093_HB3528enr HB3528 Enrolled LRB093 09653 LRD 09892 b 1 AN ACT in relation to drug and alcohol impairment. 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 Drug or Alcohol Impaired Minor Responsibility Act. 6 Section 5. Responsibility of person who supplies 7 alcoholic liquor or illegal drugs to a person under 18 years 8 of age. 9 (a) Any person at least 18 years of age who willfully 10 supplies alcoholic liquor or illegal drugs to a person under 11 18 years of age and causes the impairment of such person 12 shall be liable for death or injuries to persons or property 13 caused by the impairment of such person. 14 (b) A person, or the surviving spouse and next of kin of 15 any person, who is injured, in person or property, by an 16 impaired person under the age of 18, and a person under age 17 18 who is injured in person or property by an impairment that 18 was caused by alcoholic liquor or illegal drugs that were 19 willfully supplied by a person over 18 years of age, has a 20 right of action in his or her own name, jointly and 21 severally, for damages (including reasonable attorney's fees 22 and expenses) against any person: 23 (i) who, by willfully selling, giving, or 24 delivering alcoholic liquor or illegal drugs, causes or 25 contributes to the impairment of the person under the age 26 of 18; or 27 (ii) who, by willfully permitting consumption of 28 alcoholic liquor or illegal drugs on non-residential 29 premises owned or controlled by the person over the age 30 of 18, causes or contributes to the impairment of the 31 person under the age of 18. HB3528 Enrolled -2- LRB093 09653 LRD 09892 b 1 (c) An action for damages under this Section is barred 2 unless commenced within 2 years after the right of action 3 arises. 4 Section 10. A person entitled to bring an action under 5 this Act may recover all of the following damages: 6 (1) economic damages, including, but not limited to, 7 the cost of treatment and rehabilitation, medical 8 expenses, loss of economic or educational potential, loss 9 of productivity, absenteeism, support expenses, accidents 10 or injury and any other pecuniary loss proximately caused 11 by the impairment of the person under the age of 18; 12 (2) non-economic damages, including, but not limited 13 to, physical and emotional pain, suffering, physical 14 impairment, emotional distress, mental anguish, 15 disfigurement, loss of enjoyment, loss of companionship, 16 services, and consortium, and other non-pecuniary losses 17 proximately caused by the impairment of the person under 18 the age of 18; 19 (3) reasonable attorneys' fees; 20 (4) costs of suit, including, but not limited to, 21 reasonable expenses for expert testimony; and 22 (5) punitive damages. 23 Section 15. Contributory negligence and contributory 24 willful and wanton conduct. Neither contributory negligence 25 nor contributory willful and wanton conduct shall apply to 26 any injured party claiming damages under this Act. 27 Section 20. Applicability. 28 (a) A person may not bring an action under this Act 29 against a licensee or employee of a licensee under the Liquor 30 Control Act of 1934 who supplies alcoholic liquor to a person 31 under 21 years of age for that act if the licensee or HB3528 Enrolled -3- LRB093 09653 LRD 09892 b 1 employee of the licensee complied with all applicable 2 provisions of the Liquor Control Act of 1934. 3 (b) This Act applies only to causes of action that 4 accrue on or after October 1, 2004.