ILLINOIS PARENTS CIVILLY LIABLE UNDER PROPOSED DRUG LAW

Illinois parents who know their children are using illegal drugs but take
no action to stop it could find themselves facing a civil lawsuit, if
legislation unveiled Thursday is approved.

Called by supporters "The Parents Empowerment Act," the proposed law would
make it easier to recover civil damages when people are injured, killed or
have property damaged by a juvenile who is under the influence of an
illegal drug.

Anyone who supplies drugs to a minor could be held civilly liable,
according to the legislation, and that extends to individuals and
businesses that permit illegal drug use on property under their control,
even if they do not directly sell, give or deliver the drugs.

Senate Bill 1964 does not cover incidents involving alcohol.

"This sends a message to parents and other adults that supply drugs for our
teens that they are going to have to take responsibility - even if it
results in a lawsuit," said state Rep. Raymond Poe.

Poe and state Sen. Larry Bomke, both R-Springfield, pushed the measure
during a Statehouse press conference Thursday. Also on hand were members of
the Illinois State Crime Commission.

Charles Schwarting, a commission member, acknowledged that when it comes to
street-corner drug dealers, the threat of civil action may not be enough to
convince them to stop. He noted, however, that different things deter
different people, and the new law is just another tool to fight the problem
of drug use among youngsters.

"It's a way of saying to those in the illegal drug business, and to those
who give those activities a wink and a nod, that we will continue to go
after you any and every way possible," he said.

Schwarting used the example of a youth who is at home using illegal drugs
and then goes out and injures someone, or damages their property. If that
minor's parents knew he or she was using drugs, they could be sued.

Also facing liability under the law would be organizers of public events
that cater to young people. If the organizers know that drugs are being
used on their property and they take no action, they could be held liable,
Schwarting said.

Illinois has had a law on the books since 1996 that allows similar
lawsuits, but there's a lot of red tape. Schwarting said that when the
commission researched the current legislation, not a single example of the
older law being used could be found.

"This streamlines what is already on the books," Bomke said.

State Sen. Patrick J. O'Malley, R-Palos Park, recently introduced the bill,
to be considered by the legislature as early as this fall.

"Drug use among teens is one of our nation's most pressing problems. In
some areas of the state, it is easier to buy drugs as a teenager than it is
to buy alcohol," O'Malley said. "Both are illegal for teenagers and both
can, and do, lead to serious accidents. When adults are supplying the means
for kids to get hurt, they should face the consequences."