093_HB1548eng HB1548 Engrossed LRB093 09149 MBS 09381 b 1 AN ACT concerning minors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Sections 5-615 and 5-710 as follows: 6 (705 ILCS 405/5-615) 7 Sec. 5-615. Continuance under supervision. 8 (1) The court may enter an order of continuance under 9 supervision for an offense other than first degree murder, a 10 Class X felony or a forcible felony (a) upon an admission or 11 stipulation by the appropriate respondent or minor respondent 12 of the facts supporting the petition and before proceeding to 13 adjudication, or after hearing the evidence at the trial, and 14 (b) in the absence of objection made in open court by the 15 minor, his or her parent, guardian, or legal custodian, the 16 minor's attorney or the State's Attorney. 17 (2) If the minor, his or her parent, guardian, or legal 18 custodian, the minor's attorney or State's Attorney objects 19 in open court to any continuance and insists upon proceeding 20 to findings and adjudication, the court shall so proceed. 21 (3) Nothing in this Section limits the power of the 22 court to order a continuance of the hearing for the 23 production of additional evidence or for any other proper 24 reason. 25 (4) When a hearing where a minor is alleged to be a 26 delinquent is continued pursuant to this Section, the period 27 of continuance under supervision may not exceed 24 months. 28 The court may terminate a continuance under supervision at 29 any time if warranted by the conduct of the minor and the 30 ends of justice. 31 (5) When a hearing where a minor is alleged to be HB1548 Engrossed -2- LRB093 09149 MBS 09381 b 1 delinquent is continued pursuant to this Section, the court 2 may, as conditions of the continuance under supervision, 3 require the minor to do any of the following: 4 (a) not violate any criminal statute of any 5 jurisdiction; 6 (b) make a report to and appear in person before 7 any person or agency as directed by the court; 8 (c) work or pursue a course of study or vocational 9 training; 10 (d) undergo medical or psychotherapeutic treatment 11 rendered by a therapist licensed under the provisions of 12 the Medical Practice Act of 1987, the Clinical 13 Psychologist Licensing Act, or the Clinical Social Work 14 and Social Work Practice Act, or an entity licensed by 15 the Department of Human Services as a successor to the 16 Department of Alcoholism and Substance Abuse, for the 17 provision of drug addiction and alcoholism treatment; 18 (e) attend or reside in a facility established for 19 the instruction or residence of persons on probation; 20 (f) support his or her dependents, if any; 21 (g) pay costs; 22 (h) refrain from possessing a firearm or other 23 dangerous weapon, or an automobile; 24 (i) permit the probation officer to visit him or 25 her at his or her home or elsewhere; 26 (j) reside with his or her parents or in a foster 27 home; 28 (k) attend school; 29 (k-5) with the consent of the superintendent of the 30 facility, attend an educational program at a facility 31 other than the school in which the offense was committed 32 if he or she committed a crime of violence as defined in 33 Section 2 of the Crime Victims Compensation Act in a 34 school, on the real property comprising a school, or HB1548 Engrossed -3- LRB093 09149 MBS 09381 b 1 within 1,000 feet of the real property comprising a 2 school; 3 (l) attend a non-residential program for youth; 4 (m) contribute to his or her own support at home or 5 in a foster home; 6 (n) perform some reasonable public or community 7 service; 8 (o) make restitution to the victim, in the same 9 manner and under the same conditions as provided in 10 subsection (4) of Section 5-710, except that the 11 "sentencing hearing" referred to in that Section shall be 12 the adjudicatory hearing for purposes of this Section; 13 (p) comply with curfew requirements as designated 14 by the court; 15 (q) refrain from entering into a designated 16 geographic area except upon terms as the court finds 17 appropriate. The terms may include consideration of the 18 purpose of the entry, the time of day, other persons 19 accompanying the minor, and advance approval by a 20 probation officer; 21 (r) refrain from having any contact, directly or 22 indirectly, with certain specified persons or particular 23 types of persons, including but not limited to members of 24 street gangs and drug users or dealers; 25 (r-5) undergo a medical or other procedure to have 26 a tattoo symbolizing allegiance to a street gang removed 27 from his or her body; 28 (s) refrain from having in his or her body the 29 presence of any illicit drug prohibited by the Cannabis 30 Control Act or the Illinois Controlled Substances Act, 31 unless prescribed by a physician, and submit samples of 32 his or her blood or urine or both for tests to determine 33 the presence of any illicit drug; or 34 (t) comply with any other conditions as may be HB1548 Engrossed -4- LRB093 09149 MBS 09381 b 1 ordered by the court. 