99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4212

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 130/24  from Ch. 120, par. 453.24
35 ILCS 135/30  from Ch. 120, par. 453.60
720 ILCS 675/2  from Ch. 23, par. 2358

    Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a violation of the Act involving the sale or distribution of single or loose cigarettes that are not contained within a sealed container, pack, or package to persons who are 18 years of age or older is a petty offense punishable by a fine of not more than $50, which may be satisfied without a court appearance by a written plea of guilty and payment of all applicable fines, penalties, and costs. Amends the Cigarette Tax Act and the Cigarette Use Tax Act to provide that those violations shall be subject only to the penalties provided in the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act.


LRB099 12130 HLH 34837 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4212LRB099 12130 HLH 34837 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cigarette Tax Act is amended by changing
5Section 24 as follows:
 
6    (35 ILCS 130/24)  (from Ch. 120, par. 453.24)
7    (Text of Section before amendment by P.A. 98-1055)
8    Sec. 24. Punishment for sale or possession of packages of
9contraband cigarettes.
10    (a) Possession or sale of 100 or less packages of
11contraband cigarettes. With the exception of licensed
12distributors, licensed secondary distributors, or licensed
13transporters, as defined in Section 9c of this Act, any person
14who has in his or her possession or sells 100 or less original
15packages of contraband cigarettes is guilty of a Class A
16misdemeanor.
17    (b) Possession or sale of more than 100 but less than 251
18packages of contraband cigarettes. With the exception of
19licensed distributors, licensed secondary distributors, or
20licensed transporters, as defined in Section 9c of this Act,
21any person who has in his or her possession or sells more than
22100 but less than 251 original packages of contraband
23cigarettes is guilty of a Class A misdemeanor for a first

 

 

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1offense and a Class 4 felony for each subsequent offense.
2    (c) Possession or sale of more than 250 but less than 1,001
3packages of contraband cigarettes. With the exception of
4licensed distributors, licensed secondary distributors, or
5licensed transporters, as defined in Section 9c of this Act,
6any person who has in his or her possession or sells more than
7250 but less than 1,001 original packages of contraband
8cigarettes is guilty of a Class 4 felony.
9    (d) Possession or sale of more than 1,000 packages of
10contraband cigarettes. With the exception of licensed
11distributors, licensed secondary distributors, or licensed
12transporters, as defined in Section 9c of this Act, any person
13who has in his or her possession or sells more than 1,000
14original packages of contraband cigarettes is guilty of a Class
153 felony.
16    (e) Any person licensed as a distributor, secondary
17distributor, or transporter, as defined in Section 9c of this
18Act, who has in his or her possession or sells 100 or less
19original packages of contraband cigarettes is guilty of a Class
20A misdemeanor.
21    (f) Any person licensed as a distributor, secondary
22distributor, or transporter, as defined in Section 9c of this
23Act, who has in his or her possession or sells more than 100
24original packages of contraband cigarettes is guilty of a Class
254 felony.
26    (g) Notwithstanding subsections (e) through (f), licensed

 

 

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1distributors and transporters, as defined in Section 9c of this
2Act, may possess unstamped packages of cigarettes.
3Notwithstanding subsections (e) through (f), licensed
4distributors may possess cigarettes that bear a tax stamp of
5another state or taxing jurisdiction. Notwithstanding
6subsections (e) through (f), a licensed distributor or licensed
7secondary distributor may possess contraband cigarettes
8returned to the distributor or licensed secondary distributor
9by a retailer if the distributor or licensed secondary
10distributor immediately conducts an inventory of the
11cigarettes being returned, the distributor or licensed
12secondary distributor and the retailer returning the
13contraband cigarettes sign the inventory, the distributor or
14licensed secondary distributor provides a copy of the signed
15inventory to the retailer, and the distributor retains the
16inventory in its books and records and promptly notifies the
17Department of Revenue.
18    (h) Notwithstanding subsections (a) through (d) of this
19Section, a retailer unknowingly possessing contraband
20cigarettes obtained from a licensed distributor or licensed
21secondary distributor or knowingly possessing contraband
22cigarettes obtained from a licensed distributor is not subject
23to penalties under this Section if the retailer, within 48
24hours after discovering that the cigarettes are contraband
25cigarettes, excluding Saturdays, Sundays, and holidays: (i)
26notifies the Department and the licensed distributor or

