SB3011 EngrossedLRB099 17071 RLC 41429 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 6 as follows:
 
6    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
7    Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of
17this Act, or because the licensee is determined to be
18ineligible for a secondary distributor's license for any one or
19more of the reasons provided for in Section 4c of this Act, or
20because the licensee is determined to be ineligible for a
21retailer's license for any one or more of the reasons provided
22for in Section 4g of this Act. However, no such license shall
23be revoked, cancelled or suspended, except after a hearing by

 

 

SB3011 Engrossed- 2 -LRB099 17071 RLC 41429 b

1the Department with notice to the distributor, secondary
2distributor, or retailer, as aforesaid, and affording such
3distributor, secondary distributor, or retailer a reasonable
4opportunity to appear and defend, and any distributor,
5secondary distributor, or retailer aggrieved by any decision of
6the Department with respect thereto may have the determination
7of the Department judicially reviewed, as herein provided.
8    The Department may revoke, cancel, or suspend the license
9of any distributor for a violation of the Tobacco Product
10Manufacturers' Escrow Enforcement Act as provided in Section 30
11of that Act. The Department may revoke, cancel, or suspend the
12license of any secondary distributor for a violation of
13subsection (e) of Section 15 of the Tobacco Product
14Manufacturers' Escrow Enforcement Act.
15    If the retailer has a training program that facilitates
16compliance with minimum-age tobacco laws, the Department shall
17suspend for 3 days the license of that retailer for a fourth or
18subsequent violation of the Prevention of Tobacco Use by
19Persons under 21 Years of Age Minors and Sale and Distribution
20of Tobacco Products Act, as provided in subsection (a) of
21Section 2 of that Act. For the purposes of this Section, any
22violation of subsection (a) of Section 2 of the Prevention of
23Tobacco Use by Persons under 21 Years of Age Minors and Sale
24and Distribution of Tobacco Products Act occurring at the
25retailer's licensed location during a 24-month period shall be
26counted as a violation against the retailer.

 

 

SB3011 Engrossed- 3 -LRB099 17071 RLC 41429 b

1    If the retailer does not have a training program that
2facilitates compliance with minimum-age tobacco laws, the
3Department shall suspend for 3 days the license of that
4retailer for a second violation of the Prevention of Tobacco
5Use by Persons under 21 Years of Age Minors and Sale and
6Distribution of Tobacco Products Act, as provided in subsection
7(a-5) of Section 2 of that Act.
8    If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 7 days the license of that
11retailer for a third violation of the Prevention of Tobacco Use
12by Persons under 21 Years of Age Minors and Sale and
13Distribution of Tobacco Products Act, as provided in subsection
14(a-5) of Section 2 of that Act.
15    If the retailer does not have a training program that
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 30 days the license of a retailer
18for a fourth or subsequent violation of the Prevention of
19Tobacco Use by Persons under 21 Years of Age Minors and Sale
20and Distribution of Tobacco Products Act, as provided in
21subsection (a-5) of Section 2 of that Act.
22    A training program that facilitates compliance with
23minimum-age tobacco laws must include at least the following
24elements: (i) it must explain that only individuals displaying
25valid identification demonstrating that they are 21 18 years of
26age or older shall be eligible to purchase cigarettes or

 

 

SB3011 Engrossed- 4 -LRB099 17071 RLC 41429 b

1tobacco products and (ii) it must explain where a clerk can
2check identification for a date of birth. The training may be
3conducted electronically. Each retailer that has a training
4program shall require each employee who completes the training
5program to sign a form attesting that the employee has received
6and completed tobacco training. The form shall be kept in the
7employee's file and may be used to provide proof of training.
8    Any distributor, secondary distributor, or retailer
9aggrieved by any decision of the Department under this Section
10may, within 20 days after notice of the decision, protest and
11request a hearing. Upon receiving a request for a hearing, the
12Department shall give notice in writing to the distributor,
13secondary distributor, or retailer requesting the hearing that
14contains a statement of the charges preferred against the
15distributor, secondary distributor, or retailer and that
16states the time and place fixed for the hearing. The Department
17shall hold the hearing in conformity with the provisions of
18this Act and then issue its final administrative decision in
19the matter to the distributor, secondary distributor, or
20retailer. In the absence of a protest and request for a hearing
21within 20 days, the Department's decision shall become final
22without any further determination being made or notice given.
23    No license so revoked, as aforesaid, shall be reissued to
24any such distributor, secondary distributor, or retailer
25within a period of 6 months after the date of the final
26determination of such revocation. No such license shall be

 

 

SB3011 Engrossed- 5 -LRB099 17071 RLC 41429 b

1reissued at all so long as the person who would receive the
2license is ineligible to receive a distributor's license under
3this Act for any one or more of the reasons provided for in
4Section 4 of this Act, is ineligible to receive a secondary
5distributor's license under this Act for any one or more of the
6reasons provided for in Section 4c of this Act, or is
7determined to be ineligible for a retailer's license under the
8Act for any one or more of the reasons provided for in Section
94g of this Act.
10    The Department upon complaint filed in the circuit court
11may by injunction restrain any person who fails, or refuses, to
12comply with any of the provisions of this Act from acting as a
13distributor, secondary distributor, or retailer of cigarettes
14in this State.
15(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
16    Section 10. The Tobacco Products Tax Act of 1995 is amended
17by changing Section 10-25 as follows:
 
