740 ILCS 57/ Drug Dealer Liability Act.

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740 ILCS 57/1

(740 ILCS 57/1)

Sec. 1.

Short title.

This Act may be cited as the Drug Dealer Liability Act.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/5

(740 ILCS 57/5)

Sec. 5.

Statement of purpose.

The purpose of this Act is to provide a
civil remedy for damages to persons in a community injured as a result of
illegal drug use.  These persons include parents, employers, insurers,
governmental entities, and others who pay for drug treatment or employee
assistance programs, as well as infants injured as a result of exposure to
drugs in utero ("drug babies").  This Act will enable them to recover damages
from those persons in the community who have joined the illegal drug market.  A
further purpose of the Act is to shift, to the extent possible, the cost of the
damage caused by the existence of the illegal drug market in a community to
those who illegally profit from that market.  The further purpose of the Act is
to establish the prospect of substantial monetary loss as a deterrent to those
who have not yet entered into the illegal drug distribution market.  The
further purpose is to establish an incentive for drug users to identify and
seek payment for their own drug treatment from those dealers who have sold
drugs
to the user in the past.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/10

(740 ILCS 57/10)

Sec. 10.

Legislative findings.

The legislature finds and declares all of
the following:

(1) Every community in the country is affected by the marketing and
distribution of illegal drugs.  A vast amount of State and local resources are
expended in coping with the financial, physical, and emotional toll that
results from the existence of the illegal drug
market.  Families, employers, insurers, and society in general bear the
substantial costs of coping with the marketing of illegal drugs.  Drug babies
and parents, particularly those of adolescent illegal drug users, suffer
significant non-economic injury as well.

(2) Although the criminal justice system is an important weapon against the
illegal drug market, the civil justice system can and must also be used.  The
civil justice system can provide an avenue of compensation for those who have
suffered harm as a result of the marketing and distribution of illegal drugs.
The persons who have joined the illegal drug market should bear the cost of the
harm caused by that market in the community.

(3) The threat of liability under this Act serves as an additional deterrent
to a recognizable segment of the illegal drug network.  A person who has
non-drug related assets, who markets illegal drugs at the workplace, who
encourages friends to become users, among others, is likely to decide that the
added cost of entering the market is not worth the benefit.  This is
particularly true for a first-time, casual dealer who has not yet made
substantial profits.  This Act provides a mechanism for the cost of the injury
caused by illegal drug use to be borne by those who benefit from illegal drug
dealing.

(4) This Act imposes liability against all participants in the illegal drug
market, including small dealers, particularly those in the workplace, who are
not usually the focus of criminal investigations.  The small dealers increase
the number of users and are the people who become large dealers.  These small
dealers are most likely to be deterred by the threat of liability.

(5) A parent of an adolescent illegal drug user often expends considerable
financial resources, typically in the tens of thousands of dollars, for the
child's drug treatment.  Local and state governments provide drug treatment and
related medical services made necessary by the distribution of illegal drugs.
The treatment of drug babies is a considerable cost to local and state
governments.  Insurers pay large sums for medical treatment relating to drug
addiction and use.  Employers suffer losses as a result of illegal drug use by
employees due to lost productivity, employee drug-related workplace accidents,
employer contributions to medical plans, and the need to establish and maintain
employee assistance programs.  Large employers, insurers, and local and state
governments have existing legal staffs that can bring civil suits against those
involved in the illegal drug market, in appropriate cases, if a clear legal
mechanism for liability and recovery is established.

(6) Drug babies, who are clearly the most innocent and vulnerable of those
affected by illegal drug use, are often the most physically and mentally
damaged due to the existence of an illegal drug market in a community.  For
many of these babies, the only hope is extensive medical and psychological
treatment, physical therapy, and special education.  All of these potential
remedies are expensive.  These babies, through their legal guardians and
through court-appointed guardians ad litem, should be able to recover damages
from those in the community who have entered and participated in the marketing
of the types of illegal drugs that have caused their injuries.

(7) In theory, civil action for damages for distribution of illegal drugs
can be brought under existing law.  They are not.  Several barriers account for
this.  Under existing tort law, only those dealers in the actual chain of
distribution to a particular user are sued.  Drug babies, parents of
adolescent illegal drug users, and insurers are not likely to be able to
identify the chain of distribution to a particular user.  Furthermore, drug
treatment experts largely
agree that users are unlikely to identify and bring suit against their own
dealers, even after they have recovered, given the present requirements for a
civil action.  Recovered users are similarly unlikely to bring suit against
others in the chain of distribution, even if they are known to the user.  A
user is unlikely to know other dealers in the chain of distribution.  Unlike
the chain of distribution for legal products, in which records identifying the
parties to each transaction in the chain are made and shared among the parties,
the distribution of illegal drugs is clandestine.  Its participants expend
considerable effort to keep the chain of distribution secret.

