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92_SB0003eng SB3 Engrossed SRS92SB0092JJap 1 AN ACT to create the Drug or Alcohol Impaired Minor 2 Responsibility 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 or Alcohol Impaired Minor Responsibility Act. 7 Section 5. Responsibility of person who supplies 8 alcoholic liquor or illegal drugs to a person under 18 years 9 of age. 10 (a) Any person at least 18 years of age who willfully 11 supplies alcoholic liquor or illegal drugs to a person under 12 18 years of age and causes the impairment of such person 13 shall be liable for death or injuries to persons or property 14 caused by the impairment of such person. 15 (b) A person, or the surviving spouse and next of kin of 16 any person, who is injured, in person or property, by an 17 impaired person under the age of 18, and a person under age 18 18 who is injured in person or property by an impairment that 19 was caused by alcoholic liquor or illegal drugs that were 20 willfully supplied by a person over 18 years of age, has a 21 right of action in his or her own name, jointly and 22 severally, for damages (including reasonable attorney's fees 23 and expenses) against any person: 24 (i) who, by willfully selling, giving, or 25 delivering alcoholic liquor or illegal drugs, causes or 26 contributes to the impairment of the person under the age 27 of 18; or 28 (ii) who, by willfully permitting consumption of 29 alcoholic liquor or illegal drugs on non-residential 30 premises owned or controlled by the person over the age 31 of 18, causes or contributes to the impairment of the SB3 Engrossed -2- SRS92SB0092JJap 1 person under the age of 18. 2 (c) An action for damages under this Section is barred 3 unless commenced within 2 years after the right of action 4 arises. 5 Section 10. A person entitled to bring an action under 6 this Act may recover all of the following damages: 7 (1) economic damages, including, but not limited to, 8 the cost of treatment and rehabilitation, medical 9 expenses, loss of economic or educational potential, loss 10 of productivity, absenteeism, support expenses, accidents 11 or injury and any other pecuniary loss proximately caused 12 by the impairment of the person under the age of 18; 13 (2) non-economic damages, including, but not limited 14 to, physical and emotional pain, suffering, physical 15 impairment, emotional distress, mental anguish, 16 disfigurement, loss of enjoyment, loss of companionship, 17 services, and consortium, and other non-pecuniary losses 18 proximately caused by the impairment of the person under 19 the age of 18; 20 (3) reasonable attorneys' fees; 21 (4) costs of suit, including, but not limited to, 22 reasonable expenses for expert testimony; and 23 (5) punitive damages in an amount that is not less 24 than treble the amount of economic and non-economic 25 damages. 26 Section 15. If an action is brought under Section (5)(b) 27 of this Act against a person because of events that occur on 28 residential premises or because of his or her ownership or 29 control of residential premises and that person is found to 30 not be liable, the plaintiff shall be ordered to reimburse 31 the defendant for all attorney's fees and court costs that 32 the defendant incurred in defending the action. SB3 Engrossed -3- SRS92SB0092JJap 1 Section 20. Contributory negligence and contributory 2 willful and wanton conduct. Neither contributory negligence 3 nor contributory willful and wanton conduct shall apply to 4 any injured party claiming damages under this Act. 5 Section 25. Applicability. A person may not bring an 6 action under this Act against a licensee or an officer, 7 associate, member, representative, agent, or employee of a 8 licensee under the Liquor Control Act of 1934 who supplies 9 alcoholic liquor to a person under 21 years of age for that 10 act if the licensee or officer, associate, member, 11 representative, agent, or employee of the licensee complied 12 with all applicable provisions of the Liquor Control Act of 13 1934. 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.