18    (35 ILCS 143/10-25)
19    Sec. 10-25. License actions.
20    (a) The Department may, after notice and a hearing, revoke,
21cancel, or suspend the license of any distributor or retailer
22who violates any of the provisions of this Act. The notice
23shall specify the alleged violation or violations upon which
24the revocation, cancellation, or suspension proceeding is

 

 

SB3011 Engrossed- 6 -LRB099 17071 RLC 41429 b

1based.
2    (b) The Department may revoke, cancel, or suspend the
3license of any distributor for a violation of the Tobacco
4Product Manufacturers' Escrow Enforcement Act as provided in
5Section 20 of that Act.
6    (c) If the retailer has a training program that facilitates
7compliance with minimum-age tobacco laws, the Department shall
8suspend for 3 days the license of that retailer for a fourth or
9subsequent violation of the Prevention of Tobacco Use by
10Persons under 21 Years of Age Minors and Sale and Distribution
11of Tobacco Products Act, as provided in subsection (a) of
12Section 2 of that Act. For the purposes of this Section, any
13violation of subsection (a) of Section 2 of the Prevention of
14Tobacco Use by Persons under 21 Years of Age Minors and Sale
15and Distribution of Tobacco Products Act occurring at the
16retailer's licensed location, during a 24-month period, shall
17be counted as a violation against the retailer.
18    If the retailer does not have a training program that
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 3 days the license of that
21retailer for a second violation of the Prevention of Tobacco
22Use by Persons under 21 Years of Age Minors and Sale and
23Distribution of Tobacco Products Act, as provided in subsection
24(a-5) of Section 2 of that Act.
25    If the retailer does not have a training program that
26facilitates compliance with minimum-age tobacco laws, the

 

 

SB3011 Engrossed- 7 -LRB099 17071 RLC 41429 b

1Department shall suspend for 7 days the license of that
2retailer for a third violation of the Prevention of Tobacco Use
3by Persons under 21 Years of Age Minors and Sale and
4Distribution of Tobacco Products Act, as provided in subsection
5(a-5) of Section 2 of that Act.
6    If the retailer does not have a training program that
7facilitates compliance with minimum-age tobacco laws, the
8Department shall suspend for 30 days the license of a retailer
9for a fourth or subsequent violation of the Prevention of
10Tobacco Use by Persons under 21 Years of Age Minors and Sale
11and Distribution of Tobacco Products Act, as provided in
12subsection (a-5) of Section 2 of that Act.
13    A training program that facilitates compliance with
14minimum-age tobacco laws must include at least the following
15elements: (i) it must explain that only individuals displaying
16valid identification demonstrating that they are 21 18 years of
17age or older shall be eligible to purchase cigarettes or
18tobacco products and (ii) it must explain where a clerk can
19check identification for a date of birth. The training may be
20conducted electronically. Each retailer that has a training
21program shall require each employee who completes the training
22program to sign a form attesting that the employee has received
23and completed tobacco training. The form shall be kept in the
24employee's file and may be used to provide proof of training.
25    (d) The Department may, by application to any circuit
26court, obtain an injunction restraining any person who engages

 

 

SB3011 Engrossed- 8 -LRB099 17071 RLC 41429 b

1in business as a distributor of tobacco products without a
2license (either because his or her license has been revoked,
3canceled, or suspended or because of a failure to obtain a
4license in the first instance) from engaging in that business
5until that person, as if that person were a new applicant for a
6license, complies with all of the conditions, restrictions, and
7requirements of Section 10-20 of this Act and qualifies for and
8obtains a license. Refusal or neglect to obey the order of the
9court may result in punishment for contempt.
10(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
 
11    Section 15. The Liquor Control Act of 1934 is amended by
12changing Sections 3-12 and 6-16.1 as follows:
 
13    (235 ILCS 5/3-12)
14    Sec. 3-12. Powers and duties of State Commission.
15    (a) The State commission shall have the following powers,
16functions, and duties:
17        (1) To receive applications and to issue licenses to
18    manufacturers, foreign importers, importing distributors,
19    distributors, non-resident dealers, on premise consumption
20    retailers, off premise sale retailers, special event
21    retailer licensees, special use permit licenses, auction
22    liquor licenses, brew pubs, caterer retailers,
23    non-beverage users, railroads, including owners and
24    lessees of sleeping, dining and cafe cars, airplanes,

 

 

SB3011 Engrossed- 9 -LRB099 17071 RLC 41429 b

1    boats, brokers, and wine maker's premises licensees in
2    accordance with the provisions of this Act, and to suspend
3    or revoke such licenses upon the State commission's
4    determination, upon notice after hearing, that a licensee
5    has violated any provision of this Act or any rule or
6    regulation issued pursuant thereto and in effect for 30
7    days prior to such violation. Except in the case of an
8    action taken pursuant to a violation of Section 6-3, 6-5,
9    or 6-9, any action by the State Commission to suspend or
10    revoke a licensee's license may be limited to the license
11    for the specific premises where the violation occurred.
12        In lieu of suspending or revoking a license, the
13    commission may impose a fine, upon the State commission's
14    determination and notice after hearing, that a licensee has
15    violated any provision of this Act or any rule or
16    regulation issued pursuant thereto and in effect for 30
17    days prior to such violation.
18        For the purpose of this paragraph (1), when determining
19    multiple violations for the sale of alcohol to a person
20    under the age of 21, a second or subsequent violation for
21    the sale of alcohol to a person under the age of 21 shall
22    only be considered if it was committed within 5 years after
23    the date when a prior violation for the sale of alcohol to
24    a person under the age of 21 was committed.
25        The fine imposed under this paragraph may not exceed
26    $500 for each violation. Each day that the activity, which

