State of Illinois
91st General Assembly
Legislation

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91_HB4723

 
                                              LRB9113915DJcdC

 1        AN ACT in relation to underage use of alcohol.

 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    Underage Alcohol Use Liability Act.

 6        Section 5. Definitions. In this Act:
 7        "Alcoholic liquor" has the  same  meaning  attributed  to
 8    that term in the Liquor Control Act of 1934.
 9        "Impaired"  means  unable to act with a reasonable degree
10    of skill and safety.
11        "Supply" means to sell, give, or deliver.
12        "Underage person" means a person less than  18  years  of
13    age.

14        Section  10.  Supplying  alcoholic  liquor to an underage
15    person; liability.
16        (a) A person at least  18  years  of  age  who  willfully
17    supplies   alcoholic  liquor  to  an  underage  person  whose
18    consumption of that alcoholic liquor causes the impairment of
19    that underage person is liable for the death of  or  injuries
20    to  any  other   person  caused  by  that  impairment  of the
21    underage person.
22        (b) A person who  is  injured  by  an  impaired  underage
23    person,  or  the  surviving spouse or next-of-kin of a person
24    whose death is caused by an impaired underage person,  has  a
25    right  of  action  in his or her own name for damages against
26    the following:
27             (1) Any person at least 18  years  of  age  who,  by
28        supplying alcoholic liquor to the underage person, causes
29        or contributes to the impairment of that person by reason
30        of  the  underage  person's consumption of that alcoholic
 
                            -2-               LRB9113915DJcdC
 1        liquor.
 2             (2) Any person at least 18  years  of  age  who,  by
 3        permitting  the  consumption  of  alcoholic liquor by the
 4        underage person, causes or contributes to the  impairment
 5        of  that  underage  person  by  reason  of  the  underage
 6        person's consumption of that alcoholic liquor.
 7        (c)  An  action  for damages under this Section is barred
 8    unless it is commenced within 2  years  after  the  right  of
 9    action accrues.

10        Section  15.  Application.   This Act does not apply to a
11    person who supplies alcoholic liquor pursuant  to  a  license
12    issued under the Liquor Control Act of 1934.

13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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