Bill Text: IL HB1336 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Liquor Control Act of 1934. Provides that a person is immune from criminal liability for certain violations of the Act, and a law enforcement officer may not charge or otherwise take a person into custody for those violations, if the law enforcement officer, after making a reasonable determination and considering the facts and surrounding circumstances, reasonably believes that: (1) the law enforcement officer has contact with that person because the person requested medical assistance for an individual who reasonably appeared to be in need of medical assistance due to alcohol consumption; (2) the person provided his or her full name and any other relevant information to the law enforcement officer; (3) the person remained at the scene with the individual needing medical assistance until emergency medical assistance personnel arrived; and (4) the person cooperated with emergency medical assistance personnel and law enforcement officers at the scene. Prohibits a person from initiating or maintaining an action against a law enforcement officer based on the law enforcement officer's compliance or failure to comply with the provisions relating to immunity from criminal liability.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Passed) 2015-08-24 - Public Act . . . . . . . . . 99-0447 [HB1336 Detail]

Download: Illinois-2015-HB1336-Chaptered.html

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Public Act 099-0447
HB1336 Enrolled LRB099 07161 RPS 27252 b
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 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.)