2 (6) A minor whose case is continued under supervision 3 under subsection (5) shall be given a certificate setting 4 forth the conditions imposed by the court. Those conditions 5 may be reduced, enlarged, or modified by the court on motion 6 of the probation officer or on its own motion, or that of the 7 State's Attorney, or, at the request of the minor after 8 notice and hearing. 9 (7) If a petition is filed charging a violation of a 10 condition of the continuance under supervision, the court 11 shall conduct a hearing. If the court finds that a condition 12 of supervision has not been fulfilled, the court may proceed 13 to findings and adjudication and disposition. The filing of 14 a petition for violation of a condition of the continuance 15 under supervision shall toll the period of continuance under 16 supervision until the final determination of the charge, and 17 the term of the continuance under supervision shall not run 18 until the hearing and disposition of the petition for 19 violation; provided where the petition alleges conduct that 20 does not constitute a criminal offense, the hearing must be 21 held within 30 days of the filing of the petition unless a 22 delay shall continue the tolling of the period of continuance 23 under supervision for the period of the delay. 24 (8) When a hearing in which a minor is alleged to be a 25 delinquent for reasons that include a violation of Section 26 21-1.3 of the Criminal Code of 1961 is continued under this 27 Section, the court shall, as a condition of the continuance 28 under supervision, require the minor to perform community 29 service for not less than 30 and not more than 120 hours, if 30 community service is available in the jurisdiction. The 31 community service shall include, but need not be limited to, 32 the cleanup and repair of the damage that was caused by the 33 alleged violation or similar damage to property located in 34 the municipality or county in which the alleged violation HB1548 Engrossed -5- LRB093 09149 MBS 09381 b 1 occurred. The condition may be in addition to any other 2 condition. 3 (8.5) When a hearing in which a minor is alleged to be a 4 delinquent for reasons that include a violation of Section 5 3.02 or Section 3.03 of the Humane Care for Animals Act or 6 paragraph (d) of subsection (1) of Section 21-1 of the 7 Criminal Code of 1961 is continued under this Section, the 8 court shall, as a condition of the continuance under 9 supervision, require the minor to undergo medical or 10 psychiatric treatment rendered by a psychiatrist or 11 psychological treatment rendered by a clinical psychologist. 12 The condition may be in addition to any other condition. 13 (9) When a hearing in which a minor is alleged to be a 14 delinquent is continued under this Section, the court, before 15 continuing the case, shall make a finding whether the offense 16 alleged to have been committed either: (i) was related to or 17 in furtherance of the activities of an organized gang or was 18 motivated by the minor's membership in or allegiance to an 19 organized gang, or (ii) is a violation of paragraph (13) of 20 subsection (a) of Section 12-2 of the Criminal Code of 1961, 21 a violation of any Section of Article 24 of the Criminal Code 22 of 1961, or a violation of any statute that involved the 23 unlawful use of a firearm. If the court determines the 24 question in the affirmative the court shall, as a condition 25 of the continuance under supervision and as part of or in 26 addition to any other condition of the supervision, require 27 the minor to perform community service for not less than 30 28 hours, provided that community service is available in the 29 jurisdiction and is funded and approved by the county board 30 of the county where the offense was committed. The community 31 service shall include, but need not be limited to, the 32 cleanup and repair of any damage caused by an alleged 33 violation of Section 21-1.3 of the Criminal Code of 1961 and 34 similar damage to property located in the municipality or HB1548 Engrossed -6- LRB093 09149 MBS 09381 b 1 county in which the alleged violation occurred. When 2 possible and reasonable, the community service shall be 3 performed