 

 

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1licensed secondary distributor from whom the cigarettes were
2obtained, orally and in writing, that he or she possesses
3contraband cigarettes obtained from a licensed distributor or
4licensed secondary distributor; (ii) places the contraband
5cigarettes in one or more containers and seals those
6containers; and (iii) places on the containers the following or
7similar language: "Contraband Cigarettes. Not For Sale." All
8contraband cigarettes in the possession of a retailer remain
9subject to forfeiture under the provisions of this Act.
10    (i) Notwithstanding any other provision of law, violations
11of subsection (d) of Section 1 of the Prevention of Tobacco Use
12by Minors and Sale and Distribution of Tobacco Products Act,
13other than violations involving the sale or distribution of a
14tobacco product to a minor under the age of 18, shall be
15subject only to the penalties provided in subsection (g-5) of
16Section 2 of that Act.
17(Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10.)
 
18    (Text of Section after amendment by P.A. 98-1055)
19    Sec. 24. Punishment for sale or possession of packages of
20contraband cigarettes.
21    (a) Possession or sale of 100 or less packages of
22contraband cigarettes. With the exception of licensed
23distributors, licensed secondary distributors, or licensed
24transporters, as defined in Section 9c of this Act, any person
25who has in his or her possession or sells 100 or less original

 

 

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1packages of contraband cigarettes is guilty of a Class A
2misdemeanor and a Class 4 felony for each subsequent offense
3occurring within 12 months of a prior offense.
4    (b) Possession or sale of more than 100 but less than 251
5packages of contraband cigarettes. With the exception of
6licensed distributors, licensed secondary distributors, or
7licensed transporters, as defined in Section 9c of this Act,
8any person who has in his or her possession or sells more than
9100 but less than 251 original packages of contraband
10cigarettes is guilty of a Class A misdemeanor for a first
11offense and a Class 4 felony for each subsequent offense.
12    (c) Possession or sale of more than 250 but less than 1,001
13packages of contraband cigarettes. With the exception of
14licensed distributors, licensed secondary distributors, or
15licensed transporters, as defined in Section 9c of this Act,
16any person who has in his or her possession or sells more than
17250 but less than 1,001 original packages of contraband
18cigarettes is guilty of a Class 4 felony.
19    (d) Possession or sale of more than 1,000 packages of
20contraband cigarettes. With the exception of licensed
21distributors, licensed secondary distributors, or licensed
22transporters, as defined in Section 9c of this Act, any person
23who has in his or her possession or sells more than 1,000
24original packages of contraband cigarettes is guilty of a Class
253 felony.
26    (e) Any person licensed as a distributor, secondary

 

 

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1distributor, or transporter, as defined in Section 9c of this
2Act, who has in his or her possession or sells 100 or less
3original packages of contraband cigarettes is guilty of a Class
4A misdemeanor and a Class 4 felony for each subsequent offense
5occurring within 12 months of a prior offense.
6    (f) Any person licensed as a distributor, secondary
7distributor, or transporter, as defined in Section 9c of this
8Act, who has in his or her possession or sells more than 100
9original packages of contraband cigarettes is guilty of a Class
104 felony.
11    (g) Notwithstanding subsections (e) through (f), licensed
12distributors and transporters, as defined in Section 9c of this
13Act, may possess unstamped packages of cigarettes.
14Notwithstanding subsections (e) through (f), licensed
15distributors may possess cigarettes that bear a tax stamp of
16another state or taxing jurisdiction. Notwithstanding
17subsections (e) through (f), a licensed distributor or licensed
18secondary distributor may possess contraband cigarettes
19returned to the distributor or licensed secondary distributor
20by a retailer if the distributor or licensed secondary
21distributor immediately conducts an inventory of the
22cigarettes being returned, the distributor or licensed
23secondary distributor and the retailer returning the
24contraband cigarettes sign the inventory, the distributor or
25licensed secondary distributor provides a copy of the signed
26inventory to the retailer, and the distributor retains the