 

 

SB3011 Engrossed- 10 -LRB099 17071 RLC 41429 b

1    gave rise to the original fine, continues is a separate
2    violation. The maximum fine that may be levied against any
3    licensee, for the period of the license, shall not exceed
4    $20,000. The maximum penalty that may be imposed on a
5    licensee for selling a bottle of alcoholic liquor with a
6    foreign object in it or serving from a bottle of alcoholic
7    liquor with a foreign object in it shall be the destruction
8    of that bottle of alcoholic liquor for the first 10 bottles
9    so sold or served from by the licensee. For the eleventh
10    bottle of alcoholic liquor and for each third bottle
11    thereafter sold or served from by the licensee with a
12    foreign object in it, the maximum penalty that may be
13    imposed on the licensee is the destruction of the bottle of
14    alcoholic liquor and a fine of up to $50.
15        (2) To adopt such rules and regulations consistent with
16    the provisions of this Act which shall be necessary to
17    carry on its functions and duties to the end that the
18    health, safety and welfare of the People of the State of
19    Illinois shall be protected and temperance in the
20    consumption of alcoholic liquors shall be fostered and
21    promoted and to distribute copies of such rules and
22    regulations to all licensees affected thereby.
23        (3) To call upon other administrative departments of
24    the State, county and municipal governments, county and
25    city police departments and upon prosecuting officers for
26    such information and assistance as it deems necessary in

 

 

SB3011 Engrossed- 11 -LRB099 17071 RLC 41429 b

1    the performance of its duties.
2        (4) To recommend to local commissioners rules and
3    regulations, not inconsistent with the law, for the
4    distribution and sale of alcoholic liquors throughout the
5    State.
6        (5) To inspect, or cause to be inspected, any premises
7    in this State where alcoholic liquors are manufactured,
8    distributed, warehoused, or sold. Nothing in this Act
9    authorizes an agent of the Commission to inspect private
10    areas within the premises without reasonable suspicion or a
11    warrant during an inspection. "Private areas" include, but
12    are not limited to, safes, personal property, and closed
13    desks.
14        (5.1) Upon receipt of a complaint or upon having
15    knowledge that any person is engaged in business as a
16    manufacturer, importing distributor, distributor, or
17    retailer without a license or valid license, to notify the
18    local liquor authority, file a complaint with the State's
19    Attorney's Office of the county where the incident
20    occurred, or initiate an investigation with the
21    appropriate law enforcement officials.
22        (5.2) To issue a cease and desist notice to persons
23    shipping alcoholic liquor into this State from a point
24    outside of this State if the shipment is in violation of
25    this Act.
26        (5.3) To receive complaints from licensees, local

 

 

SB3011 Engrossed- 12 -LRB099 17071 RLC 41429 b

1    officials, law enforcement agencies, organizations, and
2    persons stating that any licensee has been or is violating
3    any provision of this Act or the rules and regulations
4    issued pursuant to this Act. Such complaints shall be in
5    writing, signed and sworn to by the person making the
6    complaint, and shall state with specificity the facts in
7    relation to the alleged violation. If the Commission has
8    reasonable grounds to believe that the complaint
9    substantially alleges a violation of this Act or rules and
10    regulations adopted pursuant to this Act, it shall conduct
11    an investigation. If, after conducting an investigation,
12    the Commission is satisfied that the alleged violation did
13    occur, it shall proceed with disciplinary action against
14    the licensee as provided in this Act.
15        (6) To hear and determine appeals from orders of a
16    local commission in accordance with the provisions of this
17    Act, as hereinafter set forth. Hearings under this
18    subsection shall be held in Springfield or Chicago, at
19    whichever location is the more convenient for the majority
20    of persons who are parties to the hearing.
21        (7) The commission shall establish uniform systems of
22    accounts to be kept by all retail licensees having more
23    than 4 employees, and for this purpose the commission may
24    classify all retail licensees having more than 4 employees
25    and establish a uniform system of accounts for each class
26    and prescribe the manner in which such accounts shall be

 

 

