Overview of legislation

Beginning as a campus-wide act, the Alcohol Poisoning Immunity Bill, HB2341, has grown into what may soon be state-wide legislation. While the bill currently stands as the “unwritten code” for the University, former Illinois Student Body President Brock Gebhardt wished to solidify this code, which is currently up to police officers’ discretion when they respond to an underage drinking-related call, Gebhardt said. The law would amend the Liquor Control Act of 1934 and apply to anyone under the age of 21. The bill provides immunity from prosecution for alcohol poisoning victims or people seeking help for the victims. He hopes that the bill will redistribute the risks associated with seeking treatment for those in distress. Rep. Naomi Jakobsson, D-103, hopes that more students will take a step further and encourage underage drinkers to be careful when drinking. Gebhardt said no one should ever have to face a decision in which he would put his own and others’ futures in jeopardy over something so insignificant. 

Where the bill now stands 

After passing the rules committee, the bill was amended and discharged for full consideration by the Illinois House of Representatives. The bill has been called for the third reading and can now be considered at anytime by the House, which is up to the Speaker of the House. University Police Department Deputy Chief Skip Frost said the bill currently follows the University’s unwritten policy, adding that the police’s interest is not in citing underage drinkers. The police department uses its relationship with the Alcohol and Other Drug Office to document contact through either an alcohol incapacitation form or a referral form where offenders would be recommended counseling to discuss their choices regarding alcohol. Jakobsson said she has picked up new sponsors on the bill but is now lobbying other representatives for their votes on the bill. Additionally, she has asked students to reach out to their home district legislators for their support.

To whom it applies/legal ramifications

The bill’s current form stipulates that the immunity is not available to parents if the parents served the alcohol to affected minors, Gebhardt said. Individuals who call for help are protected under the amnesty act; however, underage drinkers at the party not suffering from alcohol poisoning are not. Jakobsson said the bill does not grant immunity to “members of organizations, for example fraternities and sororities, who might knowingly be getting people drunk, or giving them too much alcohol.” On a busy weekend, such as during a home football game or Halloween weekend, the police department encounters 10 to 15 people suffering from alcohol poisoning and three to five people during a regular weekend, said Frost. If someone is cited for underage alcohol consumption while not suffering from alcohol poisoning, they will typically receive a notice to appear for a municipal violation either in the city of Champaign or Urbana and receive a $330 fine, Frost said.

Eleanor and Megan can be reached at [email protected]