(8) Those involved in the illegal drug market in a community are necessarily
interrelated and interdependent, even if their identity is unknown to one
another.  Each new dealer obtains the benefit of the existing illegal drug
distribution system to make illegal drugs available to him or her.  In
addition, the existing market aids a new entrant by the prior development of
people as users.  Many experts on the illegal drug market agree that all
participants are ultimately likely to be indirectly related.  That is,
beginning with any one dealer, given the theoretical ability to identify every
person known by that
dealer to be involved in illegal drug trafficking, and in turn each of those
others known to them, and so on, the illegal drug market in a community would
ultimately be fully revealed.

(9) Market liability has been created with respect to legitimate products by
judicial decision in some states.  It provides for civil recovery by plaintiffs
who are unable to identify the particular manufacturer of the product that is
claimed to have caused them harm, allowing recovery from all manufacturers of
the product who participated in that particular market.  The market liability
theory has been shown to be destructive of market initiative and product
development when applied to legitimate markets.  Because of its potential for
undermining markets, this Act expressly adopts a legislatively crafted form of
liability for those who intentionally join the illegal drug market.  The
liability established by this Act grows out of but is distinct from existing
judicially crafted market liability.

(10) The prospect of a future suit for the costs of drug treatment may drive
a wedge between prospective dealers and their customers by encouraging users to
turn on their dealers.  Therefore, liability for those costs, even to the user,
is imposed under this Act as long as the user identifies and brings suit
against his or her own dealers.

(11) Allowing dealers who face a civil judgment for their illegal drug
marketing to bring suit against their own sources for contribution may also
drive a wedge into the relationships among some participants in the illegal
drug distribution network.

(12) While not all persons who have suffered losses as a result of the
marketing of illegal drugs will pursue an action for damages, at least some
individuals, guardians of drug babies, government agencies that provide
treatment, insurance companies, and employers will find such an action
worthwhile.  These persons deserve the opportunity to recover their losses.
Some new entrants to retail illegal drug dealing are likely to be deterred even
if only a few of these suits are actually brought.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/15

(740 ILCS 57/15)

Sec. 15.

Definitions.

As used in this Act:

"Illegal drug" means a drug whose distribution is a violation of State
law.

"Illegal drug market" means the support system of illegal drug related
operations, from production to retail sales, through which an illegal drug
reaches the user.

"Illegal drug market target community" is the area described under
Section 40.

"Individual drug user" means the individual whose illegal drug use is
the basis of an action brought under this Act.

"Level 1 offense" means possession of one-fourth ounce or more, but less than
4 ounces, or distribution of less than one ounce of a specified illegal
drug, or possession of one pound or 25 plants or more, but less than 4
pounds or 50 plants, or distribution of less than one pound of marijuana.

"Level 2 offense" means possession of 4 ounces or more, but less than
8 ounces, or distribution of one ounce or more, but less than 2 ounces,
of a specified illegal drug, or possession of 4 pounds or more or 50 plants
or more, but less than 8 pounds or 75 plants, or distribution of more than
one pound, but less than 5 pounds, of marijuana.

"Level 3 offense" means possession of 8 ounces or more, but less
than 16 ounces, or distribution of 2 ounces or more, but less than 4
ounces, of a specified illegal drug or possession of 8 pounds or more or 75
plants or more, but less than 16 pounds or 100 plants, or distribution of more
than 5 pounds, but less than 10 pounds, of marijuana.

"Level 4 offense" means possession of 16 ounces or more or distribution
of 4 ounces or more of a specified illegal drug or possession of 16 pounds
or more or 100 plants or more or distribution of 10 pounds or more of
marijuana.

"Participate in the illegal drug market" means to distribute, possess
with an intent to distribute, commit an act intended to facilitate the
marketing or distribution of, or agree to distribute, possess with an intent to
distribute, or commit an act intended to facilitate the marketing and
distribution of an illegal drug.  "Participate in the illegal drug market" does
not include the purchase or receipt of an illegal drug for personal use only.

"Person" means an individual, governmental entity, corporation, firm,
trust, partnership, or incorporated or unincorporated association, existing
under or authorized by the laws of this State, another state, or a foreign
country.

"Period of illegal drug use" means, in relation to the individual drug
user, the time of the individual's first use of an illegal drug to the accrual
of the cause of action.  The period of illegal drug use is presumed to commence
2 years before the cause of action accrues unless the defendant proves
otherwise by clear and convincing evidence.

