HB2341 98TH GENERAL ASSEMBLY

LRB098 07233 MGM 37295 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2341

Introduced , by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

235 ILCS 5/6-20

from Ch. 43, par. 134a

Amends the Liquor Control Act of 1934. Provides that a person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted for violation of the Act if (1) the evidence for the charge was acquired as a result of the person seeking or obtaining emergency medical assistance and (2) the individual remains at the scene of the event or medical facility until a law enforcement officer, medical provider, or emergency responder arrives. Provides that this immunity is not available to a parent seeking or obtaining emergency medical assistance for a minor experiencing alcohol poisoning after the parent served the minor alcohol in violation of the Act. Provides that a person under 21 years of age who is experiencing alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted for violation of this Act if evidence for the charge was acquired as a result of the person seeking or obtaining emergency medical assistance. Provides that the limited immunity within the Act shall not be extended if law enforcement officers have reasonable suspicion or probable cause to detain, arrest, or search the person for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual taking action to seek or obtain emergency medical assistance, and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance. Effective immediately.

A BILL FOR

AN ACT concerning liquor.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Liquor Control Act of 1934 is amended by changing Section 6-20 as follows:

(235 ILCS 5/6-20) (from Ch. 43, par. 134a)

Sec. 6-20. Transfer, possession, and consumption of alcoholic liquor; restrictions.

(a) Any person to whom the sale, gift or delivery of any alcoholic liquor is prohibited because of age shall not purchase, or accept a gift of such alcoholic liquor or have such alcoholic liquor in his possession.

(b) If a licensee or his or her agents or employees believes or has reason to believe that a sale or delivery of any alcoholic liquor is prohibited because of the non-age of the prospective recipient, he or she shall, before making such sale or delivery demand presentation of some form of positive identification, containing proof of age, issued by a public officer in the performance of his or her official duties.

(c) No person shall transfer, alter, or deface such an identification card; use the identification card of another; carry or use a false or forged identification card; or obtain an identification card by means of false information.

(d) No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section.

(e) The consumption of alcoholic liquor by any person under 21 years of age is forbidden.

(f) Whoever violates any provisions of this Section shall be guilty of a Class A misdemeanor.

(g) The possession and dispensing, or consumption by a person under 21 years of age of alcoholic liquor in the performance of a religious service or ceremony, or the consumption by a person under 21 years of age under the direct supervision and approval of the parents or parent or those persons standing in loco parentis of such person under 21 years of age in the privacy of a home, is not prohibited by this Act.

(h) The provisions of this Act prohibiting the possession of alcoholic liquor by a person under 21 years of age and dispensing of alcoholic liquor to a person under 21 years of age do not apply in the case of a student under 21 years of age, but 18 years of age or older, who:

(1) tastes, but does not imbibe, alcoholic liquor only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an educational institution described in subdivision (2);

(2) is enrolled as a student in a college, university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association, or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012;

(3) is participating in a culinary arts, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and

(4) tastes, but does not imbibe, alcoholic liquor for instructional purposes up to, but not exceeding, 6 times per class as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only in a class setting on the campus and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor.

(i) A person who, in good faith, seeks or obtains emergency medical assistance for someone experiencing alcohol poisoning shall not be charged or prosecuted for violation of this Act if (1) the evidence for the charge was acquired as a result of the person seeking or obtaining emergency medical assistance and (2) the individual remains at the scene of the event or medical facility until a law enforcement officer, medical provider, or emergency responder arrives. This immunity is not available to a parent seeking or obtaining emergency medical assistance for a minor experiencing alcohol poisoning after the parent served the minor alcohol in violation of this Act. A person under 21 years of age who is experiencing alcohol poisoning and is in need of medical assistance shall not be charged or prosecuted for violation of this Act if evidence for the charge was acquired as a result of the person seeking or obtaining emergency medical assistance.

The limited immunity described in this subsection (i) shall not be extended if law enforcement officers have reasonable suspicion or probable cause to detain, arrest, or search the person for criminal activity and the reasonable suspicion or probable cause is based on information obtained prior to or independent of the individual taking action to seek or obtain emergency medical assistance, and not obtained as a direct result of the action of seeking or obtaining emergency medical assistance. Nothing in this subsection (i) is intended to interfere with or prevent the investigation, arrest, or prosecution of any person involved in criminal activity, or who fails to meet the requisite requirements for immunity. The protection in this subsection (i) shall not be grounds for suppression of evidence in other charges.

A person may not initiate or maintain an action against a law enforcement officer based on the officer's compliance or failure to comply with this Section.

(Source: P.A. 97-1058, eff. 8-24-12.)

Section 99. Effective date. This Act takes effect upon becoming law.