093_HB3528enr

HB3528 Enrolled                      LRB093 09653 LRD 09892 b

 1        AN ACT in relation to drug and alcohol impairment.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Drug or Alcohol Impaired Minor Responsibility Act.

 6        Section   5.  Responsibility   of   person  who  supplies
 7    alcoholic liquor or illegal drugs to a person under 18  years
 8    of age.
 9        (a)  Any  person  at  least 18 years of age who willfully
10    supplies alcoholic liquor or illegal drugs to a person  under
11    18  years  of  age  and  causes the impairment of such person
12    shall be liable for death or injuries to persons or  property
13    caused by the impairment of such person.
14        (b)  A person, or the surviving spouse and next of kin of
15    any  person,  who  is  injured,  in person or property, by an
16    impaired person under the age of 18, and a person  under  age
17    18 who is injured in person or property by an impairment that
18    was  caused  by  alcoholic  liquor or illegal drugs that were
19    willfully supplied by a person over 18 years of  age,  has  a
20    right  of  action  in  his  or  her  own  name,  jointly  and
21    severally,  for damages (including reasonable attorney's fees
22    and expenses) against any person:
23             (i)  who,   by   willfully   selling,   giving,   or
24        delivering alcoholic liquor or illegal drugs,  causes  or
25        contributes to the impairment of the person under the age
26        of 18; or
27             (ii)  who,  by  willfully  permitting consumption of
28        alcoholic liquor  or  illegal  drugs  on  non-residential
29        premises  owned  or controlled by the person over the age
30        of 18, causes or contributes to  the  impairment  of  the
31        person under the age of 18.
 
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 1        (c)  An  action  for damages under this Section is barred
 2    unless commenced within 2 years after  the  right  of  action
 3    arises.

 4        Section  10.  A  person entitled to bring an action under
 5    this Act may recover all of the following damages:
 6             (1) economic damages, including, but not limited to,
 7        the  cost  of  treatment  and   rehabilitation,   medical
 8        expenses, loss of economic or educational potential, loss
 9        of productivity, absenteeism, support expenses, accidents
10        or injury and any other pecuniary loss proximately caused
11        by the impairment of the person under the age of 18;
12             (2) non-economic damages, including, but not limited
13        to,  physical  and  emotional  pain,  suffering, physical
14        impairment,   emotional   distress,    mental    anguish,
15        disfigurement,  loss of enjoyment, loss of companionship,
16        services, and consortium, and other non-pecuniary  losses
17        proximately  caused by the impairment of the person under
18        the age of 18;
19             (3) reasonable attorneys' fees;
20             (4) costs of suit, including, but  not  limited  to,
21        reasonable expenses for expert testimony; and
22             (5) punitive damages.

23        Section  15.  Contributory  negligence  and  contributory
24    willful  and wanton conduct.  Neither contributory negligence
25    nor contributory willful and wanton conduct  shall  apply  to
26    any injured party claiming damages under this Act.

27        Section 20. Applicability.
28        (a)  A  person  may  not  bring  an action under this Act
29    against a licensee or employee of a licensee under the Liquor
30    Control Act of 1934 who supplies alcoholic liquor to a person
31    under 21 years of  age  for  that  act  if  the  licensee  or
 
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 1    employee   of  the  licensee  complied  with  all  applicable
 2    provisions of the Liquor Control Act of 1934.
 3        (b)  This Act applies  only  to  causes  of  action  that
 4    accrue on or after October 1, 2004.