"Place of illegal drug activity" means, in relation to the individual
drug user, each Illinois Representative District in which the individual
possesses or uses an illegal drug or in which the individual resides, attends
school, or is employed during the period of the individual's illegal drug use,
unless the defendant proves otherwise by clear and convincing evidence.

"Place of participation" means, in relation to a defendant in an action
brought under this Act, each Illinois Representative District in which the
person
participates in the illegal drug market or in which the person resides, attends
school, or is employed during the period of the person's participation in the
illegal drug market.

"Specified illegal drug" means cocaine, heroin, or methamphetamine and
any other drug the distribution of which is a violation of State law.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/20

(740 ILCS 57/20)

Sec. 20.

Liability for participation in the illegal drug market.

(a) A person who knowingly participates in the illegal drug market within
this State is liable for civil damages as provided in this Act.  A person may
recover damages under this Act for injury resulting from an individual's use of
an illegal drug.

(b) A law enforcement officer or agency, the State, or a person acting at
the direction of a law enforcement officer or agency or the State is not liable
for participating in the illegal drug market if the participation is in
furtherance of an official investigation.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/25

(740 ILCS 57/25)

Sec. 25.

Recovery of damages.

(a) One or more of the following persons may bring an action for damages
caused by an individual's use of an illegal drug:

(1) A parent, legal guardian, child, spouse, or

sibling of the individual drug user.

(2) An individual who was exposed to an illegal drug

in utero.

(3) An employer of the individual drug user.

(4) A medical facility, insurer, governmental entity,

employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.

(5) A person injured as a result of the willful,

reckless, or negligent actions of an individual drug user.

(b) A person entitled to bring an action under this Section may seek damages
from one or more of the following:

(1) A person who knowingly distributed, or knowingly

participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user.

(2) A person who knowingly participated in the

illegal drug market if:

(A) the place of illegal drug activity by the

individual drug user is within the illegal drug market target community of the defendant;

(B) the defendant's participation in the illegal

drug market was connected with the same type of illegal drug used by the individual drug user; and

(C) the defendant participated in the illegal

drug market at any time during the individual drug user's period of illegal drug use.

(c) A person entitled to bring an action under this Section may recover all
of
the following damages:

(1) economic damages, including, but not limited to,

the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;

(2) non-economic damages, including, but not limited

to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

(3) exemplary damages;

(4) reasonable attorneys' fees;

(5) costs of suit, including, but not limited to,

reasonable expenses for expert testimony.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/30

(740 ILCS 57/30)

Sec. 30.

Limited recovery of damages.

(a) An individual drug user shall not bring an action for damages caused by
the use of an illegal drug except as otherwise provided in this subsection. An
individual drug user may bring an action for damages caused by the use of an
illegal drug only if all of the following conditions are met:

(1) the individual personally discloses to narcotics

enforcement authorities, more than 6 months before filing the action, all of the information known to the individual regarding all of that individual's sources of illegal drugs;

(2) the individual has not used an illegal drug

within the 6 months before filing the action; and

(3) the individual continues to remain free of the

use of an illegal drug throughout the pendency of the action.

(b) A person entitled to bring an action under this Section may seek damages
only from a person who distributed, or is in the chain of distribution of, an
illegal drug that was actually used by the individual drug user.

(c) A person entitled to bring an action under this Section may recover only
the following damages:

(1) economic damages, including, but not limited to,

the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use;

(2) reasonable attorneys' fees; and

(3) costs of suit, including, but not limited to,

reasonable expenses for expert testimony.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/40

(740 ILCS 57/40)

Sec. 40.

Illegal drug market target community.

A person whose
participation
in the illegal drug market constitutes the following level offense shall be
considered to have the following illegal drug market target community:

(1) for a level 1 offense, the Illinois Representative District
in which the defendant's place of participation is situated;

(2) for a level 2 offense, the target community described in item (1)
plus all Illinois Representative Districts with a border contiguous to that
target community; and

(3) for a level 3 offense, the target community described in item (2)
plus all Illinois Representative Districts with a border contiguous to that
target community;

(4) for a level 4 offense, the State.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/45

(740 ILCS 57/45)

Sec. 45.

Joinder of parties.

(a) Two or more persons may join in one action under this Act as plaintiffs
if their respective actions have at least one place of illegal drug activity in
common and if any portion of the period of illegal drug use overlaps with the
period of illegal drug use for every other plaintiff.

(b) Two or more persons may be joined in one action under this Act as
defendants if those persons are liable to at least one plaintiff.

