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New Drinking Law Stiffens Parent Liability

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A law taking effect Jan. 1 will crack down on parents who allow minors to drink anywhere on their property, expanding on the current law that specifies it is illegal to let minors drink at their home. 

The law, which Amends the Liquor Control Act of 1934 — Public Act 97-1049 —makes it a misdemeanor carrying a $500 fine for any adult to knowingly permit minors under the age of 21 to drink alcohol on their property or in their home. If the violation results in bodily harm or death, the adult will be charged with a Class 4 felony.

The provision also strikes the requirement that the person in the home knows about the underage drinking activity.

In addition, a parent or guardian who knowingly allows a minor to use their property in a way that violates the act's prohibited sales and possession provisions is guilty of a Class A misdemeanor.

DUI attorney Donald Ramsell, of Ramsell & Associates, said the law goes too far in its attempt to punish parents when teenagers drink, forcing them to act like police officers any time teenagers visit their homes. 

"The old law carried penalties only when parents actually authorized the drinking or actually knew it was occurring. This new law would put a parent in jail for up to 1 year simply because they failed to prevent underage drinking on their properties," he said. 

If an adult calls the police for assistance with getting rid of anyone breaking the rules on their property, he or she would not be in violation of the act, according to the release. 

Read the legislation on the Illinois General Assembly Web site.


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