 

 

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1inventory in its books and records and promptly notifies the
2Department of Revenue.
3    (h) Notwithstanding subsections (a) through (d) of this
4Section, a retailer unknowingly possessing contraband
5cigarettes obtained from a licensed distributor or licensed
6secondary distributor or knowingly possessing contraband
7cigarettes obtained from a licensed distributor is not subject
8to penalties under this Section if the retailer, within 48
9hours after discovering that the cigarettes are contraband
10cigarettes, excluding Saturdays, Sundays, and holidays: (i)
11notifies the Department and the licensed distributor or
12licensed secondary distributor from whom the cigarettes were
13obtained, orally and in writing, that he or she possesses
14contraband cigarettes obtained from a licensed distributor or
15licensed secondary distributor; (ii) places the contraband
16cigarettes in one or more containers and seals those
17containers; and (iii) places on the containers the following or
18similar language: "Contraband Cigarettes. Not For Sale." All
19contraband cigarettes in the possession of a retailer remain
20subject to forfeiture under the provisions of this Act.
21    Any retailer who knowingly possesses packages of
22cigarettes with a counterfeit stamp with intent to sell is
23guilty of a Class 2 felony. Any retailer who knowingly
24possesses unstamped packages of cigarettes with intent to sell
25is guilty of a Class 4 felony. A retailer shall not be liable
26for unknowingly possessing, selling, or distributing to

 

 

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1consumers cigarettes that contain an old stamp if the correct
2tax was collected at the point of sale and the cigarettes were
3obtained from a distributor licensed under this Act.
4    (i) Notwithstanding any other provision of law, violations
5of subsection (d) of Section 1 of the Prevention of Tobacco Use
6by Minors and Sale and Distribution of Tobacco Products Act,
7other than violations involving the sale or distribution of a
8tobacco product to a minor under the age of 18, shall be
9subject only to the penalties provided in subsection (g-5) of
10Section 2 of that Act.
11(Source: P.A. 98-1055, eff. 1-1-16.)
 
12    Section 10. The Cigarette Use Tax Act is amended by
13changing Section 30 as follows:
 
14    (35 ILCS 135/30)  (from Ch. 120, par. 453.60)
15    (Text of Section before amendment by P.A. 98-1055)
16    Sec. 30. Punishment for sale or possession of unstamped
17packages of cigarettes, other than by a licensed distributor or
18transporter.
19    (a) Possession or sale of more than 9 but less than 101
20unstamped packages of cigarettes. With the exception of
21licensed distributors, licensed secondary distributors, or
22licensed transporters, as defined in Section 9c of the
23Cigarette Tax Act, any person who has in his or her possession
24or sells more than 9 but less than 101 original packages of

 

 

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1contraband cigarettes is guilty of a Class A misdemeanor.
2    (b) Possession or sale of more than 100 but less than 251
3unstamped packages of cigarettes. With the exception of
4licensed distributors, licensed secondary distributors, or
5licensed transporters, as defined in Section 9c of the
6Cigarette Tax Act, any person who has in his or her possession
7or sells more than 100 but less than 251 original packages of
8contraband cigarettes is guilty of a Class A misdemeanor for
9the first offense and a Class 4 felony for each subsequent
10offense.
11    (c) Possession or sale of more than 250 but less than 1,001
12unstamped packages of cigarettes. With the exception of
13licensed distributors, licensed secondary distributors, or
14licensed transporters, as defined in Section 9c of the
15Cigarette Tax Act, any person who has in his or her possession
16or sells more than 250 but less than 1,001 original packages of
17contraband cigarettes is guilty of a Class 4 felony.
18    (d) Possession or sale of more than 1,000 contraband
19packages of cigarettes. With the exception of licensed
20distributors, licensed secondary distributors, or licensed
21transporters, as defined in Section 9c of the Cigarette Tax
22Act, any person who has in his or her possession or sells, more
23than 1,000 original packages of contraband cigarettes is guilty
24of a Class 3 felony.
25    (e) Any person licensed as a distributor, secondary
26distributor, or transporter, as defined in Section 9c of the

 