in the minor's neighborhood. For the purposes of 4 this Section, "organized gang" has the meaning ascribed to it 5 in Section 10 of the Illinois Streetgang Terrorism Omnibus 6 Prevention Act. 7 (10) The court shall impose upon a minor placed on 8 supervision, as a condition of the supervision, a fee of $25 9 for each month of supervision ordered by the court, unless 10 after determining the inability of the minor placed on 11 supervision to pay the fee, the court assesses a lesser 12 amount. The court may not impose the fee on a minor who is 13 made a ward of the State under this Act while the minor is in 14 placement. The fee shall be imposed only upon a minor who is 15 actively supervised by the probation and court services 16 department. A court may order the parent, guardian, or legal 17 custodian of the minor to pay some or all of the fee on the 18 minor's behalf. 19 (11) If a minor is placed on supervision for a violation 20 of subsection (b) of Section 1 of the Prevention of Tobacco 21 Use by Minors Act, the court may, in its discretion, and upon 22 recommendation by the State's Attorney, order that minor and 23 his or her parents or legal guardian to attend a smoker's 24 education or youth diversion program as defined in that Act 25 if that program is available in the jurisdiction where the 26 offender resides. Attendance at a smoker's education or 27 youth diversion program shall be time-credited against any 28 community service time imposed for any first violation of 29 subsection (b) of Section 1 of that Act. In addition to any 30 other penalty that the court may impose for a violation of 31 subsection (b) of Section 1 of that Act, the court, upon 32 request by the State's Attorney, may, in its discretion, 33 require the offender to remit a fee for his or her attendance 34 at a smoker's education or youth diversion program. HB1548 Engrossed -7- LRB093 09149 MBS 09381 b 1 For purposes of this Section, "smoker's education 2 program" or "youth diversion program" includes, but is not 3 limited to, a seminar designed to educate a person on the 4 physical and psychological effects of smoking tobacco 5 products and the health consequences of smoking tobacco 6 products that can be conducted with a locality's youth 7 diversion program. 8 In addition to any other penalty that the court may 9 impose under this subsection (11): 10 (a) If a minor violates subsection (b) of Section 1 of 11 the Prevention of Tobacco Use by Minors Act, the court may 12 impose a sentence of 15 hours of community service or a fine 13 of $25 for a first violation. 14 (b) A second violation by a minor of subsection (b) of 15 Section 1 of that Act that occurs within 12 months after the 16 first violation is punishable by a fine of $50 and 25 hours 17 of community service. 18 (c) A third or subsequent violation by a minor of 19 subsection (b) of Section 1 of that Act that occurs within 12 20 months after the first violation is punishable by a $100 fine 21 and 30 hours of community service. 22 (d) Any second or subsequent violation not within the 23 12-month time period after the first violation is punishable 24 as provided for a first violation. 25 (Source: P.A. 91-98; eff. 1-1-00; 91-332, eff. 7-29-99; 26 92-16, eff. 6-28-01; 92-282, eff. 8-7-01; 92-454, eff. 27 1-1-02; 92-651, eff. 7-11-02.) 28 (705 ILCS 405/5-710) 29 Sec. 5-710. Kinds of sentencing orders. 30 (1) The following kinds of sentencing orders may be made 31 in respect of wards of the court: 32 (a) Except as provided in Sections 5-805, 5-810, 33 5-815, a minor who is found guilty under Section 5-620 HB1548 Engrossed -8- LRB093 09149 MBS 09381 b 1 may be: 2 (i) put on probation or conditional discharge 3 and released to his or her parents, guardian or 4 legal custodian, provided, however, that any such 5 minor who is not committed to the Department of 6 Corrections, Juvenile Division under this subsection 7 and who is found to be a delinquent for an offense 8 which is first degree murder, a Class X felony, or a 9 forcible felony shall be placed on probation; 10 (ii) placed in accordance with Section 5-740, 11 with or without also being put on probation or 12 conditional discharge; 13 (iii) required to undergo a substance abuse 14 assessment conducted by a licensed provider and 15 participate in the indicated clinical level of care; 16 (iv) placed in the guardianship of the 17 Department of Children and Family Services, but only 18 if the delinquent minor is under 13 years of age; 19 (v) placed in detention for a period not to 20 exceed 30 days, either as the exclusive order of 21 disposition or, where appropriate, in conjunction 22 with any other order of disposition issued under 23 this paragraph, provided that any such detention 24 shall be in a juvenile detention home and the minor 25 so detained shall be 10 years of age or older. 