Illinois General Assembly - Full Text of HB0097
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Full Text of HB0097  93rd General Assembly

HB0097 93rd General Assembly


093_HB0097

 
                                     LRB093 02654 LRD 02664 b

 1        AN ACT in relation to alcoholic liquor.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 6-21 as follows:

 6        (235 ILCS 5/6-21) (from Ch. 43, par. 135)
 7        Sec. 6-21.  (a) Every person who is injured  within  this
 8    State, in person or property, by any intoxicated person has a
 9    right of action in his or her own name, severally or jointly,
10    against  any person, licensed under the laws of this State or
11    of any other state to sell alcoholic liquor, who, by  selling
12    or giving alcoholic liquor, within or without the territorial
13    limits of this State, causes the intoxication of such person.
14    Any  person  at least 21 years of age who pays for a hotel or
15    motel room or facility knowing that the room or  facility  is
16    to  be  used  by  any  person  under  21 years of age for the
17    unlawful  consumption   of   alcoholic   liquors   and   such
18    consumption  causes  the  intoxication of the person under 21
19    years of age, shall be liable to any person who is injured in
20    person or property by the intoxicated person under  21  years
21    of age. Any person owning, renting, leasing or permitting the
22    occupation  of  any  building or premises with knowledge that
23    alcoholic liquors are to  be  sold  therein,  or  who  having
24    leased  the  same  for other purposes, shall knowingly permit
25    therein the sale of any alcoholic liquors  that  have  caused
26    the intoxication of any person, shall be liable, severally or
27    jointly,  with  the  person  selling  or  giving the liquors.
28    However, if such building or premises belong to  a  minor  or
29    other  person  under guardianship the guardian of such person
30    shall be held liable instead of the ward. A married woman has
31    the same right to bring the action and to control it and  the
 
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 1    amount recovered as an unmarried woman. All damages recovered
 2    by  a minor under this Act shall be paid either to the minor,
 3    or to his or her parent, guardian or next friend as the court
 4    shall direct. The unlawful sale or gift of  alcoholic  liquor
 5    works  a  forfeiture  of  all  rights of the lessee or tenant
 6    under any lease or contract of rent upon the  premises  where
 7    the  unlawful  sale  or  gift  takes  place.  All actions for
 8    damages under this Act may be by any  appropriate  action  in
 9    the circuit court. An action shall lie for injuries to either
10    means  of support or loss of society, but not both, caused by
11    an intoxicated person or in consequence of  the  intoxication
12    of  any  person  resulting  as  hereinabove set out. "Loss of
13    society" means the mutual benefits that  each  family  member
14    receives  from  the  other's  continued  existence, including
15    love, affection,  care,  attention,  companionship,  comfort,
16    guidance,   and   protection.    "Family"   includes  spouse,
17    children, parents, brothers, and sisters.  The action, if the
18    person from whom support or society was furnished is  living,
19    shall be brought by any person injured in means of support or
20    society  in  his  or  her name for his or her benefit and the
21    benefit of all other persons injured in means of  support  or
22    society.  However, any person claiming to be injured in means
23    of support or society and not included in any action  brought
24    hereunder  may  join  by  motion made within the times herein
25    provided  for  bringing   such   action   or   the   personal
26    representative  of the deceased person from whom such support
27    or society was furnished may so join. In  every  such  action
28    the  jury  shall  determine  the  amount  of  damages  to  be
29    recovered  without regard to and with no special instructions
30    as to the dollar limits on recovery imposed by this  Section.
31    The  amount  recovered  in  every  such  action  is  for  the
32    exclusive benefit of the person injured in loss of support or
33    society  and  shall  be  distributed  to  such persons in the
34    proportions determined by the verdict  rendered  or  judgment
 
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 1    entered  in  the action. If the right of action is settled by
 2    agreement with the  personal  representative  of  a  deceased
 3    person  from whom support or society was furnished, the court
 4    having jurisdiction of the  estate  of  the  deceased  person
 5    shall  distribute  the amount of the settlement to the person
 6    injured in loss of support or society in the  proportion,  as
 7    determined by the court, that the percentage of dependency of
 8    each such person upon the deceased person bears to the sum of
 9    the  percentages  of  dependency of all such persons upon the
10    deceased person. For all causes of action  involving  persons
11    injured,   killed,   or   incurring  property  damage  before
12    September 12,  1985,  in  no  event  shall  the  judgment  or
13    recovery  under  this  Act for injury to the person or to the
14    property of any person as hereinabove set out exceed $15,000,
15    and recovery under this Act for  loss  of  means  of  support
16    resulting  from  the  death  or  injury  of  any  person,  as
17    hereinabove set out, shall not exceed $20,000. For all causes
18    of  action  involving  persons  injured, killed, or incurring
19    property damage after September 12, 1985 but before  July  1,
20    1998,  in  no event shall the judgment or recovery for injury
21    to the person or property of any person  exceed  $30,000  for
22    each  person  incurring  damages, and recovery under this Act
23    for loss of means of support  resulting  from  the  death  or
24    injury of any person shall not exceed $40,000. For all causes
25    of  action  involving  persons  injured, killed, or incurring
26    property damage on or after July 1, 1998, in no  event  shall
27    the judgment or recovery for injury to the person or property
28    of  any  person  exceed  $45,000  for  each  person incurring
29    damages, and recovery under this Act for either loss of means
30    of support or loss of society resulting  from  the  death  or
31    injury  of  any person shall not exceed $55,000. Beginning in
32    1999,  every  January  20,  these  liability   limits   shall
33    automatically  be increased or decreased, as applicable, by a
34    percentage equal to the percentage  change  in  the  consumer
 