 

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1Cigarette Tax Act, who has in his or her possession or sells
2100 or less original packages of contraband cigarettes is
3guilty of a Class A misdemeanor.
4    (f) Any person licensed as a distributor, secondary
5distributor, or transporter, as defined in Section 9c of the
6Cigarette Tax Act, who has in his or her possession or sells
7more than 100 original packages of contraband cigarettes is
8guilty of a Class 4 felony.
9    (g) Notwithstanding subsections (e) through (f), licensed
10distributors and transporters, as defined in Section 9c of the
11Cigarette Tax Act, may possess unstamped packages of
12cigarettes. Notwithstanding subsections (e) through (f),
13licensed distributors may possess cigarettes that bear a tax
14stamp of another state or taxing jurisdiction. Notwithstanding
15subsections (e) through (f), a licensed distributor or licensed
16secondary distributor may possess contraband cigarettes
17returned to the distributor or licensed secondary distributor
18by a retailer if the distributor or licensed secondary
19distributor immediately conducts an inventory of the
20cigarettes being returned, the distributor or licensed
21secondary distributor and the retailer returning the
22contraband cigarettes sign the inventory, the distributor or
23licensed secondary distributor provides a copy of the signed
24inventory to the retailer, and the distributor or licensed
25secondary distributor retains the inventory in its books and
26records and promptly notifies the Department of Revenue.

 

 

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1    (h) Notwithstanding subsections (a) through (d) of this
2Section, a retailer unknowingly possessing contraband
3cigarettes obtained from a licensed distributor or licensed
4secondary distributor or knowingly possessing contraband
5cigarettes obtained from a licensed distributor or licensed
6secondary distributor is not subject to penalties under this
7Section if the retailer, within 48 hours after discovering that
8the cigarettes are contraband cigarettes, excluding Saturdays,
9Sundays, and holidays: (i) notifies the Department and the
10licensed distributor or licensed secondary distributor from
11whom the cigarettes were obtained, orally and in writing, that
12he or she possesses contraband cigarettes obtained from a
13licensed distributor or licensed secondary distributor; (ii)
14places the contraband cigarettes in one or more containers and
15seals those containers; and (iii) places on the containers the
16following or similar language: "Contraband Cigarettes. Not For
17Sale." All contraband cigarettes in the possession of a
18retailer remain subject to forfeiture under the provisions of
19this Act.
20    (i) Notwithstanding any other provision of law, violations
21of subsection (d) of Section 1 of the Prevention of Tobacco Use
22by Minors and Sale and Distribution of Tobacco Products Act,
23other than violations involving the sale or distribution of a
24tobacco product to a minor under the age of 18, shall be
25subject only to the penalties provided in subsection (g-5) of
26Section 2 of that Act.

 

 

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1(Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10.)
 
2    (Text of Section after amendment by P.A. 98-1055)
3    Sec. 30. Punishment for sale or possession of unstamped
4packages of cigarettes, other than by a licensed distributor or
5transporter.
6    (a) Possession or sale of more than 9 but less than 101
7unstamped packages of cigarettes. With the exception of
8licensed distributors, licensed secondary distributors, or
9licensed transporters, as defined in Section 9c of the
10Cigarette Tax Act, any person who has in his or her possession
11or sells more than 9 but less than 101 original packages of
12contraband cigarettes is guilty of a Class A misdemeanor and a
13Class 4 felony for each subsequent offense occurring within 12
14months of a prior offense.
15    (b) Possession or sale of more than 100 but less than 251
16unstamped packages of cigarettes. With the exception of
17licensed distributors, licensed secondary distributors, or
18licensed transporters, as defined in Section 9c of the
19Cigarette Tax Act, any person who has in his or her possession
20or sells more than 100 but less than 251 original packages of
21contraband cigarettes is guilty of a Class A misdemeanor for
22the first offense and a Class 4 felony for each subsequent
23offense.
24    (c) Possession or sale of more than 250 but less than 1,001
25unstamped packages of cigarettes. With the exception of

 

 