SB3011 Engrossed- 13 -LRB099 17071 RLC 41429 b

1    kept. The commission may also prescribe the forms of
2    accounts to be kept by all retail licensees having more
3    than 4 employees, including but not limited to accounts of
4    earnings and expenses and any distribution, payment, or
5    other distribution of earnings or assets, and any other
6    forms, records and memoranda which in the judgment of the
7    commission may be necessary or appropriate to carry out any
8    of the provisions of this Act, including but not limited to
9    such forms, records and memoranda as will readily and
10    accurately disclose at all times the beneficial ownership
11    of such retail licensed business. The accounts, forms,
12    records and memoranda shall be available at all reasonable
13    times for inspection by authorized representatives of the
14    State commission or by any local liquor control
15    commissioner or his or her authorized representative. The
16    commission, may, from time to time, alter, amend or repeal,
17    in whole or in part, any uniform system of accounts, or the
18    form and manner of keeping accounts.
19        (8) In the conduct of any hearing authorized to be held
20    by the commission, to appoint, at the commission's
21    discretion, hearing officers to conduct hearings involving
22    complex issues or issues that will require a protracted
23    period of time to resolve, to examine, or cause to be
24    examined, under oath, any licensee, and to examine or cause
25    to be examined the books and records of such licensee; to
26    hear testimony and take proof material for its information

 

 

SB3011 Engrossed- 14 -LRB099 17071 RLC 41429 b

1    in the discharge of its duties hereunder; to administer or
2    cause to be administered oaths; for any such purpose to
3    issue subpoena or subpoenas to require the attendance of
4    witnesses and the production of books, which shall be
5    effective in any part of this State, and to adopt rules to
6    implement its powers under this paragraph (8).
7        Any Circuit Court may by order duly entered, require
8    the attendance of witnesses and the production of relevant
9    books subpoenaed by the State commission and the court may
10    compel obedience to its order by proceedings for contempt.
11        (9) To investigate the administration of laws in
12    relation to alcoholic liquors in this and other states and
13    any foreign countries, and to recommend from time to time
14    to the Governor and through him or her to the legislature
15    of this State, such amendments to this Act, if any, as it
16    may think desirable and as will serve to further the
17    general broad purposes contained in Section 1-2 hereof.
18        (10) To adopt such rules and regulations consistent
19    with the provisions of this Act which shall be necessary
20    for the control, sale or disposition of alcoholic liquor
21    damaged as a result of an accident, wreck, flood, fire or
22    other similar occurrence.
23        (11) To develop industry educational programs related
24    to responsible serving and selling, particularly in the
25    areas of overserving consumers and illegal underage
26    purchasing and consumption of alcoholic beverages.

 

 

SB3011 Engrossed- 15 -LRB099 17071 RLC 41429 b

1        (11.1) To license persons providing education and
2    training to alcohol beverage sellers and servers for
3    mandatory and non-mandatory training under the Beverage
4    Alcohol Sellers and Servers Education and Training
5    (BASSET) programs and to develop and administer a public
6    awareness program in Illinois to reduce or eliminate the
7    illegal purchase and consumption of alcoholic beverage
8    products by persons under the age of 21. Application for a
9    license shall be made on forms provided by the State
10    Commission.
11        (12) To develop and maintain a repository of license
12    and regulatory information.
13        (13) (Blank). On or before January 15, 1994, the
14    Commission shall issue a written report to the Governor and
15    General Assembly that is to be based on a comprehensive
16    study of the impact on and implications for the State of
17    Illinois of Section 1926 of the Federal ADAMHA
18    Reorganization Act of 1992 (Public Law 102-321). This study
19    shall address the extent to which Illinois currently
20    complies with the provisions of P.L. 102-321 and the rules
21    promulgated pursuant thereto.
22        As part of its report, the Commission shall provide the
23    following essential information:
24            (i) the number of retail distributors of tobacco
25        products, by type and geographic area, in the State;
26            (ii) the number of reported citations and

 

 

SB3011 Engrossed- 16 -LRB099 17071 RLC 41429 b

1        successful convictions, categorized by type and
2        location of retail distributor, for violation of the
3        Prevention of Tobacco Use by Minors and Sale and
4        Distribution of Tobacco Products Act and the Smokeless
5        Tobacco Limitation Act;
6            (iii) the extent and nature of organized
7        educational and governmental activities that are
8        intended to promote, encourage or otherwise secure
9        compliance with any Illinois laws that prohibit the
10        sale or distribution of tobacco products to minors; and
11            (iv) the level of access and availability of
12        tobacco products to individuals under the age of 18.
13        To obtain the data necessary to comply with the
14    provisions of P.L. 102-321 and the requirements of this
15    report, the Commission shall conduct random, unannounced
16    inspections of a geographically and scientifically
17    representative sample of the State's retail tobacco
18    distributors.
19        The Commission shall consult with the Department of
20    Public Health, the Department of Human Services, the
21    Illinois State Police and any other executive branch
22    agency, and private organizations that may have
23    information relevant to this report.
24        The Commission may contract with the Food and Drug
25    Administration of the U.S. Department of Health and Human
26    Services to conduct unannounced investigations of Illinois

 

 

SB3011 Engrossed- 17 -LRB099 17071 RLC 41429 b

1    tobacco vendors to determine compliance with federal laws
2    relating to the illegal sale of cigarettes and smokeless
3    tobacco products to persons under the age of 18.
4        (14) On or before April 30, 2008 and every 2 years
5    thereafter, the Commission shall present a written report
6    to the Governor and the General Assembly that shall be
7    based on a study of the impact of this amendatory Act of
8    the 95th General Assembly on the business of soliciting,
9    selling, and shipping wine from inside and outside of this
10    State directly to residents of this State. As part of its
11    report, the Commission shall provide all of the following
12    information:
13            (A) The amount of State excise and sales tax
14        revenues generated.
15            (B) The amount of licensing fees received.
16            (C) The number of cases of wine shipped from inside
17        and outside of this State directly to residents of this
18        State.
19            (D) The number of alcohol compliance operations
20        conducted.
21            (E) The number of winery shipper's licenses
22        issued.
23            (F) The number of each of the following: reported
24        violations; cease and desist notices issued by the
25        Commission; notices of violations issued by the
26        Commission and to the Department of Revenue; and

