| 4 | | - | AN ACT concerning civil law. |
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| 5 | | - | Be it enacted by the People of the State of Illinois, |
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| 6 | | - | represented in the General Assembly: |
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| 7 | | - | Section 5. The Drug or Alcohol Impaired Minor |
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| 8 | | - | Responsibility Act is amended by changing Section 5 as |
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| 9 | | - | follows: |
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| 10 | | - | (740 ILCS 58/5) |
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| 11 | | - | Sec. 5. Responsibility of person who supplies alcoholic |
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| 12 | | - | liquor or illegal drugs to a person under 18 years of age. |
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| 13 | | - | (a) Any person at least 18 years of age who willfully |
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| 14 | | - | supplies alcoholic liquor or illegal drugs to a person under |
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| 15 | | - | 18 years of age and causes the impairment of such person shall |
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| 16 | | - | be liable for death or injuries to persons or property caused |
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| 17 | | - | by the impairment of such person. |
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| 18 | | - | (b) A person, or the surviving spouse and next of kin of |
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| 19 | | - | any person, who is injured, in person or property, by an |
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| 20 | | - | impaired person under the age of 18, and a person under age 18 |
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| 21 | | - | who is injured in person or property by an impairment that was |
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| 22 | | - | caused by alcoholic liquor or illegal drugs that were |
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| 23 | | - | willfully supplied by a person over 18 years of age, has a |
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| 24 | | - | right of action in his or her own name, jointly and severally, |
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| 25 | | - | for damages (including reasonable attorney's fees and |
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| 26 | | - | expenses) against any person: |
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| 3 | + | 1 AN ACT concerning civil law. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Drug or Alcohol Impaired Minor |
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| 7 | + | 5 Responsibility Act is amended by changing Section 5 as |
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| 8 | + | 6 follows: |
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| 9 | + | 7 (740 ILCS 58/5) |
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| 10 | + | 8 Sec. 5. Responsibility of person who supplies alcoholic |
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| 11 | + | 9 liquor or illegal drugs to a person under 18 years of age. |
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| 12 | + | 10 (a) Any person at least 18 years of age who willfully |
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| 13 | + | 11 supplies alcoholic liquor or illegal drugs to a person under |
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| 14 | + | 12 18 years of age and causes the impairment of such person shall |
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| 15 | + | 13 be liable for death or injuries to persons or property caused |
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| 16 | + | 14 by the impairment of such person. |
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| 17 | + | 15 (b) A person, or the surviving spouse and next of kin of |
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| 18 | + | 16 any person, who is injured, in person or property, by an |
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| 19 | + | 17 impaired person under the age of 18, and a person under age 18 |
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| 20 | + | 18 who is injured in person or property by an impairment that was |
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| 21 | + | 19 caused by alcoholic liquor or illegal drugs that were |
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| 22 | + | 20 willfully supplied by a person over 18 years of age, has a |
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| 23 | + | 21 right of action in his or her own name, jointly and severally, |
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| 24 | + | 22 for damages (including reasonable attorney's fees and |
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| 25 | + | 23 expenses) against any person: |
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| 33 | | - | (i) who, by willfully selling, giving, or delivering |
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| 34 | | - | alcoholic liquor or illegal drugs, causes or contributes |
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| 35 | | - | to the impairment of the person under the age of 18; or |
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| 36 | | - | (ii) who, by willfully permitting consumption of |
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| 37 | | - | alcoholic liquor or illegal drugs on non-residential |
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| 38 | | - | premises owned or controlled by the person over the age of |
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| 39 | | - | 18, causes or contributes to the impairment of the person |
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| 40 | | - | under the age of 18. |
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| 41 | | - | (c) An action for damages under this Section is barred |
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| 42 | | - | unless commenced within 2 years after the right of action |
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| 43 | | - | arises. |
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| 44 | | - | (Source: P.A. 93-588, eff. 1-1-04.) |
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| 32 | + | HB1155 Enrolled- 2 -LRB103 00101 LNS 45102 b HB1155 Enrolled - 2 - LRB103 00101 LNS 45102 b |
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| 33 | + | HB1155 Enrolled - 2 - LRB103 00101 LNS 45102 b |
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| 34 | + | 1 (i) who, by willfully selling, giving, or delivering |
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| 35 | + | 2 alcoholic liquor or illegal drugs, causes or contributes |
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| 36 | + | 3 to the impairment of the person under the age of 18; or |
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| 37 | + | 4 (ii) who, by willfully permitting consumption of |
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| 38 | + | 5 alcoholic liquor or illegal drugs on non-residential |
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| 39 | + | 6 premises owned or controlled by the person over the age of |
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| 40 | + | 7 18, causes or contributes to the impairment of the person |
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| 41 | + | 8 under the age of 18. |
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| 42 | + | 9 (c) An action for damages under this Section is barred |
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| 43 | + | 10 unless commenced within 2 years after the right of action |
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| 44 | + | 11 arises. |
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| 45 | + | 12 (Source: P.A. 93-588, eff. 1-1-04.) |
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| 46 | + | |
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| 47 | + | |
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| 48 | + | |
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| 49 | + | |
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| 50 | + | |
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| 51 | + | HB1155 Enrolled - 2 - LRB103 00101 LNS 45102 b |
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