HB1155 EngrossedLRB103 00101 LNS 45102 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Drug or Alcohol Impaired Minor 
5Responsibility Act is amended  by changing Section 5 as 
6follows:
 



7    (740 ILCS 58/5)



8    Sec. 5. 
Responsibility of person who supplies alcoholic 
9liquor or illegal
drugs to a
person under 18 years of age.

10    (a) Any person at least 18 years of age who
willfully 
11supplies alcoholic liquor or illegal drugs to a person under 
1218 years
of age and
causes the impairment of such person shall 
13be liable for death or injuries to
persons or property caused 
14by the impairment of such person.

15    (b) A person, or the surviving spouse and next of kin of 
16any person, who is
injured, in person or
property, by an 
17impaired person under the age of 18, and a person under age 18

18who is injured in person or property by an impairment that was 
19caused by
alcoholic liquor or illegal drugs that were 
20willfully supplied by a person over
18 years of age,
has
a 
21right of action in
his or her own name, jointly and severally, 
22for damages (including reasonable
attorney's fees and 
23expenses) against any person:


 
 
HB1155 Engrossed- 2 -LRB103 00101 LNS 45102 b

1        (i) who, by willfully selling, giving, or delivering 
2    alcoholic liquor or
illegal
drugs, causes or
contributes 
3    to the impairment of the person under the age of 18; or


4        (ii) who, by willfully permitting consumption of 
5    alcoholic liquor or
illegal drugs on non-residential 
6    premises owned or controlled by the person
over the age of 
7    18,
causes or
contributes to the impairment of the person 
8    under the age of 18.

9    (c) An action for damages under this Section is barred 
10unless commenced
within 2 years after the right of action 
11arises.

12(Source: P.A. 93-588, eff. 1-1-04.)