| |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL LIABILITIES (740 ILCS 58/) Drug or Alcohol Impaired Minor Responsibility Act. 740 ILCS 58/1
(740 ILCS 58/1)
Sec. 1.
Short title.
This Act may be cited as the Drug or Alcohol
Impaired Minor Responsibility Act.
(Source: P.A. 93-588, eff. 1-1-04.)
|
740 ILCS 58/5
(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 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. 103-118, eff. 1-1-24 .)
|
740 ILCS 58/10
(740 ILCS 58/10)
Sec. 10.
A person entitled to bring an action under this Act 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 impairment of the person under the age of 18;
|
|
(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 non-pecuniary losses proximately caused by the impairment of the person under the age of 18;
|
|
(3) reasonable attorneys' fees;
(4) costs of suit, including, but not limited to,
| | reasonable expenses for expert testimony; and
|
|
(5) punitive damages.
(Source: P.A. 93-588, eff. 1-1-04.)
|
740 ILCS 58/15
(740 ILCS 58/15)
Sec. 15.
Contributory negligence and contributory willful and wanton
conduct. Neither contributory negligence nor contributory willful and wanton
conduct shall apply to any injured party claiming damages under this Act.
(Source: P.A. 93-588, eff. 1-1-04 .)
|
740 ILCS 58/20
(740 ILCS 58/20)
Sec. 20.
Applicability.
(a) A person may not bring an action under this Act against a licensee or
employee of a
licensee under the Liquor Control Act of 1934 who supplies alcoholic liquor to
a person under 21 years of age for that act if the licensee
or employee of the licensee complied with
all applicable provisions of the Liquor Control Act of 1934.
(b) This Act applies only to causes of action that accrue on or after
October 1, 2004.
(Source: P.A. 93-588, eff. 1-1-04.)
|
|
|
|