Sen. Pat McGuire

Filed: 4/14/2016

 

 


 

 


 
09900SB2824sam001LRB099 18813 RPS 47284 a

1
AMENDMENT TO SENATE BILL 2824

2    AMENDMENT NO. ______. Amend Senate Bill 2824 as follows:
 
3on page 1, line 5, by replacing "Section 6-15" with "Sections
46-15 and 6-20"; and
 
5on page 28, immediately below line 1, by inserting the
6following:
 
7    "(235 ILCS 5/6-20)  (from Ch. 43, par. 134a)
8    (Text of Section before amendment by P.A. 99-447)
9    Sec. 6-20. Transfer, possession, and consumption of
10alcoholic liquor; restrictions.
11    (a) Any person to whom the sale, gift or delivery of any
12alcoholic liquor is prohibited because of age shall not
13purchase, or accept a gift of such alcoholic liquor or have
14such alcoholic liquor in his possession.
15    (b) If a licensee or his or her agents or employees

 

 

09900SB2824sam001- 2 -LRB099 18813 RPS 47284 a

1believes or has reason to believe that a sale or delivery of
2any alcoholic liquor is prohibited because of the non-age of
3the prospective recipient, he or she shall, before making such
4sale or delivery demand presentation of some form of positive
5identification, containing proof of age, issued by a public
6officer in the performance of his or her official duties.
7    (c) No person shall transfer, alter, or deface such an
8identification card; use the identification card of another;
9carry or use a false or forged identification card; or obtain
10an identification card by means of false information.
11    (d) No person shall purchase, accept delivery or have
12possession of alcoholic liquor in violation of this Section.
13    (e) The consumption of alcoholic liquor by any person under
1421 years of age is forbidden.
15    (f) Whoever violates any provisions of this Section shall
16be guilty of a Class A misdemeanor.
17    (g) The possession and dispensing, or consumption by a
18person under 21 years of age of alcoholic liquor in the
19performance of a religious service or ceremony, or the
20consumption by a person under 21 years of age under the direct
21supervision and approval of the parents or parent or those
22persons standing in loco parentis of such person under 21 years
23of age in the privacy of a home, is not prohibited by this Act.
24    (h) The provisions of this Act prohibiting the possession
25of alcoholic liquor by a person under 21 years of age and
26dispensing of alcoholic liquor to a person under 21 years of

 

 

09900SB2824sam001- 3 -LRB099 18813 RPS 47284 a

1age do not apply in the case of a student under 21 years of age,
2but 18 years of age or older, who:
3        (1) tastes, but does not imbibe, alcoholic liquor only
4    during times of a regularly scheduled course while under
5    the direct supervision of an instructor who is at least 21
6    years of age and employed by an educational institution
7    described in subdivision (2);
8        (2) is enrolled as a student in a college, university,
9    or post-secondary educational institution that is
10    accredited or certified by an agency recognized by the
11    United States Department of Education or a nationally
12    recognized accrediting agency or association, or that has a
13    permit of approval issued by the Board of Higher Education
14    pursuant to the Private Business and Vocational Schools Act
15    of 2012;
16        (3) is participating in a culinary arts, fermentation
17    science, food service, or restaurant management degree
18    program of which a portion of the program includes
19    instruction on responsible alcoholic beverage serving
20    methods modeled after the Beverage Alcohol Sellers and
21    Server Education and Training (BASSET) curriculum; and
22        (4) tastes, but does not imbibe, alcoholic liquor for
23    instructional purposes up to, but not exceeding, 6 times
24    per class as a part of a required course in which the
25    student temporarily possesses alcoholic liquor for
26    tasting, not imbibing, purposes only in a class setting on

 

 

09900SB2824sam001- 4 -LRB099 18813 RPS 47284 a

1    the campus and, thereafter, the alcoholic liquor is
2    possessed and remains under the control of the instructor.
3(Source: P.A. 97-1058, eff. 8-24-12.)
 
4    (Text of Section after amendment by P.A. 99-447)
5    Sec. 6-20. Transfer, possession, and consumption of
6alcoholic liquor; restrictions.
7    (a) Any person to whom the sale, gift or delivery of any
8alcoholic liquor is prohibited because of age shall not
9purchase, or accept a gift of such alcoholic liquor or have
10such alcoholic liquor in his possession.
11    (b) If a licensee or his or her agents or employees
12believes or has reason to believe that a sale or delivery of
13any alcoholic liquor is prohibited because of the non-age of
14the prospective recipient, he or she shall, before making such
15sale or delivery demand presentation of some form of positive
16identification, containing proof of age, issued by a public
17officer in the performance of his or her official duties.
18    (c) No person shall transfer, alter, or deface such an
19identification card; use the identification card of another;
20carry or use a false or forged identification card; or obtain
21an identification card by means of false information.
22    (d) No person shall purchase, accept delivery or have
23possession of alcoholic liquor in violation of this Section.
24    (e) The consumption of alcoholic liquor by any person under
2521 years of age is forbidden.

