Bill Status of HB 1554   97th General Assembly

Short Description:  LIQUOR - UNDERAGE DRINKING

House Sponsors
Rep. Carol A. Sente-William Cunningham-Jack D. Franks-Keith Farnham-Maria Antonia Berrios, Karen May, Linda Chapa LaVia, Michael J. Zalewski, Sidney H. Mathias and Marlow H. Colvin

Senate Sponsors
(Sen. Susan Garrett and Ira I. Silverstein-Jeffrey M. Schoenberg-Pamela J. Althoff-Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  8/22/2012HousePublic Act . . . . . . . . . 97-1049

Statutes Amended In Order of Appearance
235 ILCS 5/6-16from Ch. 43, par. 131

Synopsis As Introduced
Amends the Liquor Control Act of 1934. Provides that any person shall be guilty of a Class A misdemeanor where he or she permits, allows, or hosts a gathering of 2 or more persons at a residence which he or she occupies or any other private property, public place, or premises under his or her control where any one or more of the persons is under 21 years of age and (1) the person occupying the residence or controlling the private property, public place, or premises knows or reasonably should know that any such person under the age of 21 is in possession of or is consuming any alcoholic beverage; and (2) the possession or consumption of the alcohol by the person under 21 is not otherwise permitted by the Act. Provides that in addition to being guilty of a Class A misdemeanor, the sentence of any person who violates the provisions of the amendatory Act shall include, but shall not be limited to, a fine of not less than $500. Provides that where the violation directly or indirectly results in great bodily harm or death to any person, the person who committed the violation shall be guilty of a Class 4 felony. Provides that a person shall not be in violation of the provisions of the amendatory Act if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person's performance of the duties imposed by the amendatory Act or (ii) terminate the gathering because the person has been unable to prevent persons under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the gathering. Makes other changes.

Senate Committee Amendment No. 1
Provides that where the residence has an owner and a tenant or lessee, there is a rebuttable presumption that the residence is occupied or controlled only by the tenant or lessee.

Senate Committee Amendment No. 4
Replaces everything after the enacting clause. Amends the Liquor Control Act of 1934. Provides that a parent or guardian who knowingly permits his or her residence, or any other private property under his or her control, (instead of knowingly permit his or her residence) to be used by an invitee, under the age of 21, of the parent's child or the guardian's ward in a manner that constitutes a violation of the Act's prohibited sales and possession provisions is guilty of a Class A misdemeanor. Provides that a parent or guardian is deemed to have knowingly permitted his or her residence, or any other private property under his or her control, to be used in violation of the Act if he or she knowingly authorizes or permits (instead of knowingly authorizes, enables, or permits) consumption of alcohol by underage invitees. In provisions concerning the use of a residence by an underage invitee, modifies some of the elements of the offense by (i) providing that any person, including a tenant or lessee, who knowingly authorizes or permits (instead of permits) a residence (instead of a gathering at a residence) which he or she occupies to be used by an invitee under 21 years of age for possession or use of an alcoholic beverage violates the Act, if other specified conditions are met; and (ii) by striking the requirement that the person occupying the residence know that the underage person who possesses or consumes alcohol left the residence intoxicated. Provides that a person shall not be in violation of the provisions of this Act concerning prohibited underage alcohol consumption at a residence if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person's performance of his or her legal duties under this Act or (ii) terminate the activity because the person has been unable to prevent a person under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity.