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1licensed distributors, licensed secondary distributors, or
2licensed transporters, as defined in Section 9c of the
3Cigarette Tax Act, any person who has in his or her possession
4or sells more than 250 but less than 1,001 original packages of
5contraband cigarettes is guilty of a Class 4 felony.
6    (d) Possession or sale of more than 1,000 contraband
7packages of cigarettes. With the exception of licensed
8distributors, licensed secondary distributors, or licensed
9transporters, as defined in Section 9c of the Cigarette Tax
10Act, any person who has in his or her possession or sells, more
11than 1,000 original packages of contraband cigarettes is guilty
12of a Class 3 felony.
13    (e) Any person licensed as a distributor, secondary
14distributor, or transporter, as defined in Section 9c of the
15Cigarette Tax Act, who has in his or her possession or sells
16100 or less original packages of contraband cigarettes is
17guilty of a Class A misdemeanor and a Class 4 felony for each
18subsequent offense occurring within 12 months of a prior
19offense.
20    (f) Any person licensed as a distributor, secondary
21distributor, or transporter, as defined in Section 9c of the
22Cigarette Tax Act, who has in his or her possession or sells
23more than 100 original packages of contraband cigarettes is
24guilty of a Class 4 felony.
25    (g) Notwithstanding subsections (e) through (f), licensed
26distributors and transporters, as defined in Section 9c of the

 

 

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1Cigarette Tax Act, may possess unstamped packages of
2cigarettes. Notwithstanding subsections (e) through (f),
3licensed distributors may possess cigarettes that bear a tax
4stamp of another state or taxing jurisdiction. Notwithstanding
5subsections (e) through (f), a licensed distributor or licensed
6secondary distributor may possess contraband cigarettes
7returned to the distributor or licensed secondary distributor
8by a retailer if the distributor or licensed secondary
9distributor immediately conducts an inventory of the
10cigarettes being returned, the distributor or licensed
11secondary distributor and the retailer returning the
12contraband cigarettes sign the inventory, the distributor or
13licensed secondary distributor provides a copy of the signed
14inventory to the retailer, and the distributor or licensed
15secondary distributor retains the inventory in its books and
16records and promptly notifies the Department of Revenue.
17    (h) Notwithstanding subsections (a) through (d) of this
18Section, a retailer unknowingly possessing contraband
19cigarettes obtained from a licensed distributor or licensed
20secondary distributor or knowingly possessing contraband
21cigarettes obtained from a licensed distributor or licensed
22secondary distributor is not subject to penalties under this
23Section if the retailer, within 48 hours after discovering that
24the cigarettes are contraband cigarettes, excluding Saturdays,
25Sundays, and holidays: (i) notifies the Department and the
26licensed distributor or licensed secondary distributor from

 

 

HB4212- 15 -LRB099 12130 HLH 34837 b

1whom the cigarettes were obtained, orally and in writing, that
2he or she possesses contraband cigarettes obtained from a
3licensed distributor or licensed secondary distributor; (ii)
4places the contraband cigarettes in one or more containers and
5seals those containers; and (iii) places on the containers the
6following or similar language: "Contraband Cigarettes. Not For
7Sale." All contraband cigarettes in the possession of a
8retailer remain subject to forfeiture under the provisions of
9this Act.
10    Any retailer who knowingly possesses packages of
11cigarettes with a counterfeit stamp with intent to sell is
12guilty of a Class 2 felony. Any retailer who knowingly
13possesses unstamped packages of cigarettes with intent to sell
14is guilty of a Class 4 felony. A retailer shall not be liable
15for unknowingly possessing, selling, or distributing to
16consumers cigarettes that contain an old stamp if the correct
17tax was collected at the point of sale and the cigarettes were
18obtained from a distributor licensed under this Act.
19    (i) Notwithstanding any other provision of law, violations
20of subsection (d) of Section 1 of the Prevention of Tobacco Use
21by Minors and Sale and Distribution of Tobacco Products Act,
22other than violations involving the sale or distribution of a
23tobacco product to a minor under the age of 18, shall be
24subject only to the penalties provided in subsection (g-5) of
25Section 2 of that Act.
26(Source: P.A. 98-1055, eff. 1-1-16.)
 

