Illinois General Assembly - Full Text of HB2341
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Full Text of HB2341  98th General Assembly




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1    AN ACT concerning liquor.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-20 as follows:
6    (235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
7    Sec. 6-20. Transfer, possession, and consumption of
8alcoholic liquor; restrictions.
9    (a) Any person to whom the sale, gift or delivery of any
10alcoholic liquor is prohibited because of age shall not
11purchase, or accept a gift of such alcoholic liquor or have
12such alcoholic liquor in his possession.
13    (b) If a licensee or his or her agents or employees
14believes or has reason to believe that a sale or delivery of
15any alcoholic liquor is prohibited because of the non-age of
16the prospective recipient, he or she shall, before making such
17sale or delivery demand presentation of some form of positive
18identification, containing proof of age, issued by a public
19officer in the performance of his or her official duties.
20    (c) No person shall transfer, alter, or deface such an
21identification card; use the identification card of another;
22carry or use a false or forged identification card; or obtain
23an identification card by means of false information.



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1    (d) No person shall purchase, accept delivery or have
2possession of alcoholic liquor in violation of this Section.
3    (e) The consumption of alcoholic liquor by any person under
421 years of age is forbidden.
5    (f) Whoever violates any provisions of this Section shall
6be guilty of a Class A misdemeanor.
7    (g) The possession and dispensing, or consumption by a
8person under 21 years of age of alcoholic liquor in the
9performance of a religious service or ceremony, or the
10consumption by a person under 21 years of age under the direct
11supervision and approval of the parents or parent or those
12persons standing in loco parentis of such person under 21 years
13of age in the privacy of a home, is not prohibited by this Act.
14    (h) The provisions of this Act prohibiting the possession
15of alcoholic liquor by a person under 21 years of age and
16dispensing of alcoholic liquor to a person under 21 years of
17age do not apply in the case of a student under 21 years of age,
18but 18 years of age or older, who:
19        (1) tastes, but does not imbibe, alcoholic liquor only
20    during times of a regularly scheduled course while under
21    the direct supervision of an instructor who is at least 21
22    years of age and employed by an educational institution
23    described in subdivision (2);
24        (2) is enrolled as a student in a college, university,
25    or post-secondary educational institution that is
26    accredited or certified by an agency recognized by the



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1    United States Department of Education or a nationally
2    recognized accrediting agency or association, or that has a
3    permit of approval issued by the Board of Higher Education
4    pursuant to the Private Business and Vocational Schools Act
5    of 2012;
6        (3) is participating in a culinary arts, food service,
7    or restaurant management degree program of which a portion
8    of the program includes instruction on responsible
9    alcoholic beverage serving methods modeled after the
10    Beverage Alcohol Sellers and Server Education and Training
11    (BASSET) curriculum; and
12        (4) tastes, but does not imbibe, alcoholic liquor for
13    instructional purposes up to, but not exceeding, 6 times
14    per class as a part of a required course in which the
15    student temporarily possesses alcoholic liquor for
16    tasting, not imbibing, purposes only in a class setting on
17    the campus and, thereafter, the alcoholic liquor is
18    possessed and remains under the control of the instructor.
19    (i) A person who, in good faith, seeks or obtains emergency
20medical assistance for someone experiencing alcohol poisoning
21shall not be charged or prosecuted for violation of this Act if
22(1) the evidence for the charge was acquired as a result of the
23person seeking or obtaining emergency medical assistance and
24(2) the individual remains at the scene of the event or medical
25facility until a law enforcement officer, medical provider, or
26emergency responder arrives. This immunity is not available to



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1(1) a parent seeking or obtaining emergency medical assistance
2for a minor experiencing alcohol poisoning after the parent
3served the minor alcohol in violation of this Act, (2) members
4of organizations, such as fraternities and sororities, other
5than the individual who calls for emergency medical assistance
6and is otherwise provided immunity by this subsection (i), or
7(3) individuals engaged in hazing. A person under 21 years of
8age who is experiencing alcohol poisoning and is in need of
9medical assistance shall not be charged or prosecuted for
10violation of this Act if evidence for the charge was acquired
11as a result of the person seeking or obtaining emergency
12medical assistance.
13    The limited immunity described in this subsection (i) shall
14not be extended if law enforcement officers have reasonable
15suspicion or probable cause to detain, arrest, or search the
16person for criminal activity and the reasonable suspicion or
17probable cause is based on information obtained prior to or
18independent of the individual taking action to seek or obtain
19emergency medical assistance, and not obtained as a direct
20result of the action of seeking or obtaining emergency medical
21assistance. Nothing in this subsection (i) is intended to
22interfere with or prevent the investigation, arrest, or
23prosecution of any person involved in criminal activity, or who
24fails to meet the requisite requirements for immunity. The
25protection in this subsection (i) shall not be grounds for
26suppression of evidence in other charges.



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1    A person may not initiate or maintain an action against a
2law enforcement officer based on the officer's compliance or
3failure to comply with this Section.
4(Source: P.A. 97-1058, eff. 8-24-12.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.