 

 

SB3011 Engrossed- 18 -LRB099 17071 RLC 41429 b

1        notices and complaints of violations to law
2        enforcement officials, including, without limitation,
3        the Illinois Attorney General and the U.S. Department
4        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
5        (15) As a means to reduce the underage consumption of
6    alcoholic liquors, the Commission shall conduct alcohol
7    compliance operations to investigate whether businesses
8    that are soliciting, selling, and shipping wine from inside
9    or outside of this State directly to residents of this
10    State are licensed by this State or are selling or
11    attempting to sell wine to persons under 21 years of age in
12    violation of this Act.
13        (16) The Commission shall, in addition to notifying any
14    appropriate law enforcement agency, submit notices of
15    complaints or violations of Sections 6-29 and 6-29.1 by
16    persons who do not hold a winery shipper's license under
17    this amendatory Act to the Illinois Attorney General and to
18    the U.S. Department of Treasury's Alcohol and Tobacco Tax
19    and Trade Bureau.
20        (17) (A) A person licensed to make wine under the laws
21    of another state who has a winery shipper's license under
22    this amendatory Act and annually produces less than 25,000
23    gallons of wine or a person who has a first-class or
24    second-class wine manufacturer's license, a first-class or
25    second-class wine-maker's license, or a limited wine
26    manufacturer's license under this Act and annually

 

 

SB3011 Engrossed- 19 -LRB099 17071 RLC 41429 b

1    produces less than 25,000 gallons of wine may make
2    application to the Commission for a self-distribution
3    exemption to allow the sale of not more than 5,000 gallons
4    of the exemption holder's wine to retail licensees per
5    year.
6            (B) In the application, which shall be sworn under
7        penalty of perjury, such person shall state (1) the
8        date it was established; (2) its volume of production
9        and sales for each year since its establishment; (3)
10        its efforts to establish distributor relationships;
11        (4) that a self-distribution exemption is necessary to
12        facilitate the marketing of its wine; and (5) that it
13        will comply with the liquor and revenue laws of the
14        United States, this State, and any other state where it
15        is licensed.
16            (C) The Commission shall approve the application
17        for a self-distribution exemption if such person: (1)
18        is in compliance with State revenue and liquor laws;
19        (2) is not a member of any affiliated group that
20        produces more than 25,000 gallons of wine per annum or
21        produces any other alcoholic liquor; (3) will not
22        annually produce for sale more than 25,000 gallons of
23        wine; and (4) will not annually sell more than 5,000
24        gallons of its wine to retail licensees.
25            (D) A self-distribution exemption holder shall
26        annually certify to the Commission its production of

 

 

SB3011 Engrossed- 20 -LRB099 17071 RLC 41429 b

1        wine in the previous 12 months and its anticipated
2        production and sales for the next 12 months. The
3        Commission may fine, suspend, or revoke a
4        self-distribution exemption after a hearing if it
5        finds that the exemption holder has made a material
6        misrepresentation in its application, violated a
7        revenue or liquor law of Illinois, exceeded production
8        of 25,000 gallons of wine in any calendar year, or
9        become part of an affiliated group producing more than
10        25,000 gallons of wine or any other alcoholic liquor.
11            (E) Except in hearings for violations of this Act
12        or amendatory Act or a bona fide investigation by duly
13        sworn law enforcement officials, the Commission, or
14        its agents, the Commission shall maintain the
15        production and sales information of a
16        self-distribution exemption holder as confidential and
17        shall not release such information to any person.
18            (F) The Commission shall issue regulations
19        governing self-distribution exemptions consistent with
20        this Section and this Act.
21            (G) Nothing in this subsection (17) shall prohibit
22        a self-distribution exemption holder from entering
23        into or simultaneously having a distribution agreement
24        with a licensed Illinois distributor.
25            (H) It is the intent of this subsection (17) to
26        promote and continue orderly markets. The General

 

 

SB3011 Engrossed- 21 -LRB099 17071 RLC 41429 b

1        Assembly finds that in order to preserve Illinois'
2        regulatory distribution system it is necessary to
3        create an exception for smaller makers of wine as their
4        wines are frequently adjusted in varietals, mixes,
5        vintages, and taste to find and create market niches
6        sometimes too small for distributor or importing
7        distributor business strategies. Limited
8        self-distribution rights will afford and allow smaller
9        makers of wine access to the marketplace in order to
10        develop a customer base without impairing the
11        integrity of the 3-tier system.
12        (18) (A) A class 1 brewer licensee, who must also be
13    either a licensed brewer or licensed non-resident dealer
14    and annually manufacture less than 930,000 gallons of beer,
15    may make application to the State Commission for a
16    self-distribution exemption to allow the sale of not more
17    than 232,500 gallons of the exemption holder's beer to
18    retail licensees per year.
19            (B) In the application, which shall be sworn under
20        penalty of perjury, the class 1 brewer licensee shall
21        state (1) the date it was established; (2) its volume
22        of beer manufactured and sold for each year since its
23        establishment; (3) its efforts to establish
24        distributor relationships; (4) that a
25        self-distribution exemption is necessary to facilitate
26        the marketing of its beer; and (5) that it will comply