 

 

09900SB2824sam001- 5 -LRB099 18813 RPS 47284 a

1    (f) Whoever violates any provisions of this Section shall
2be guilty of a Class A misdemeanor.
3    (g) The possession and dispensing, or consumption by a
4person under 21 years of age of alcoholic liquor in the
5performance of a religious service or ceremony, or the
6consumption by a person under 21 years of age under the direct
7supervision and approval of the parents or parent or those
8persons standing in loco parentis of such person under 21 years
9of age in the privacy of a home, is not prohibited by this Act.
10    (h) The provisions of this Act prohibiting the possession
11of alcoholic liquor by a person under 21 years of age and
12dispensing of alcoholic liquor to a person under 21 years of
13age do not apply in the case of a student under 21 years of age,
14but 18 years of age or older, who:
15        (1) tastes, but does not imbibe, alcoholic liquor only
16    during times of a regularly scheduled course while under
17    the direct supervision of an instructor who is at least 21
18    years of age and employed by an educational institution
19    described in subdivision (2);
20        (2) is enrolled as a student in a college, university,
21    or post-secondary educational institution that is
22    accredited or certified by an agency recognized by the
23    United States Department of Education or a nationally
24    recognized accrediting agency or association, or that has a
25    permit of approval issued by the Board of Higher Education
26    pursuant to the Private Business and Vocational Schools Act

 

 

09900SB2824sam001- 6 -LRB099 18813 RPS 47284 a

1    of 2012;
2        (3) is participating in a culinary arts, fermentation
3    science, food service, or restaurant management degree
4    program of which a portion of the program includes
5    instruction on responsible alcoholic beverage serving
6    methods modeled after the Beverage Alcohol Sellers and
7    Server Education and Training (BASSET) curriculum; and
8        (4) tastes, but does not imbibe, alcoholic liquor for
9    instructional purposes up to, but not exceeding, 6 times
10    per class as a part of a required course in which the
11    student temporarily possesses alcoholic liquor for
12    tasting, not imbibing, purposes only in a class setting on
13    the campus and, thereafter, the alcoholic liquor is
14    possessed and remains under the control of the instructor.
15    (i) A law enforcement officer may not charge or otherwise
16take a person into custody based solely on the commission of an
17offense that involves alcohol and violates subsection (d) or
18(e) of this Section if the law enforcement officer, after
19making a reasonable determination and considering the facts and
20surrounding circumstances, reasonably believes that all of the
21following apply:
22        (1) The law enforcement officer has contact with the
23    person because that person either:
24            (A) requested emergency medical assistance for an
25        individual who reasonably appeared to be in need of
26        medical assistance due to alcohol consumption; or

 

 

09900SB2824sam001- 7 -LRB099 18813 RPS 47284 a

1            (B) acted in concert with another person who
2        requested emergency medical assistance for an
3        individual who reasonably appeared to be in need of
4        medical assistance due to alcohol consumption;
5        however, the provisions of this subparagraph (B) shall
6        not apply to more than 3 persons acting in concert for
7        any one occurrence.
8        (2) The person described in subparagraph (A) or (B) of
9    paragraph (1) of this subsection (i):
10            (A) provided his or her full name and any other
11        relevant information requested by the law enforcement
12        officer;
13            (B) remained at the scene with the individual who
14        reasonably appeared to be in need of medical assistance
15        due to alcohol consumption until emergency medical
16        assistance personnel arrived; and
17            (C) cooperated with emergency medical assistance
18        personnel and law enforcement officers at the scene.
19    (j) A person who meets the criteria of paragraphs (1) and
20(2) of subsection (i) of this Section shall be immune from
21criminal liability for an offense under subsection (d) or (e)
22of this Section.
23    (k) A person may not initiate an action against a law
24enforcement officer based on the officer's compliance or
25failure to comply with subsection (i) of this Section, except
26for willful or wanton misconduct.

 

 

09900SB2824sam001- 8 -LRB099 18813 RPS 47284 a

1(Source: P.A. 99-447, eff. 6-1-16.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.".