 

 

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1    Section 15. The Prevention of Tobacco Use by Minors and
2Sale and Distribution of Tobacco Products Act is amended by
3changing Section 2 as follows:
 
4    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
5    (Text of Section before amendment by P.A. 98-1055)
6    Sec. 2. Penalties.
7    (a) Any person who violates subsection (a), (a-5), or (a-6)
8of Section 1 or Section 1.5 of this Act is guilty of a petty
9offense and for the first offense shall be fined $200, $400 for
10the second offense in a 12-month period, and $600 for the third
11or any subsequent offense in a 12-month period.
12    (b) If a minor violates subsection (a-7) of Section 1 he or
13she is guilty of a petty offense and the court may impose a
14sentence of 15 hours of community service or a fine of $25 for
15a first violation.
16    (c) A second violation by a minor of subsection (a-7) of
17Section 1 that occurs within 12 months after the first
18violation is punishable by a fine of $50 and 25 hours of
19community service.
20    (d) A third or subsequent violation by a minor of
21subsection (a-7) of Section 1 that occurs within 12 months
22after the first violation is punishable by a $100 fine and 30
23hours of community service.
24    (e) Any second or subsequent violation not within the

 

 

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112-month time period after the first violation is punishable as
2provided for a first violation.
3    (f) If a minor is convicted of or placed on supervision for
4a violation of subsection (a-7) of Section 1, the court may, in
5its discretion, and upon recommendation by the State's
6Attorney, order that minor and his or her parents or legal
7guardian to attend a smoker's education or youth diversion
8program if that program is available in the jurisdiction where
9the offender resides. Attendance at a smoker's education or
10youth diversion program shall be time-credited against any
11community service time imposed for any first violation of
12subsection (a-7) of Section 1. In addition to any other penalty
13that the court may impose for a violation of subsection (a-7)
14of Section 1, the court, upon request by the State's Attorney,
15may in its discretion require the offender to remit a fee for
16his or her attendance at a smoker's education or youth
17diversion program.
18    (g) For purposes of this Section, "smoker's education
19program" or "youth diversion program" includes, but is not
20limited to, a seminar designed to educate a person on the
21physical and psychological effects of smoking tobacco products
22and the health consequences of smoking tobacco products that
23can be conducted with a locality's youth diversion program.
24    (g-5) A violation of subsection (d) of Section 1 of this
25Act, other than a violation involving the sale or distribution
26of a tobacco product to a minor under the age of 18, is a petty

 

 

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1offense punishable by a fine of not more than $50 for each
2violation. Such a violation may be satisfied without a court
3appearance by a written plea of guilty and payment of all
4applicable fines, penalties, and costs.
5    (h) All moneys collected as fines for violations of
6subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
7distributed in the following manner:
8        (1) one-half of each fine shall be distributed to the
9    unit of local government or other entity that successfully
10    prosecuted the offender; and
11        (2) one-half shall be remitted to the State to be used
12    for enforcing this Act.
13(Source: P.A. 98-350, eff. 1-1-14.)
 
14    (Text of Section after amendment by P.A. 98-1055)
15    Sec. 2. Penalties.
16    (a) Any person who violates subsection (a) or (a-5) of
17Section 1 or Section 1.5 of this Act is guilty of a petty
18offense. For the first offense in a 24-month period, the person
19shall be fined $200 if his or her employer has a training
20program that facilitates compliance with minimum-age tobacco
21laws. For the second offense in a 24-month period, the person
22shall be fined $400 if his or her employer has a training
23program that facilitates compliance with minimum-age tobacco
24laws. For the third offense in a 24-month period, the person
25shall be fined $600 if his or her employer has a training

 

 

