State of Illinois
92nd General Assembly
Legislation

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92_HB1990

 
                                               LRB9203483DJgc

 1        AN ACT in relation to underage use of alcohol.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Underage Alcoholic Liquor Use Liability Act.

 6        Section 5. Definitions. In this Act:
 7        "Alcoholic liquor" has the  same  meaning  attributed  to
 8    that term in the Liquor Control Act of 1934.
 9        "Impaired"  means  the inability to act with a reasonable
10    degree of skill and safety.
11        "Supply" means to sell, give, or deliver.
12        "Underage person" means a person less than  18  years  of
13    age.

14        Section  10.  Supplying  alcoholic  liquor to an underage
15    person; liability.
16        (a) A person at least  18  years  of  age  who  willfully
17    supplies   alcoholic  liquor  to  an  underage  person  whose
18    consumption of that alcoholic liquor causes the impairment of
19    that underage person is liable for the death of  or  injuries
20    to  any  other   person  caused  by  that  impairment  of the
21    underage person.
22        (b) A person who  is  injured  by  an  impaired  underage
23    person,  or  the  surviving spouse or next-of-kin of a person
24    whose death is caused by an impaired underage person,  has  a
25    right  of  action  in his or her own name for damages against
26    the following:
27             (1) Any person at least 18  years  of  age  who,  by
28        supplying alcoholic liquor to the underage person, causes
29        or  contributes to the impairment of that underage person
30        by reason of the underage person's  consumption  of  that
 
                            -2-                LRB9203483DJgc
 1        alcoholic liquor.
 2             (2)  Any  person  at  least  18 years of age who, by
 3        permitting the consumption of  alcoholic  liquor  by  the
 4        underage  person, causes or contributes to the impairment
 5        of  that  underage  person  by  reason  of  the  underage
 6        person's consumption of that alcoholic liquor.
 7        (c) An action for damages under this  Section  is  barred
 8    unless  it  is  commenced  within  2 years after the right of
 9    action accrues.

10        Section 15. Application. This Act does  not  apply  to  a
11    person  who  supplies  alcoholic liquor pursuant to a license
12    issued under the Liquor Control Act of 1934.

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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