HB3131ham001 95TH GENERAL ASSEMBLY

Rep. Tom Cross

Filed: 3/26/2007

09500HB3131ham001 LRB095 06798 WGH 34579 a

AMENDMENT TO HOUSE BILL 3131

AMENDMENT NO. ______. Amend House Bill 3131 by replacing everything after the enacting clause with the following:

"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. 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.

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.

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. No person shall purchase, accept delivery or have possession of alcoholic liquor in violation of this Section. The consumption of alcoholic liquor by any person under 21 years of age is forbidden. Whoever violates any provisions of this Section shall be guilty of a Class A misdemeanor.

Whenever a person receives a disposition of court supervision for consumption of alcoholic liquor while that person is under 21 years of age in violation of this Section or is adjudicated under the Juvenile Court Act of 1987 for consumption of alcoholic liquor in violation of this Section, the clerk of the court shall, within 5 days thereafter, forward a report of the disposition of court supervision or the sentencing hearing under the Juvenile Court Act of 1987 to the Secretary of State in the manner set forth in paragraph (a)(5) of Section 6-204 of the Illinois Vehicle Code.

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.

(Source: P.A. 90-432, eff. 1-1-98.)

Section 10. The Illinois Vehicle Code is amended by adding Section 6-206.3 as follows:

(625 ILCS 5/6-206.3 new)

Sec. 6-206.3. Suspension; Section 6-20 of the Liquor Control Act of 1934.

(a) The Secretary of State shall suspend for a period of 3 months the driving privileges of any person who is placed under court supervision for consumption of alcoholic liquor in violation of Section 6-20 of the Liquor Control Act of 1934 or is adjudicated under the Juvenile Court Act of 1987 for consumption of alcoholic liquor in violation of Section 6-20 of the Liquor Control Act of 1934. The court entering the supervision or adjudication may, in its discretion, enter an order directing the Secretary of State to issue a judicial driving permit to grant the person, during the period of the suspension, the privilege of driving a motor vehicle between the person's residence and person's place of employment or within the scope of the person's employment-related duties, to allow transportation for the person or a household member of the person's family for the receipt of necessary medical care, to allow the person to perform court-ordered community service, or to allow the person to attend classes as a student in an accredited educational institution. Subsections (c) and (d) of Section 6-206.1 apply to orders and permits under this Section. The other provisions of Section 6-206.1 do not apply to orders and permits under this Section. The Secretary of State shall adopt any rules he or she deems appropriate concerning the administration of his or her duties under this Section. A permit issued under this Section is subject to cancellation, revocation, and suspension in like manner and for like cause as a driver's license may be cancelled, revoked, or suspended.".