ILCS » Chapter 740 · Act 57
Illinois Compiled Statutes

740 ILCS 57/5 (2026)

Statement of purpose

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(740 ILCS 57/5)
    Sec. 5. Statement of purpose. The purpose of this Act is to provide a civil remedy for damages to persons in a community injured as a result of illegal drug use. These persons include parents, employers, insurers, governmental entities, and others who pay for drug treatment or employee assistance programs, as well as infants injured as a result of exposure to drugs in utero ("drug babies"). This Act will enable them to recover damages from those persons in the community who have joined the illegal drug market. A further purpose of the Act is to shift, to the extent possible, the cost of the damage caused by the existence of the illegal drug market in a community to those who illegally profit from that market. The further purpose of the Act is to establish the prospect of substantial monetary loss as a deterrent to those who have not yet entered into the illegal drug distribution market. The further purpose is to establish an incentive for drug users to identify and seek payment for their own drug treatment from those dealers who have sold drugs to the user in the past.
(Source: P.A. 89-293, eff. 1-1-96.)

    
Notes of Decisions
Cited in 4 cases, 2004–2019 · leading case: Wingert v. Hradisky, 2019 IL 123201.
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Wingert v. Hradisky, 2019 IL 123201. · cites it 3× “” 740 ILCS 57/5 (West 2016). ¶6 Persons who may bring an action for damages include: “(1) A parent, legal guardian, child, spouse or sibling of the individual drug user.”
Westfield Nat'l Ins. v. Long, 811 N.E.2d 776 (Ill. App. Ct. 2d Dist. 2004). · cites it 2× “Plaintiffs filed this suit against defendant, their insured, for a declaration (see 735 ILCS 5/2 — 701 (West 2002)) that they have no duty to defend or indemnify him in an underlying suit alleging defendant’s liability under the Drug Dealer Liability Act (the Act) (740 ILCS 57/5…”
Wingert v. Hradisky, 2019 IL 123201, 131 N.E.3d 535. · cites it 3× “” 740 ILCS 57/5 (West 2016). ¶6 Persons who may bring an action for damages include: “(1) A parent, legal guardian, child, spouse or sibling of the individual drug user.”
Westfield Nat'l Ins. Co. v. Long - Corrected opinion posted 2/7/07, No. 2-03-0556 Rel (Ill. App. Ct. 2d Dist. June 10, 2004). · cites it 2× “Plaintiffs filed this suit against defendant, their insured, for a declaration (see 735 ILCS 5/2--701 (West 2002)) that they have no duty to defend or indemnify him in an underlying suit alleging defendant's liability under the Drug Dealer Liability Act (the Act) (740 ILCS 57/5…”
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