Full Text of HB0494 100th General Assembly
HB0494ham003 100TH GENERAL ASSEMBLY | Rep. Barbara Wheeler Filed: 3/8/2017
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| 1 | | AMENDMENT TO HOUSE BILL 494
| 2 | | AMENDMENT NO. ______. Amend House Bill 494 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Liquor Control Act of 1934 is amended by | 5 | | changing 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 | 8 | | alcoholic liquor; restrictions.
| 9 | | (a) Any person to whom the sale, gift or delivery of any | 10 | | alcoholic
liquor is prohibited because of age shall not | 11 | | purchase, or accept a gift of
such alcoholic liquor or have | 12 | | such alcoholic liquor in his possession.
| 13 | | (b) If a licensee or his or her agents or employees | 14 | | believes or has reason to
believe that a sale or delivery of | 15 | | any alcoholic liquor is prohibited
because of the non-age of | 16 | | the prospective recipient, he or she shall,
before
making such |
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| 1 | | sale or delivery demand presentation of some form of
positive | 2 | | identification, containing proof of age, issued by a public
| 3 | | officer in the performance of his or her official duties.
| 4 | | (c) No person shall transfer, alter, or deface such an | 5 | | identification
card; use the identification card of another; | 6 | | carry or use a false or
forged identification card; or obtain | 7 | | an identification card by means of
false information. | 8 | | (d) No person shall purchase, accept delivery or have
| 9 | | possession of alcoholic liquor in violation of this Section. | 10 | | (e) The
consumption of alcoholic liquor by any person under | 11 | | 21 years of age is
forbidden. | 12 | | (f) Whoever violates any provisions of this Section shall | 13 | | be
guilty of a Class A misdemeanor.
| 14 | | (g) The possession and dispensing, or consumption by a | 15 | | person under 21 years
of age of alcoholic liquor in the | 16 | | performance of a religious
service or ceremony, or the | 17 | | consumption by a person under 21 years of
age under the direct | 18 | | supervision and approval of the parents
or parent or those | 19 | | persons standing in loco parentis of such person
under 21 years | 20 | | of age in the privacy of a home, is not
prohibited by this Act.
| 21 | | (h) The provisions of this Act prohibiting the possession | 22 | | of alcoholic liquor by a person under 21 years
of age and | 23 | | dispensing of alcoholic liquor to a person under 21 years
of | 24 | | age do not apply in the case of a student under 21 years
of age, | 25 | | but 18 years of age or older, who: | 26 | | (1) tastes, but does not imbibe, alcoholic liquor only |
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| 1 | | during times of a regularly scheduled course while under | 2 | | the direct
supervision of an instructor who is at least 21 | 3 | | years of age and
employed by an educational institution | 4 | | described in subdivision (2); | 5 | | (2) is enrolled as a student in a college, university, | 6 | | or post-secondary educational institution that is | 7 | | accredited or certified by an agency recognized by the | 8 | | United States Department of Education or a nationally | 9 | | recognized accrediting agency or association, or that has a | 10 | | permit of approval issued by the Board of Higher Education | 11 | | pursuant to the
Private Business and Vocational Schools Act | 12 | | of 2012; | 13 | | (3) is participating in a culinary arts, fermentation | 14 | | science, food service, or restaurant management
degree | 15 | | program of which a portion of the program includes | 16 | | instruction on responsible alcoholic beverage serving | 17 | | methods modeled after the Beverage Alcohol Sellers and | 18 | | Server Education and Training (BASSET) curriculum; and | 19 | | (4) tastes, but does not imbibe, alcoholic liquor for | 20 | | instructional
purposes up to, but not exceeding, 6 times | 21 | | per class as a part of a required course in which the | 22 | | student temporarily possesses alcoholic liquor for | 23 | | tasting, not imbibing, purposes only in a class setting on | 24 | | the campus and, thereafter, the alcoholic liquor is | 25 | | possessed and remains under the control of the instructor. | 26 | | (h-5) The provisions of this Act prohibiting the possession |
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| 1 | | and consumption of beer or wine by a person under 21 years of | 2 | | age and dispensing of beer or wine to a person under 21 years | 3 | | of age, including Section 6-16 of this Act, do not apply if the | 4 | | person under 21 years of age (1) is 18 years of age or older, | 5 | | (2) is on premises where a restaurant is operated and the sale | 6 | | of alcoholic liquor is not the principal business carried out | 7 | | on those premises, and (3) is under the direct supervision of | 8 | | and has the approval of his or her parent or parents, | 9 | | grandparent or grandparents, step-parent or step-parents, or | 10 | | legal guardian. | 11 | | This subsection does not prohibit a restaurant from | 12 | | refusing to dispense beer or wine to a person under 21 years of | 13 | | age or from prohibiting the possession and consumption of beer | 14 | | or wine by a person under 21 years of age on the premises. | 15 | | (i) A law enforcement officer may not charge or otherwise | 16 | | take a person into custody based solely on the commission of an | 17 | | offense that involves alcohol and violates subsection (d) or | 18 | | (e) of this Section if the law enforcement officer, after | 19 | | making a reasonable determination and considering the facts and | 20 | | surrounding circumstances, reasonably believes that all of the | 21 | | following apply: | 22 | | (1) The law enforcement officer has contact with the | 23 | | person because that person either: | 24 | | (A) requested emergency medical assistance for an | 25 | | individual who reasonably appeared to be in need of | 26 | | medical assistance due to alcohol consumption; or |
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| 1 | | (B) acted in concert with another person who | 2 | | requested emergency medical assistance for an | 3 | | individual who reasonably appeared to be in need of | 4 | | medical assistance due to alcohol consumption; | 5 | | however, the provisions of this subparagraph (B) shall | 6 | | not apply to more than 3 persons acting in concert for | 7 | | any one occurrence. | 8 | | (2) The person described in subparagraph (A) or (B) of | 9 | | paragraph (1) of this subsection (i): | 10 | | (A) provided his or her full name and any other | 11 | | relevant information requested by the law enforcement | 12 | | officer; | 13 | | (B) remained at the scene with the individual who | 14 | | reasonably appeared to be in need of medical assistance | 15 | | due to alcohol consumption until emergency medical | 16 | | assistance personnel arrived; and | 17 | | (C) cooperated with emergency medical assistance | 18 | | personnel and law enforcement officers at the scene. | 19 | | (j) A person who meets the criteria of paragraphs (1) and | 20 | | (2) of subsection (i) of this Section shall be immune from | 21 | | criminal liability for an offense under subsection (d) or (e) | 22 | | of this Section. | 23 | | (k) A person may not initiate an action against a law | 24 | | enforcement officer based on the officer's compliance or | 25 | | failure to comply with subsection (i) of this Section, except | 26 | | for willful or wanton misconduct. |
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| 1 | | (Source: P.A. 99-447, eff. 6-1-16; 99-795, eff. 8-12-16.)".
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