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92_SB0003
SRS92SB0092JJap
1 AN ACT to create the Drug Impaired Minor Responsibility
2 Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Drug Impaired Minor Responsibility Act.
7 Section 5. Responsibility of person who supplies illegal
8 drugs to a person under 18 years of age. Any person at least
9 18 years of age who willfully supplies illegal drugs to a
10 person under 18 years of age and causes the impairment of
11 such person shall be liable for death or injuries to persons
12 or property caused by the impairment of such person.
13 A person, or the survivor of any person, who is injured,
14 in person or property, by an impaired person under the age of
15 18 has a right of action in his or her own name, jointly and
16 severally, for damages (including reasonable attorney's fees
17 and expenses) against any person:
18 (i) who, by selling, giving or delivering illegal
19 drugs causes or contributes to the impairment of the
20 person under the age of 18; or
21 (ii) who, by permitting consumption of illegal
22 drugs causes, or contributes to, the impairment of the
23 person under the age of 18.
24 An action for damages under this Section is barred unless
25 commenced within 2 years after the right of action arises.
26 Section 10. A person entitled to bring an action under
27 this Act may recover all of the following damages:
28 (1) economic damages, including, but not limited to,
29 the cost of treatment and rehabilitation, medical
30 expenses, loss of economic or educational potential, loss
-2- SRS92SB0092JJap
1 of productivity, absenteeism, support expenses, accidents
2 or injury and any other pecuniary loss proximately caused
3 by the impairment of the person under the age of 18;
4 (2) non-economic damages, including, but not limited
5 to, physical and emotional pain, suffering, physical
6 impairment, emotional distress, mental anguish,
7 disfigurement, loss of enjoyment, loss of companionship,
8 services, and consortium, and other non-pecuniary losses
9 proximately caused by the impairment of the person under
10 the age 18;
11 (3) exemplary damages;
12 (4) reasonable attorneys' fees;
13 (5) costs of suit, including, but not limited to,
14 reasonable expenses for expert testimony; and
15 (6) punitive damages in an amount that is not less
16 than treble the amount of economic and non-economic
17 damages.
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.