 

 

SB3011 Engrossed- 22 -LRB099 17071 RLC 41429 b

1        with the alcoholic beverage and revenue laws of the
2        United States, this State, and any other state where it
3        is licensed.
4            (C) Any application submitted shall be posted on
5        the State Commission's website at least 45 days prior
6        to action by the State Commission. The State Commission
7        shall approve the application for a self-distribution
8        exemption if the class 1 brewer licensee: (1) is in
9        compliance with the State, revenue, and alcoholic
10        beverage laws; (2) is not a member of any affiliated
11        group that manufacturers more than 930,000 gallons of
12        beer per annum or produces any other alcoholic
13        beverages; (3) shall not annually manufacture for sale
14        more than 930,000 gallons of beer; (4) shall not
15        annually sell more than 232,500 gallons of its beer to
16        retail licensees; and (5) has relinquished any brew pub
17        license held by the licensee, including any ownership
18        interest it held in the licensed brew pub.
19            (D) A self-distribution exemption holder shall
20        annually certify to the State Commission its
21        manufacture of beer during the previous 12 months and
22        its anticipated manufacture and sales of beer for the
23        next 12 months. The State Commission may fine, suspend,
24        or revoke a self-distribution exemption after a
25        hearing if it finds that the exemption holder has made
26        a material misrepresentation in its application,

 

 

SB3011 Engrossed- 23 -LRB099 17071 RLC 41429 b

1        violated a revenue or alcoholic beverage law of
2        Illinois, exceeded the manufacture of 930,000 gallons
3        of beer in any calendar year or became part of an
4        affiliated group manufacturing more than 930,000
5        gallons of beer or any other alcoholic beverage.
6            (E) The State Commission shall issue rules and
7        regulations governing self-distribution exemptions
8        consistent with this Act.
9            (F) Nothing in this paragraph (18) shall prohibit a
10        self-distribution exemption holder from entering into
11        or simultaneously having a distribution agreement with
12        a licensed Illinois importing distributor or a
13        distributor. If a self-distribution exemption holder
14        enters into a distribution agreement and has assigned
15        distribution rights to an importing distributor or
16        distributor, then the self-distribution exemption
17        holder's distribution rights in the assigned
18        territories shall cease in a reasonable time not to
19        exceed 60 days.
20            (G) It is the intent of this paragraph (18) to
21        promote and continue orderly markets. The General
22        Assembly finds that in order to preserve Illinois'
23        regulatory distribution system, it is necessary to
24        create an exception for smaller manufacturers in order
25        to afford and allow such smaller manufacturers of beer
26        access to the marketplace in order to develop a

 

 

SB3011 Engrossed- 24 -LRB099 17071 RLC 41429 b

1        customer base without impairing the integrity of the
2        3-tier system.
3    (b) On or before April 30, 1999, the Commission shall
4present a written report to the Governor and the General
5Assembly that shall be based on a study of the impact of this
6amendatory Act of 1998 on the business of soliciting, selling,
7and shipping alcoholic liquor from outside of this State
8directly to residents of this State.
9    As part of its report, the Commission shall provide the
10following information:
11        (i) the amount of State excise and sales tax revenues
12    generated as a result of this amendatory Act of 1998;
13        (ii) the amount of licensing fees received as a result
14    of this amendatory Act of 1998;
15        (iii) the number of reported violations, the number of
16    cease and desist notices issued by the Commission, the
17    number of notices of violations issued to the Department of
18    Revenue, and the number of notices and complaints of
19    violations to law enforcement officials.
20(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
2198-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff.
228-24-15.)
 
23    (235 ILCS 5/6-16.1)
24    Sec. 6-16.1. Enforcement actions.
25    (a) A licensee or an officer, associate, member,

 

 

SB3011 Engrossed- 25 -LRB099 17071 RLC 41429 b

1representative, agent, or employee of a licensee may sell,
2give, or deliver alcoholic liquor to a person under the age of
321 years or authorize the sale, gift, or delivery of alcoholic
4liquor to a person under the age of 21 years pursuant to a plan
5or action to investigate, patrol, or otherwise conduct a "sting
6operation" or enforcement action against a person employed by
7the licensee or on any licensed premises if the licensee or
8officer, associate, member, representative, agent, or employee
9of the licensee provides written notice, at least 14 days
10before the "sting operation" or enforcement action, unless
11governing body of the municipality or county having
12jurisdiction sets a shorter period by ordinance, to the law
13enforcement agency having jurisdiction, the local liquor
14control commissioner, or both. Notice provided under this
15Section shall be valid for a "sting operation" or enforcement
16action conducted within 60 days of the provision of that
17notice, unless the governing body of the municipality or county
18having jurisdiction sets a shorter period by ordinance.
19    (b) A local liquor control commission or unit of local
20government that conducts alcohol and tobacco compliance
21operations shall establish a policy and standards for alcohol
22and tobacco compliance operations to investigate whether a
23licensee is furnishing (1) alcoholic liquor to persons under 21
24years of age in violation of this Act or (2) tobacco to persons
25in violation of the Prevention of Tobacco Use by Persons under
2621 Years of Age Minors and Sale and Distribution of Tobacco

