 
activities, except for religious congregations using wine for sacramental 
purposes only.

C. No person shall [ possess or ] drink any 
alcoholic beverage [ at a facility hosting while attending 
] a public elementary or secondary [ school sporting event, nor 
shall such facility serve any alcoholic beverage in or upon the grounds during 
such sporting event school-sponsored activity hosted at a non-school 
facility ] . 

D. Any person convicted of a violation of this section 
shall be is guilty of a Class 2 misdemeanor.

D. E. This section shall not prohibit any person 
from possessing or drinking alcoholic beverages or any organization from 
serving alcoholic beverages in areas approved by the Board at a performing arts 
center owned by the City of Alexandria or the City of Portsmouth, provided the 
organization operating the performing arts center or its lessee has a license 
granted by the Board.

�[ � 16.1-278.9. 
Delinquent children; loss of driving privileges for alcohol, firearm, and drug 
offenses; truancy.

A. If a court has found facts which would justify a finding 
that a child at least 13 years of age at the time of the offense is delinquent 
and such finding involves (i) a violation of � 18.2-266 or of a similar 
ordinance of any county, city or town, (ii) a refusal to take a breath test in 
violation of � 18.2-268.2, (iii) a felony violation of � 18.2-248, 18.2-248.1 
or 18.2-250, (iv) a misdemeanor violation of � 18.2-248, 18.2-248.1, or 
18.2-250 or a violation of � 18.2-250.1, (v) the unlawful purchase, possession 
or consumption of alcohol in violation of � 4.1-305 or (a) the unlawful 
drinking or possession of alcoholic beverages in or on public school grounds 
or (b) the unlawful drinking of alcoholic beverages at a facility hosting a 
public elementary or secondary school sporting event in violation