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1program that facilitates compliance with minimum-age tobacco
2laws. For the fourth or subsequent offense in a 24-month
3period, the person shall be fined $800 if his or her employer
4has a training program that facilitates compliance with
5minimum-age tobacco laws. For the purposes of this subsection,
6the 24-month period shall begin with the person's first
7violation of the Act. The penalties in this subsection are in
8addition to any other penalties prescribed under the Cigarette
9Tax Act and the Tobacco Products Tax Act of 1995.
10    (a-5) Any person who violates subsection (a) or (a-5) of
11Section 1 or Section 1.5 of this Act is guilty of a petty
12offense. For the first offense, the retailer shall be fined
13$200 if it does not have a training program that facilitates
14compliance with minimum-age tobacco laws. For the second
15offense, the retailer shall be fined $400 if it does not have a
16training program that facilitates compliance with minimum-age
17tobacco laws. For the third offense, the retailer shall be
18fined $600 if it does not have a training program that
19facilitates compliance with minimum-age tobacco laws. For the
20fourth or subsequent offense in a 24-month period, the retailer
21shall be fined $800 if it does not have a training program that
22facilitates compliance with minimum-age tobacco laws. For the
23purposes of this subsection, the 24-month period shall begin
24with the person's first violation of the Act. The penalties in
25this subsection are in addition to any other penalties
26prescribed under the Cigarette Tax Act and the Tobacco Products

 

 

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1Tax Act of 1995.
2    (a-6) For the purpose of this Act, a training program that
3facilitates compliance with minimum-age tobacco laws must
4include at least the following elements: (i) it must explain
5that only individuals displaying valid identification
6demonstrating that they are 18 years of age or older shall be
7eligible to purchase cigarettes or tobacco products; (ii) it
8must explain where a clerk can check identification for a date
9of birth; and (iii) it must explain the penalties that a clerk
10and retailer are subject to for violations of the Prevention of
11Tobacco Use by Minors and Sale and Distribution of Tobacco
12Products Act.
13    (b) If a minor violates subsection (a-7) of Section 1 he or
14she is guilty of a petty offense and the court may impose a
15sentence of 25 hours of community service and a fine of $50 for
16a first violation. If a minor violates subsection (a-6) of
17Section 1, he or she is guilty of a Class A misdemeanor.
18    (c) A second violation by a minor of subsection (a-7) of
19Section 1 that occurs within 12 months after the first
20violation is punishable by a fine of $75 and 50 hours of
21community service.
22    (d) A third or subsequent violation by a minor of
23subsection (a-7) of Section 1 that occurs within 12 months
24after the first violation is punishable by a $200 fine and 50
25hours of community service.
26    (e) Any second or subsequent violation not within the

 

 

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112-month time period after the first violation is punishable as
2provided for a first violation.
3    (f) If a minor is convicted of or placed on supervision for
4a violation of subsection (a-6) or (a-7) of Section 1, the
5court may, in its discretion, and upon recommendation by the
6State's Attorney, order that minor and his or her parents or
7legal guardian to attend a smoker's education or youth
8diversion program if that program is available in the
9jurisdiction where the offender resides. Attendance at a
10smoker's education or youth diversion program shall be
11time-credited against any community service time imposed for
12any first violation of subsection (a-7) of Section 1. In
13addition to any other penalty that the court may impose for a
14violation of subsection (a-7) of Section 1, the court, upon
15request by the State's Attorney, may in its discretion require
16the offender to remit a fee for his or her attendance at a
17smoker's education or youth diversion program.
18    (g) For purposes of this Section, "smoker's education
19program" or "youth diversion program" includes, but is not
20limited to, a seminar designed to educate a person on the
21physical and psychological effects of smoking tobacco products
22and the health consequences of smoking tobacco products that
23can be conducted with a locality's youth diversion program.
24    (g-5) A violation of subsection (d) of Section 1 of this
25Act, other than a violation involving the sale or distribution
26of a tobacco product to a minor under the age of 18, is a petty

 

 

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1offense punishable by a fine of not more than $50 for each
2violation. Such a violation may be satisfied without a court
3appearance by a written plea of guilty and payment of all
4applicable fines, penalties, and costs.
5    (h) All moneys collected as fines for violations of
6subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
7distributed in the following manner:
8        (1) one-half of each fine shall be distributed to the
9    unit of local government or other entity that successfully
10    prosecuted the offender; and
11        (2) one-half shall be remitted to the State to be used
12    for enforcing this Act.
13    Any violation of subsection (a) or (a-5) of Section 1 or
14Section 1.5 shall be reported to the Department of Revenue
15within 7 business days.
16(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.