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| Public Act 099-0447 | ||||
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AN ACT concerning liquor.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Liquor Control Act of 1934 is amended by | ||||
changing Section 6-20 as follows:
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(235 ILCS 5/6-20) (from Ch. 43, par. 134a)
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Sec. 6-20. Transfer, possession, and consumption of | ||||
alcoholic liquor; restrictions.
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(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.
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(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
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officer in the performance of his or her official duties.
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(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
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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.
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(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.
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(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 law enforcement officer may not charge or otherwise | ||
take a person into custody based solely on the commission of an | ||
offense that involves alcohol and violates subsection (d) or | ||
(e) of this Section if the law enforcement officer, after | ||
making a reasonable determination and considering the facts and | ||
surrounding circumstances, reasonably believes that all of the | ||
following apply: | ||
(1) The law enforcement officer has contact with the | ||
person because that person either: | ||
(A) requested emergency medical assistance for an | ||
individual who reasonably appeared to be in need of | ||
medical assistance due to alcohol consumption; or | ||
(B) acted in concert with another person who | ||
requested emergency medical assistance for an | ||
individual who reasonably appeared to be in need of | ||
medical assistance due to alcohol consumption; | ||
however, the provisions of this subparagraph (B) shall | ||
not apply to more than 3 persons acting in concert for | ||
any one occurrence. | ||
(2) The person described in subparagraph (A) or (B) of | ||
paragraph (1) of this subsection (i): | ||
(A) provided his or her full name and any other | ||
relevant information requested by the law enforcement | ||
officer; | ||
(B) remained at the scene with the individual who | ||
reasonably appeared to be in need of medical assistance | ||
due to alcohol consumption until emergency medical | ||
assistance personnel arrived; and | ||
(C) cooperated with emergency medical assistance | ||
personnel and law enforcement officers at the scene. | ||
(j) A person who meets the criteria of paragraphs (1) and | ||
(2) of subsection (i) of this Section shall be immune from | ||
criminal liability for an offense under subsection (d) or (e) | ||
of this Section. | ||
(k) A person may not initiate an action against a law | ||
enforcement officer based on the officer's compliance or | ||
failure to comply with subsection (i) of this Section, except | ||
for willful or wanton misconduct. | ||
(Source: P.A. 97-1058, eff. 8-24-12.)
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