Bill Text: IL HB2341 | 2013-2014 | 98th General Assembly | Engrossed

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2341 Detail]

Download: Illinois-2013-HB2341-Engrossed.html

---

HB2341 Engrossed LRB098 07233 MGM 37295 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.

HB2341 Engrossed - 2 - LRB098 07233 MGM 37295 b
(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

HB2341 Engrossed - 3 - LRB098 07233 MGM 37295 b
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

HB2341 Engrossed - 4 - LRB098 07233 MGM 37295 b
(1) 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, (2) members
of organizations, such as fraternities and sororities, other
than the individual who calls for emergency medical assistance
and is otherwise provided immunity by this subsection (i), or
(3) individuals engaged in hazing. 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.

HB2341 Engrossed - 5 - LRB098 07233 MGM 37295 b
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.