26 However, the 30-day limitation may be extended by 27 further order of the court for a minor under age 13 28 committed to the Department of Children and Family 29 Services if the court finds that the minor is a 30 danger to himself or others. The minor shall be 31 given credit on the sentencing order of detention 32 for time spent in detention under Sections 5-501, 33 5-601, 5-710, or 5-720 of this Article as a result 34 of the offense for which the sentencing order was HB1548 Engrossed -9- LRB093 09149 MBS 09381 b 1 imposed. The court may grant credit on a sentencing 2 order of detention entered under a violation of 3 probation or violation of conditional discharge 4 under Section 5-720 of this Article for time spent 5 in detention before the filing of the petition 6 alleging the violation. A minor shall not be 7 deprived of credit for time spent in detention 8 before the filing of a violation of probation or 9 conditional discharge alleging the same or related 10 act or acts; 11 (vi) ordered partially or completely 12 emancipated in accordance with the provisions of the 13 Emancipation of Mature Minors Act; 14 (vii) subject to having his or her driver's 15 license or driving privileges suspended for such 16 time as determined by the court but only until he or 17 she attains 18 years of age; 18 (viii) put on probation or conditional 19 discharge and placed in detention under Section 20 3-6039 of the Counties Code for a period not to 21 exceed the period of incarceration permitted by law 22 for adults found guilty of the same offense or 23 offenses for which the minor was adjudicated 24 delinquent, and in any event no longer than upon 25 attainment of age 21; this subdivision (viii) 26 notwithstanding any contrary provision of the law; 27 or 28 (ix) ordered to undergo a medical or other 29 procedure to have a tattoo symbolizing allegiance to 30 a street gang removed from his or her body. 31 (b) A minor found to be guilty may be committed to 32 the Department of Corrections, Juvenile Division, under 33 Section 5-750 if the minor is 13 years of age or older, 34 provided that the commitment to the Department of HB1548 Engrossed -10- LRB093 09149 MBS 09381 b 1 Corrections, Juvenile Division, shall be made only if a 2 term of incarceration is permitted by law for adults 3 found guilty of the offense for which the minor was 4 adjudicated delinquent. The time during which a minor is 5 in custody before being released upon the request of a 6 parent, guardian or legal custodian shall be considered 7 as time spent in detention. 8 (c) When a minor is found to be guilty for an 9 offense which is a violation of the Illinois Controlled 10 Substances Act or the Cannabis Control Act and made a 11 ward of the court, the court may enter a disposition 12 order requiring the minor to undergo assessment, 13 counseling or treatment in a substance abuse program 14 approved by the Department of Human Services. 15 (2) Any sentencing order other than commitment to the 16 Department of Corrections, Juvenile Division, may provide for 17 protective supervision under Section 5-725 and may include an 18 order of protection under Section 5-730. 19 (3) Unless the sentencing order expressly so provides, 20 it does not operate to close proceedings on the pending 21 petition, but is subject to modification until final closing 22 and discharge of the proceedings under Section 5-750. 23 (4) In addition to any other sentence, the court may 24 order any minor found to be delinquent to make restitution, 25 in monetary or non-monetary form, under the terms and 26 conditions of Section 5-5-6 of the Unified Code of 27 Corrections, except that the "presentencing hearing" referred 28 to in that Section shall be the sentencing hearing for 29 purposes of this Section. The parent, guardian or legal 30 custodian of the minor may be ordered by the court to pay 31 some or all of the restitution on the minor's behalf, 32 pursuant to the Parental Responsibility Law. The State's 33 Attorney is authorized to act on behalf of any victim in 34 seeking restitution in proceedings under this Section, up to HB1548 Engrossed -11- LRB093 09149 MBS 09381 b 1 the maximum amount allowed in Section 5 of the Parental 2 Responsibility Law. 3 (5) Any sentencing order where the minor is committed or 4 placed in accordance with Section 5-740 shall provide for the 