Actions 
DateChamber Action
  2/15/2011HouseFiled with the Clerk by Rep. Carol A. Sente
  2/15/2011HouseFirst Reading
  2/15/2011HouseReferred to Rules Committee
  2/22/2011HouseAssigned to Judiciary II - Criminal Law Committee
  3/1/2011HouseAdded Chief Co-Sponsor Rep. William Cunningham
  3/1/2011HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  3/1/2011HouseAdded Chief Co-Sponsor Rep. Keith Farnham
  3/1/2011HouseAdded Chief Co-Sponsor Rep. Maria Antonia Berrios
  3/1/2011HouseAdded Co-Sponsor Rep. Karen May
  3/1/2011HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  3/1/2011HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/3/2011HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 006-000-000
  3/3/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/8/2011HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/8/2011HouseSecond Reading - Short Debate
  3/8/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/10/2011HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  3/10/2011HouseRemoved Co-Sponsor Rep. Daniel V. Beiser
  3/10/2011HouseThird Reading - Short Debate - Passed 106-004-000
  3/10/2011HouseAdded Co-Sponsor Rep. Marlow H. Colvin
  3/14/2011SenateArrive in Senate
  3/14/2011SenatePlaced on Calendar Order of First Reading
  3/14/2011SenateChief Senate Sponsor Sen. Susan Garrett
  3/14/2011SenateFirst Reading
  3/14/2011SenateReferred to Assignments
  4/4/2011SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  4/27/2011SenateAssigned to Criminal Law
  5/5/2011SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Susan Garrett
  5/5/2011SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/6/2011SenatePostponed - Criminal Law
  5/10/2011SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/11/2011SenateSenate Committee Amendment No. 1 Adopted
  5/11/2011SenateHeld in Criminal Law
  5/12/2011SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Susan Garrett
  5/12/2011SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/13/2011SenateRule 2-10 Committee Deadline Established As May 31, 2011
  5/17/2011SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  5/20/2011SenateSenate Committee Amendment No. 2 To Criminal Law Subcommittee on Special Issues
  7/23/2011SenatePursuant to Senate Rule 3-9(b) / Referred to Assignments
  7/23/2011SenateSenate Committee Amendment No. 2 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b)
  5/10/2012SenateRe-assigned to Executive
  5/14/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/14/2012SenateSenate Committee Amendment No. 3 Filed with Secretary by Sen. Susan Garrett
  5/14/2012SenateSenate Committee Amendment No. 3 Referred to Assignments
  5/15/2012SenateSenate Committee Amendment No. 3 Assignments Refers to Executive
  5/16/2012SenateSenate Committee Amendment No. 4 Filed with Secretary by Sen. Susan Garrett
  5/16/2012SenateSenate Committee Amendment No. 4 Referred to Assignments
  5/16/2012SenateSenate Committee Amendment No. 4 Assignments Refers to Executive
  5/16/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Jeffrey M. Schoenberg
  5/16/2012SenateSenate Committee Amendment No. 3 Postponed - Executive
  5/16/2012SenateSenate Committee Amendment No. 4 Adopted
  5/16/2012SenateDo Pass as Amended Executive; 014-000-000
  5/16/2012SenatePlaced on Calendar Order of 2nd Reading May 17, 2012
  5/18/2012SenateSecond Reading
  5/18/2012SenatePlaced on Calendar Order of 3rd Reading May 21, 2012
  5/24/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/24/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/24/2012SenateThird Reading - Passed; 041-009-003
  5/24/2012SenateSenate Committee Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/24/2012SenateSenate Committee Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  5/24/2012HouseArrived in House
  5/24/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 4
  5/24/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Carol A. Sente
  5/24/2012HouseSenate Committee Amendment No. 4 Motion Filed Concur Rep. Carol A. Sente
  5/24/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/24/2012HouseSenate Committee Amendment No. 4 Motion to Concur Referred to Rules Committee
  5/31/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/31/2012HouseSenate Committee Amendment No. 4 Motion to Concur Recommends Be Adopted Rules Committee; 005-000-000
  5/31/2012HouseSenate Committee Amendment No. 1 House Concurs 111-006-001
  5/31/2012HouseSenate Committee Amendment No. 4 House Concurs 111-006-001
  5/31/2012HousePassed Both Houses
  6/29/2012HouseSent to the Governor
  8/22/2012HouseGovernor Approved
  8/22/2012HouseEffective Date January 1, 2013
  8/22/2012HousePublic Act . . . . . . . . . 97-1049

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