State Representative Norine Hammond’s legislation which amends the Drug or Alcohol Impaired Minor Responsibility Act went into law Tuesday after being signed by the governor.
The Macomb Republican’s measure provides that a person, or their surviving spouse and next of kin, who is injured by an intoxicated person under age 18 has a right of action for damages against any person over age 18 who willfully permitted consumption of the alcohol or illegal drugs on any premises (rather than only on non-residential premises) they owned or controlled.
This bill came from a situation in the Sponsor’s district where parents habitually let their teenager and friends drink alcohol in their home. After celebrating the daughter’s 16th birthday, one of her friends drove home and lost control of his vehicle, killing him and a 15-year old friend. As the law is currently written, parents are not responsible so long as they do not provide the alcohol and they can simply deny that they knew there was underage drinking in their house. The Sponsor’s intent with this change is to prevent this from happening in the future by making a homeowner liable for permitting underage drinking at a residence they own or control.
Parents in some states can be liable even if they were not aware that drinking was going on in their home, according to the Associated Press. Eight states have “social host” laws that make parents liable if underage guests in their home are drinking, even if no harm comes to anyone.
Dean Abbott – Radio Communications Manager
Office of Illinois House Republicans
