HB3784 96TH GENERAL ASSEMBLY

LRB096 10097 RLC 20263 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3784

Introduced 2/25/2009, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-21.8 new

Amends the Criminal Code of 1961. Provides that it is a petty offense for a person to host, permit, allow, or fail to take reasonable steps to prevent an event or gathering at any residence, premises, or on any other private or public property or in any conveyance where illicit drugs or alcoholic liquor are present when the person: (1) knows or reasonably should know that a person under 21 years of age will or does consume or possess any illicit drugs or alcoholic liquor; and (2) fails to take reasonable steps to prevent possession or consumption by the person under 21 years of age.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 1961 is amended by adding Section 12-21.8 as follows:

(720 ILCS 5/12-21.8 new)

Sec. 12-21.8. Social hosting of gatherings; illicit drugs and alcoholic liquor.

(a) In this Section:

"Alcoholic liquor" has the meaning ascribed to it in Section 1-3.05 of the Liquor Control Act of 1934.

"Conveyance" means any vehicle, trailer, watercraft or container operated for the transportation of persons or property.

"Event or gathering" means any group of 3 or more persons who have assembled or gathered together for a social occasion or other activity.

"Host" means to aid, conduct, allow, entertain, organize, supervise, control, or permit a gathering or event.

"Illicit drug" means any drug, substance, or compound prohibited by law, including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed.

"Parent" means any person having legal custody of a minor as a: (i) natural, adoptive parent, or step-parent; (ii) legal guardian; or (iii) person to whom legal custody has been given by order of the court.

"Person" means any individual, partnership, co-partnership, corporation, or any association of one or more individuals.

"Residence or premises" means any home, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used with or without permission or compensation.

"Underage person" means any individual under 21 years of age.

"Religious ceremony" means the possession, consumption and dispensation of alcoholic liquor for the purpose of conducting any bona fide rite or religious ceremony.

"Response costs" means the costs associated with responses by law enforcement, fire, and other emergency response providers to an event or gathering, including but not limited to:

(1) salaries and benefits of law enforcement, code enforcement, fire, or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with an event or gathering, and the administrative costs attributable to such response;

(2) the cost of any medical treatment for any law enforcement, code enforcement, fire, or other emergency response personnel injured responding to, remaining at, or leaving the scene of an event or gathering;

(3) the cost of repairing any municipal equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an event or gathering.

"Reasonable steps" means controlling access to alcoholic liquor at the event or gathering, controlling the quantity of alcoholic liquor present at the event or gathering, verifying the age of persons attending the event or gathering by inspecting driver's licenses or other government-issued identification cards to ensure that minors do not consume alcoholic liquor while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under 21 are in possession of alcoholic liquor at the event or gathering or advising law enforcement in advance of departing one's residence that the owner will be away and no underage person is authorized to be present and consume alcoholic liquor at the owner's residence.

"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common area of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses, or parking lots.

(b) It is unlawful for any person to host, permit, allow, or fail to take reasonable steps to prevent an event or gathering at any residence, premises, or on any other private or public property or in any conveyance where illicit drugs or alcoholic liquor are present when the person:

(1) knows or reasonably should know that an underage person will or does consume or possess any illicit drugs or alcoholic liquor; and

(2) fails to take reasonable steps to prevent possession or consumption by the underage person.

(c) A person is also responsible for violating subsection (b) of this Section if the person intentionally aids, advises, hires, counsels, conspires with, otherwise procures another to commit, or knows or should have known about the prohibited act.

(d) A person who hosts an event or gathering is not in violation of this Section if he or she:

(1) seeks assistance from the police department or other law enforcement agency to remove any person who refuses to abide by the host's performance of the duties imposed by this Section, as long as such request is made before any other person makes a complaint about the event or gathering; and

(2) terminates the event or gathering because the host has been unable to prevent underage persons from consuming illicit drugs or alcoholic liquors despite having taken all reasonable steps to do so.

(e) A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible under this Section.

(f) This Section does not apply to conduct involving the use of alcoholic liquor that occurs at a religious ceremony or exclusively between an underage person and his or her parent or legal guardian, as permitted under Sections 6-16 and 6-20 of the Liquor Control Act of 1934.

(g) Sentence. Any person who violates or assists in the violations of any provision of this Section is guilty of a petty offence and for a first violation shall be fined not less than $250 nor more than $750. Each day on which, or during which, a violation occurs shall constitute a separate offense. A second violation of this Section by the same responsible person within a 12 month period is a petty offense punishable by a fine of not less than $500 nor more than $750. A third or subsequent violation of this Section by the same responsible person within a 12 month period is a petty offense punishable by a fine of not less than $750.