Public Act 0118 103RD GENERAL ASSEMBLY

  
  
  
 

 
Public Act 103-0118
 
HB1155 EnrolledLRB103 00101 LNS 45102 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Drug or Alcohol Impaired Minor 
Responsibility Act is amended  by changing Section 5 as 
follows:
 



    (740 ILCS 58/5)



    Sec. 5. 
Responsibility of person who supplies alcoholic 
liquor or illegal
drugs to a
person under 18 years of age.

    (a) Any person at least 18 years of age who
willfully 
supplies alcoholic liquor or illegal drugs to a person under 
18 years
of age and
causes the impairment of such person shall 
be liable for death or injuries to
persons or property caused 
by the impairment of such person.

    (b) A person, or the surviving spouse and next of kin of 
any person, who is
injured, in person or
property, by an 
impaired person under the age of 18, and a person under age 18

who is injured in person or property by an impairment that was 
caused by
alcoholic liquor or illegal drugs that were 
willfully supplied by a person over
18 years of age,
has
a 
right of action in
his or her own name, jointly and severally, 
for damages (including reasonable
attorney's fees and 
expenses) against any person:


        (i) who, by willfully selling, giving, or delivering 
    alcoholic liquor or
illegal
drugs, causes or
contributes 
    to the impairment of the person under the age of 18; or


        (ii) who, by willfully permitting consumption of 
    alcoholic liquor or
illegal drugs on non-residential 
    premises owned or controlled by the person
over the age of 
    18,
causes or
contributes to the impairment of the person 
    under the age of 18.

    (c) An action for damages under this Section is barred 
unless commenced
within 2 years after the right of action 
arises.

(Source: P.A. 93-588, eff. 1-1-04.)