5 parents or guardian of the estate of the minor to pay to the 6 legal custodian or guardian of the person of the minor such 7 sums as are determined by the custodian or guardian of the 8 person of the minor as necessary for the minor's needs. The 9 payments may not exceed the maximum amounts provided for by 10 Section 9.1 of the Children and Family Services Act. 11 (6) Whenever the sentencing order requires the minor to 12 attend school or participate in a program of training, the 13 truant officer or designated school official shall regularly 14 report to the court if the minor is a chronic or habitual 15 truant under Section 26-2a of the School Code. 16 (7) In no event shall a guilty minor be committed to the 17 Department of Corrections, Juvenile Division for a period of 18 time in excess of that period for which an adult could be 19 committed for the same act. 20 (8) A minor found to be guilty for reasons that include 21 a violation of Section 21-1.3 of the Criminal Code of 1961 22 shall be ordered to perform community service for not less 23 than 30 and not more than 120 hours, if community service is 24 available in the jurisdiction. The community service shall 25 include, but need not be limited to, the cleanup and repair 26 of the damage that was caused by the violation or similar 27 damage to property located in the municipality or county in 28 which the violation occurred. The order may be in addition 29 to any other order authorized by this Section. 30 (8.5) A minor found to be guilty for reasons that 31 include a violation of Section 3.02 or Section 3.03 of the 32 Humane Care for Animals Act or paragraph (d) of subsection 33 (1) of Section 21-1 of the Criminal Code of 1961 shall be 34 ordered to undergo medical or psychiatric treatment rendered HB1548 Engrossed -12- LRB093 09149 MBS 09381 b 1 by a psychiatrist or psychological treatment rendered by a 2 clinical psychologist. The order may be in addition to any 3 other order authorized by this Section. 4 (9) In addition to any other sentencing order, the court 5 shall order any minor found to be guilty for an act which 6 would constitute, predatory criminal sexual assault of a 7 child, aggravated criminal sexual assault, criminal sexual 8 assault, aggravated criminal sexual abuse, or criminal sexual 9 abuse if committed by an adult to undergo medical testing to 10 determine whether the defendant has any sexually 11 transmissible disease including a test for infection with 12 human immunodeficiency virus (HIV) or any other identified 13 causative agency of acquired immunodeficiency syndrome 14 (AIDS). Any medical test shall be performed only by 15 appropriately licensed medical practitioners and may include 16 an analysis of any bodily fluids as well as an examination of 17 the minor's person. Except as otherwise provided by law, the 18 results of the test shall be kept strictly confidential by 19 all medical personnel involved in the testing and must be 20 personally delivered in a sealed envelope to the judge of the 21 court in which the sentencing order was entered for the 22 judge's inspection in camera. Acting in accordance with the 23 best interests of the victim and the public, the judge shall 24 have the discretion to determine to whom the results of the 25 testing may be revealed. The court shall notify the minor of 26 the results of the test for infection with the human 27 immunodeficiency virus (HIV). The court shall also notify 28 the victim if requested by the victim, and if the victim is 29 under the age of 15 and if requested by the victim's parents 30 or legal guardian, the court shall notify the victim's 31 parents or the legal guardian, of the results of the test for 32 infection with the human immunodeficiency virus (HIV). The 33 court shall provide information on the availability of HIV 34 testing and counseling at the Department of Public Health HB1548 Engrossed -13- LRB093 09149 MBS 09381 b 1 facilities to all parties to whom the results of the testing 2 are revealed. The court shall order that the cost of any 3 test shall be paid by the county and may be taxed as costs 4 against the minor. 