(c) A plaintiff need not be interested in obtaining and a defendant need not
be interested in defending against all the relief demanded.  Judgement may be
given for one or more plaintiffs according to their respective rights to relief
and against one or more defendants according to their respective liabilities.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/50

(740 ILCS 57/50)

Sec. 50.

Comparative responsibility.

(a) An action by an individual drug user is governed by the principles of
comparative responsibility.  Comparative responsibility attributed to the
plaintiff does not bar recovery but diminishes the award of compensatory
damages proportionally, according to the measure of responsibility attributed
to the plaintiff.

(b) The burden of proving the comparative responsibility of the plaintiff is
on the defendant and shall be shown by clear and convincing evidence.

(c) Comparative responsibility shall not be attributed to a plaintiff who is
not an individual drug user.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/55

(740 ILCS 57/55)

Sec. 55.

Contribution among and recovery from multiple defendants.

A
person subject to liability under this Act has a right of action for
contribution against another person subject to liability under this Act.
Contribution may be enforced either in the original action or by a separate
action brought for that purpose.  A plaintiff may seek recovery in accordance
with this Act and existing law against a person whom a defendant has asserted
a right of contribution.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/60

(740 ILCS 57/60)

Sec. 60.

Standard of proof; effect of criminal drug conviction.

(a) Proof of participation in the illegal drug market in an action brought
under this Act shall be shown by clear and convincing evidence.  Except as
otherwise provided in this Act, other elements of the cause of action shall be
shown by a preponderance of the evidence.

(b) A person against whom recovery is sought who has a criminal conviction
under state drug laws or the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C.
Section 801 et seq.) is estopped from denying participation in the
illegal drug market.  Such a conviction is also prima facie evidence of the
person's participation in the illegal drug market during the 2 years
preceding the date of an act giving rise to a conviction.

(c) The absence of criminal drug conviction of a person against whom
recovery is sought does not bar an action against that person.

(Source: P.A. 89-293, eff. 1-1-96; 90-655, eff. 7-30-98.)

740 ILCS 57/65

(740 ILCS 57/65)

Sec. 65.

Prejudgment attachment and execution on judgments.

(a) A plaintiff under this Act, subject to subsection (c), may request an ex
parte prejudgment attachment order from the court against all assets of a
defendant sufficient to satisfy a potential award.  If attachment is
instituted, a defendant is entitled to an immediate hearing.  Attachment may be
lifted if the defendant demonstrates that the assets will be available for a
potential award or if the defendant posts a bond sufficient to cover a
potential award.

(b) A person against whom a judgment has been rendered under this Act is not
eligible to exempt any property, of whatever kind, from process to levy or
process to execute on the judgment.

(c) Any assets sought to satisfy a judgment under this Act that are named in
a forfeiture action or have been seized for forfeiture by any
State or federal agency may not be used to satisfy a judgment unless and
until the assets have been released following the conclusion of the forfeiture
action or released by the agency that seized the assets.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/70

(740 ILCS 57/70)

Sec. 70.

Statute of limitations.

(a) Except as otherwise provided in this Section, a claim under this Act
shall not be brought more than 2 years after the cause of action accrues.  A
cause of action accrues under this Act when a person who may recover has reason
to know of the harm from illegal drug use that is the basis for the cause of
action and has reason to know that the illegal drug use is the cause of the
harm.

(b) For a plaintiff, the statute of limitations under this Section is tolled
while the individual potential plaintiff is incapacitated by the use of an
illegal drug to the extent that the individual cannot reasonably be expected to
seek recovery under this Act or as otherwise provided by law.  For a defendant,
the statute of limitations under this Section is tolled until 6 months after
the individual potential defendant is convicted of a criminal drug offense or
as otherwise provided by law.

(Source: P.A. 89-239, eff. 1-1-96.)

740 ILCS 57/75

(740 ILCS 57/75)

Sec. 75.

Stay of action.

On motion by a governmental agency involved in a drug investigation or
prosecution, an action brought under this Act shall be stayed until the
completion of the criminal investigation or prosecution that gave rise to the
motion for a stay of the action.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/80

(740 ILCS 57/80)

Sec. 80.

Effect on existing laws.

The provisions of this Act are not
intended to alter the law regarding intrafamily tort immunity.

(Source: P.A. 89-293, eff. 1-1-96.)

740 ILCS 57/85

(740 ILCS 57/85)

Sec. 85.

Severability.

The provisions of this Act are severable
under Section 1.31 of the Statute on Statutes.

(Source: P.A. 89-293, eff. 1-1-96.)