(740 ILCS 120/1)

(from Ch. 70, par. 601)

Sec. 1.

This Act shall be known and may be cited as the

Parental Right of Recovery Act.

(Source: P.A. 84‑1041.)

(740 ILCS 120/2)

(from Ch. 70, par. 602)

Sec. 2.

For the purpose of this Act, unless the context clearly requires otherwise:

(1) "Illegal drug" means (i) any substance as defined and included in the Schedules of Article II of the Illinois Controlled Substances Act, (ii) any cannabis as defined in Section 3 of the Cannabis Control Act, or (iii) any drug as defined in paragraph (b) of Section 3 of the Pharmacy Practice Act of 1987 which is obtained without a prescription or otherwise in violation of the law.

(2) "Minor" means a person who has not attained age 18.

(3) "Legal guardian" means a person appointed guardian, or given custody, of a minor by a circuit court of this State, but does not include a person appointed guardian, or given custody, of a minor under the Juvenile Court Act or the Juvenile Court Act of 1987.

(4) "Parent" means any natural or adoptive parent of a minor.

(5) "Person" means any natural person, corporation, association, partnership or other organization.

(6) "Prescription" means any order for drugs, written or verbal, by a physician, dentist, veterinarian or other person authorized to prescribe drugs within the limits of his license, containing the following: (1) Name of the patient; (2) date when prescription was given; (3) name and strength of drug prescribed; (4) quantity, directions for use, prescriber's name, address and signature, and the United States Drug Enforcement Agency number where required, for controlled substances.

(7) "Sale or transfer" means the actual or constructive transfer of possession of an illegal drug, with or without consideration, whether directly or through an agent.

(Source: P.A. 85‑1209.)

(740 ILCS 120/3)

(from Ch. 70, par. 603)

Sec. 3.

Any person who (1) sells or transfers an illegal drug to a minor or (2) supplies to a seller or to any other person an illegal drug which ultimately is sold or transferred to a minor, under circumstances where it is reasonably foreseeable that such drug may eventually be sold or transferred to a minor, shall be liable to the parent or legal guardian of the minor to whom such illegal drug is sold or transferred for any damages proximately caused by such sale or transfer. The parent or legal guardian may recover actual damages suffered by the minor, including any costs associated with treatment or rehabilitation of the minor for drug dependency. The parent or legal guardian may also recover actual damages suffered by such parent or legal guardian resulting from the sale or transfer of the illegal drug to the minor, including pain and suffering. In addition, the parent or legal guardian who is awarded actual damages under this Act shall be entitled to punitive damages as determined by the court or the jury as well as attorneys' fees as determined by the court.

(Source: P.A. 84‑1041.)

(740 ILCS 120/4)

(from Ch. 70, par. 604)

Sec. 4.

Persons subject to liability under Section 3 shall be jointly and severally liable.

(Source: P.A. 84‑1041.)