5 (10) When a court finds a minor to be guilty the court 6 shall, before entering a sentencing order under this Section, 7 make a finding whether the offense committed either: (a) was 8 related to or in furtherance of the criminal activities of an 9 organized gang or was motivated by the minor's membership in 10 or allegiance to an organized gang, or (b) involved a 11 violation of subsection (a) of Section 12-7.1 of the Criminal 12 Code of 1961, a violation of any Section of Article 24 of the 13 Criminal Code of 1961, or a violation of any statute that 14 involved the wrongful use of a firearm. If the court 15 determines the question in the affirmative, and the court 16 does not commit the minor to the Department of Corrections, 17 Juvenile Division, the court shall order the minor to perform 18 community service for not less than 30 hours nor more than 19 120 hours, provided that community service is available in 20 the jurisdiction and is funded and approved by the county 21 board of the county where the offense was committed. The 22 community service shall include, but need not be limited to, 23 the cleanup and repair of any damage caused by a violation of 24 Section 21-1.3 of the Criminal Code of 1961 and similar 25 damage to property located in the municipality or county in 26 which the violation occurred. When possible and reasonable, 27 the community service shall be performed in the minor's 28 neighborhood. This order shall be in addition to any other 29 order authorized by this Section except for an order to place 30 the minor in the custody of the Department of Corrections, 31 Juvenile Division. For the purposes of this Section, 32 "organized gang" has the meaning ascribed to it in Section 10 33 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 34 (11) If a minor is found to be guilty of a violation of HB1548 Engrossed -14- LRB093 09149 MBS 09381 b 1 subsection (b) of Section 1 of the Prevention of Tobacco Use 2 by Minors Act, the court may, in its discretion, and upon 3 recommendation by the State's Attorney, order that minor and 4 his or her parents or legal guardian to attend a smoker's 5 education or youth diversion program as defined in that Act 6 if that program is available in the jurisdiction where the 7 offender resides. Attendance at a smoker's education or 8 youth diversion program shall be time-credited against any 9 community service time imposed for any first violation of 10 subsection (b) of Section 1 of that Act. In addition to any 11 other penalty that the court may impose for a violation of 12 subsection (b) of Section 1 of that Act, the court, upon 13 request by the State's Attorney, may, in its discretion, 14 require the offender to remit a fee for his or her attendance 15 at a smoker's education or youth diversion program. 16 For purposes of this Section, "smoker's education 17 program" or "youth diversion program" includes, but is not 18 limited to, a seminar designed to educate a person on the 19 physical and psychological effects of smoking tobacco 20 products and the health consequences of smoking tobacco 21 products that can be conducted with a locality's youth 22 diversion program. 23 In addition to any other penalty that the court may 24 impose under this subsection (11): 25 (a) If a minor violates subsection (b) of Section 1 of 26 the Prevention of Tobacco Use by Minors Act, the court may 27 impose a sentence of 15 hours of community service or a fine 28 of $25 for a first violation. 29 (b) A second violation by a minor of subsection (b) of 30 Section 1 of that Act that occurs within 12 months after the 31 first violation is punishable by a fine of $50 and 25 hours 32 of community service. 33 (c) A third or subsequent violation by a minor of 34 subsection (b) of Section 1 of that Act that occurs within 12 HB1548 Engrossed -15- LRB093 09149 MBS 09381 b 1 months after the first violation is punishable by a $100 fine 2 and 30 hours of community service. 3 (d) Any second or subsequent violation not within the 4 12-month time period after the first violation is punishable 5 as provided for a first violation. 6 (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02.) 7 Section 10. The Sale of Tobacco to Minors Act is amended 8 by changing the title of the Act and Sections 0.01, 1, and 2 9 as follows: 10 (720 ILCS 675/Act title) 11 "An Act to prohibit minors from buying,orselling, or 12 possessing tobacco in any of its forms, to prohibit selling, 13 giving or furnishing tobacco, in any of its forms, to minors, 14 and providing penalties therefor. 15 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9) 16 Sec. 0.01. Short title. This Act may be cited as the 17 Prevention of Tobacco Use bySale of Tobacco toMinors Act. 18 (Source: P.A. 86-1324.) 19 (720 ILCS 675/1) (from Ch. 23, par. 2357) 20 Sec. 1. Sale to and possession by minors of tobacco 21 prohibited. 22 (a) No minor under 18 years of age shall buy any cigar, 23 cigarette, smokeless tobacco or tobacco in any of its forms. 