                            -4-      LRB093 02654 LRD 02664 b
 1    price  index-u  during  the preceding 12-month calendar year.
 2    "Consumer price index-u" means the  index  published  by  the
 3    Bureau of Labor Statistics of the United States Department of
 4    Labor that measures the average change in prices of goods and
 5    services purchased by all urban consumers, United States city
 6    average,  all items, 1982-84 = 100.  The new amount resulting
 7    from each  annual  adjustment  shall  be  determined  by  the
 8    Comptroller  and  made  available  to the chief judge of each
 9    judicial circuit. The liability limits at the time  at  which
10    damages  subject to such limits are awarded by final judgment
11    or settlement shall be utilized by  the  courts.  Nothing  in
12    this  Section  bars  any  person  from making separate claims
13    which, in the aggregate, exceed  any  one  limit  where  such
14    person  incurs  more  than  one  type  of compensable damage,
15    including personal injury, property damage, and loss to means
16    of support or society.  However, all persons claiming loss to
17    means of support or society shall be limited to an  aggregate
18    recovery not to exceed the single limitation set forth herein
19    for  the  death or injury of each person from whom support or
20    society is claimed.
21        Nothing in this Act shall be construed to confer a  cause
22    of  action  for  injuries  to  the  person or property of the
23    intoxicated person himself, nor shall anything in this Act be
24    construed to confer a cause of action for loss  of  means  of
25    support  or  society  on the intoxicated person himself or on
26    any person claiming  to  be  supported  by  such  intoxicated
27    person or claiming the society of such person. In conformance
28    with  the  rule  of  statutory construction enunciated in the
29    general Illinois saving provision in Section 4 of "An Act  to
30    revise  the  law  in  relation  to  the  construction  of the
31    statutes", approved March 5, 1874, as amended,  no  amendment
32    of this Section purporting to abolish or having the effect of
33    abolishing a cause of action shall be applied to invalidate a
34    cause   of   action   accruing  before  its  effective  date,
 
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 1    irrespective of whether the amendment was  passed  before  or
 2    after the effective date of this amendatory Act of 1986.
 3        Each  action  hereunder  shall be barred unless commenced
 4    within one year next after the cause of action accrued.
 5        However, a licensed  distributor  or  brewer  whose  only
 6    connection  with  the furnishing of alcoholic liquor which is
 7    alleged to have caused intoxication  was  the  furnishing  or
 8    maintaining of any apparatus for the dispensing or cooling of
 9    beer  is  not liable under this Section, and if such licensee
10    is named as a defendant, a proper motion to dismiss shall  be
11    granted.
12        (b)  Any  person licensed under any state or local law to
13    sell alcoholic liquor, whether or not a citizen  or  resident
14    of  this  State, who in person or through an agent causes the
15    intoxication, by the sale or gift of alcoholic liquor, of any
16    person who, while intoxicated, causes injury to any person or
17    property in  the  State  of  Illinois  thereby  submits  such
18    licensed  person,  and, if an individual, his or her personal
19    representative, to the jurisdiction of  the  courts  of  this
20    State  for  a  cause  of  action arising under subsection (a)
21    above.
22        Service of process upon any person who is subject to  the
23    jurisdiction of the courts of this State, as provided in this
24    subsection,  may  be  made  by personally serving the summons
25    upon the defendant outside this State,  as  provided  in  the
26    Code  of  Civil  Procedure, as now or hereafter amended, with
27    the  same  force  and  effect  as  though  summons  had  been
28    personally served within this State.
29        Only causes of action arising under subsection (a)  above
30    may  be  asserted  against  a defendant in an action in which
31    jurisdiction over him or her is based upon this subsection.
32        Nothing herein contained limits or affects the  right  to
33    serve  any  process  in  any  other  manner  now or hereafter
34    provided by law.
 
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 1        (c)  A retailers on premise consumption licensee  is  not
 2    liable   for   damages   under  this  Section  caused  by  an
 3    intoxicated person if:
 4             (1)  The licensee provides free nonalcoholic  drinks
 5        to  all  designated  drivers  and  clearly displays signs
 6        within its premises that notify patrons that the licensee
 7        will  provide  free  nonalcoholic  drinks  to  designated
 8        drivers;
 9             (2)  The licensee offers to provide a taxi  ride  to
10        the  home  of  any patron who lives within 5 miles of the
11        licensee's premises;
12             (3)  The licensee offers a chemical breath  analysis
13        test  at  the front door of its premises so that a patron
14        can determine the content of alcohol in his or her blood;
15             (4)  The patron is at least 21 years of age; and
16             (5)  The licensee requires all of its bartenders  to
17        complete  a  training program that teaches them to detect
18        when a patron is intoxicated.
19    (Source: P.A. 90-111, eff. 7-14-97.)