 

 

SB3011 Engrossed- 26 -LRB099 17071 RLC 41429 b

1Products Act.
2    (c) The Illinois Law Enforcement Training Standards Board
3shall develop a model policy and guidelines for the operation
4of alcohol and tobacco compliance checks by local law
5enforcement officers. The Illinois Law Enforcement Training
6Standards Board shall also require the supervising officers of
7such compliance checks to have met a minimum training standard
8as determined by the Board. The Board shall have the right to
9waive any training based on current written policies and
10procedures for alcohol and tobacco compliance check operations
11and in-service training already administered by the local law
12enforcement agency, department, or office.
13    (d) The provisions of subsections (b) and (c) do not apply
14to a home rule unit with more than 2,000,000 inhabitants.
15    (e) A home rule unit, other than a home rule unit with more
16than 2,000,000 inhabitants, may not regulate enforcement
17actions in a manner inconsistent with the regulation of
18enforcement actions under this Section. This subsection (e) is
19a limitation under subsection (i) of Section 6 of Article VII
20of the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22    (f) A licensee who is the subject of an enforcement action
23or "sting operation" under this Section and is found, pursuant
24to the enforcement action, to be in compliance with this Act
25shall be notified by the enforcement agency action that no
26violation was found within 30 days after the finding.

 

 

SB3011 Engrossed- 27 -LRB099 17071 RLC 41429 b

1(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
296-1000, eff. 7-2-10.)
 
3    Section 20. The Juvenile Court Act of 1987 is amended by
4changing Sections 5-615 and 5-710 as follows:
 
5    (705 ILCS 405/5-615)
6    Sec. 5-615. Continuance under supervision.
7    (1) The court may enter an order of continuance under
8supervision for an offense other than first degree murder, a
9Class X felony or a forcible felony:
10        (a) upon an admission or stipulation by the appropriate
11    respondent or minor respondent of the facts supporting the
12    petition and before the court makes a finding of
13    delinquency, and in the absence of objection made in open
14    court by the minor, his or her parent, guardian, or legal
15    custodian, the minor's attorney or the State's Attorney; or
16        (b) upon a finding of delinquency and after considering
17    the circumstances of the offense and the history,
18    character, and condition of the minor, if the court is of
19    the opinion that:
20            (i) the minor is not likely to commit further
21        crimes;
22            (ii) the minor and the public would be best served
23        if the minor were not to receive a criminal record; and
24            (iii) in the best interests of justice an order of

 

 

SB3011 Engrossed- 28 -LRB099 17071 RLC 41429 b

1        continuance under supervision is more appropriate than
2        a sentence otherwise permitted under this Act.
3    (2) (Blank).
4    (3) Nothing in this Section limits the power of the court
5to order a continuance of the hearing for the production of
6additional evidence or for any other proper reason.
7    (4) When a hearing where a minor is alleged to be a
8delinquent is continued pursuant to this Section, the period of
9continuance under supervision may not exceed 24 months. The
10court may terminate a continuance under supervision at any time
11if warranted by the conduct of the minor and the ends of
12justice or vacate the finding of delinquency or both.
13    (5) When a hearing where a minor is alleged to be
14delinquent is continued pursuant to this Section, the court
15may, as conditions of the continuance under supervision,
16require the minor to do any of the following:
17        (a) not violate any criminal statute of any
18    jurisdiction;
19        (b) make a report to and appear in person before any
20    person or agency as directed by the court;
21        (c) work or pursue a course of study or vocational
22    training;
23        (d) undergo medical or psychotherapeutic treatment
24    rendered by a therapist licensed under the provisions of
25    the Medical Practice Act of 1987, the Clinical Psychologist
26    Licensing Act, or the Clinical Social Work and Social Work

 

 

SB3011 Engrossed- 29 -LRB099 17071 RLC 41429 b

1    Practice Act, or an entity licensed by the Department of
2    Human Services as a successor to the Department of
3    Alcoholism and Substance Abuse, for the provision of drug
4    addiction and alcoholism treatment;
5        (e) attend or reside in a facility established for the
6    instruction or residence of persons on probation;
7        (f) support his or her dependents, if any;
8        (g) pay costs;
9        (h) refrain from possessing a firearm or other
10    dangerous weapon, or an automobile;
11        (i) permit the probation officer to visit him or her at
12    his or her home or elsewhere;
13        (j) reside with his or her parents or in a foster home;
14        (k) attend school;
15        (k-5) with the consent of the superintendent of the
16    facility, attend an educational program at a facility other
17    than the school in which the offense was committed if he or
18    she committed a crime of violence as defined in Section 2
19    of the Crime Victims Compensation Act in a school, on the
20    real property comprising a school, or within 1,000 feet of
21    the real property comprising a school;
22        (l) attend a non-residential program for youth;
23        (m) contribute to his or her own support at home or in
24    a foster home;
25        (n) perform some reasonable public or community
26    service;

 

 