24 No person shall sell, buy for, distribute samples of or 25 furnish any cigar, cigarette, smokeless tobacco or tobacco in 26 any of its forms, to any minor under 18 years of age. 27 (b) No minor under 18 years of age shall possess any 28 cigar, cigarette, smokeless tobacco, or tobacco in any of its 29 forms. 30 (c) For the purpose of this Section, "smokeless tobacco" HB1548 Engrossed -16- LRB093 09149 MBS 09381 b 1 means any tobacco products that are suitable for dipping or 2 chewing. 3 (d) Tobacco products listed in this Sectionabovemay be 4 sold through a vending machine only in the following 5 locations: 6 (1) Factories, businesses, offices, private clubs, 7 and other places not open to the general public. 8 (2) Places to which minors under 18 years of age 9 are not permitted access. 10 (3) Places where alcoholic beverages are sold and 11 consumed on the premises. 12 (4) Places where the vending machine is under the 13 direct supervision of the owner of the establishment or 14 an employee over 18 years of age. The sale of tobacco 15 products from a vending machine under direct supervision 16 of the owner or an employee of the establishment is 17 considered a sale of tobacco products by that person. As 18 used in this subdivision, "direct supervision" means that 19 the owner or employee has an unimpeded line of sight to 20 the vending machine. 21 (5) Places where the vending machine can only be 22 operated by the owner or an employee over age 18 either 23 directly or through a remote control device if the device 24 is inaccessible to all customers. 25 (Source: P.A. 89-181, eff. 7-19-95.) 26 (720 ILCS 675/2) (from Ch. 23, par. 2358) 27 Sec. 2. (a) Any person who violates subsection (a) of 28 Section 1any provisionof this Act is guilty of a petty 29 offense and for the first offense shall be fined $200, $400 30 for the second offense in a 12-month period, and $600 for the 31 third or any subsequent offense in a 12-month period. 32 (b) If a minor violates subsection (b) of Section 1, the 33 court may impose a sentence of 15 hours of community service HB1548 Engrossed -17- LRB093 09149 MBS 09381 b 1 or a fine of $25 for a first violation. 2 (c) A second violation by a minor of subsection (b) of 3 Section 1 that occurs within 12 months after the first 4 violation is punishable by a fine of $50 and 25 hours of 5 community service. 6 (d) A third or subsequent violation by a minor of 7 subsection (b) of Section 1 that occurs within 12 months 8 after the first violation is punishable by a $100 fine and 30 9 hours of community service. 10 (e) Any second or subsequent violation not within the 11 12-month time period after the first violation is punishable 12 as provided for a first violation. 13 (f) If a minor is convicted of or placed on supervision 14 for a violation of subsection (b) of Section 1, the court 15 may, in its discretion, and upon recommendation by the 16 State's Attorney, order that minor and his or her parents or 17 legal guardian to attend a smoker's education or youth 18 diversion program if that program is available in the 19 jurisdiction where the offender resides. Attendance at a 20 smoker's education or youth diversion program shall be 21 time-credited against any community service time imposed for 22 any first violation of subsection (b) of Section 1. In 23 addition to any other penalty that the court may impose for a 24 violation of subsection (b) of Section 1, the court, upon 25 request by the State's Attorney, may, in its discretion, 26 require the offender to remit a fee for his or her attendance 27 at a smoker's education or youth diversion program. 28 (g) For purposes of this Section, "smoker's education 29 program" or "youth diversion program" includes, but is not 30 limited to, a seminar designed to educate a person on the 31 physical and psychological effects of smoking tobacco 32 products and the health consequences of smoking tobacco 33 products that can be conducted with a locality's youth 34 diversion program. HB1548 Engrossed -18- LRB093 09149 MBS 09381 b 1 (h) All moneys collected as fines for violations of 2 subsection (a) of Section 1 shall be distributed in the 3 following manner: 4 (1) one-half of each fine shall be distributed to 5 the unit of local government or other entity that 6 successfully prosecuted the offender; and 7 (2) one-half shall be remitted to the State to be 8 used for enforcing this Act.One-half of each fine9collected under this Section shall be distributed to the10unit of local government or other entity that11successfully prosecuted the offender and one-half shall12be remitted to the State to be used for enforcing this13Act.14 (Source: P.A. 88-418.)