SB3011 Engrossed- 30 -LRB099 17071 RLC 41429 b

1        (o) make restitution to the victim, in the same manner
2    and under the same conditions as provided in subsection (4)
3    of Section 5-710, except that the "sentencing hearing"
4    referred to in that Section shall be the adjudicatory
5    hearing for purposes of this Section;
6        (p) comply with curfew requirements as designated by
7    the court;
8        (q) refrain from entering into a designated geographic
9    area except upon terms as the court finds appropriate. The
10    terms may include consideration of the purpose of the
11    entry, the time of day, other persons accompanying the
12    minor, and advance approval by a probation officer;
13        (r) refrain from having any contact, directly or
14    indirectly, with certain specified persons or particular
15    types of persons, including but not limited to members of
16    street gangs and drug users or dealers;
17        (r-5) undergo a medical or other procedure to have a
18    tattoo symbolizing allegiance to a street gang removed from
19    his or her body;
20        (s) refrain from having in his or her body the presence
21    of any illicit drug prohibited by the Cannabis Control Act,
22    the Illinois Controlled Substances Act, or the
23    Methamphetamine Control and Community Protection Act,
24    unless prescribed by a physician, and submit samples of his
25    or her blood or urine or both for tests to determine the
26    presence of any illicit drug; or

 

 

SB3011 Engrossed- 31 -LRB099 17071 RLC 41429 b

1        (t) comply with any other conditions as may be ordered
2    by the court.
3    (6) A minor whose case is continued under supervision under
4subsection (5) shall be given a certificate setting forth the
5conditions imposed by the court. Those conditions may be
6reduced, enlarged, or modified by the court on motion of the
7probation officer or on its own motion, or that of the State's
8Attorney, or, at the request of the minor after notice and
9hearing.
10    (7) If a petition is filed charging a violation of a
11condition of the continuance under supervision, the court shall
12conduct a hearing. If the court finds that a condition of
13supervision has not been fulfilled, the court may proceed to
14findings, adjudication, and disposition or adjudication and
15disposition. The filing of a petition for violation of a
16condition of the continuance under supervision shall toll the
17period of continuance under supervision until the final
18determination of the charge, and the term of the continuance
19under supervision shall not run until the hearing and
20disposition of the petition for violation; provided where the
21petition alleges conduct that does not constitute a criminal
22offense, the hearing must be held within 30 days of the filing
23of the petition unless a delay shall continue the tolling of
24the period of continuance under supervision for the period of
25the delay.
26    (8) When a hearing in which a minor is alleged to be a

 

 

SB3011 Engrossed- 32 -LRB099 17071 RLC 41429 b

1delinquent for reasons that include a violation of Section
221-1.3 of the Criminal Code of 1961 or the Criminal Code of
32012 is continued under this Section, the court shall, as a
4condition of the continuance under supervision, require the
5minor to perform community service for not less than 30 and not
6more than 120 hours, if community service is available in the
7jurisdiction. The community service shall include, but need not
8be limited to, the cleanup and repair of the damage that was
9caused by the alleged violation or similar damage to property
10located in the municipality or county in which the alleged
11violation occurred. The condition may be in addition to any
12other condition.
13    (8.5) When a hearing in which a minor is alleged to be a
14delinquent for reasons that include a violation of Section 3.02
15or Section 3.03 of the Humane Care for Animals Act or paragraph
16(d) of subsection (1) of Section 21-1 of the Criminal Code of
171961 or paragraph (4) of subsection (a) of Section 21-1 or the
18Criminal Code of 2012 is continued under this Section, the
19court shall, as a condition of the continuance under
20supervision, require the minor to undergo medical or
21psychiatric treatment rendered by a psychiatrist or
22psychological treatment rendered by a clinical psychologist.
23The condition may be in addition to any other condition.
24    (9) When a hearing in which a minor is alleged to be a
25delinquent is continued under this Section, the court, before
26continuing the case, shall make a finding whether the offense

 

 

SB3011 Engrossed- 33 -LRB099 17071 RLC 41429 b

1alleged to have been committed either: (i) was related to or in
2furtherance of the activities of an organized gang or was
3motivated by the minor's membership in or allegiance to an
4organized gang, or (ii) is a violation of paragraph (13) of
5subsection (a) of Section 12-2 or paragraph (2) of subsection
6(c) of Section 12-2 of the Criminal Code of 1961 or the
7Criminal Code of 2012, a violation of any Section of Article 24
8of the Criminal Code of 1961 or the Criminal Code of 2012, or a
9violation of any statute that involved the unlawful use of a
10firearm. If the court determines the question in the
11affirmative the court shall, as a condition of the continuance
12under supervision and as part of or in addition to any other
13condition of the supervision, require the minor to perform
14community service for not less than 30 hours, provided that
15community service is available in the jurisdiction and is
16funded and approved by the county board of the county where the
17offense was committed. The community service shall include, but
18need not be limited to, the cleanup and repair of any damage
19caused by an alleged violation of Section 21-1.3 of the
20Criminal Code of 1961 or the Criminal Code of 2012 and similar
21damage to property located in the municipality or county in
22which the alleged violation occurred. When possible and
23reasonable, the community service shall be performed in the
24minor's neighborhood. For the purposes of this Section,
25"organized gang" has the meaning ascribed to it in Section 10
26of the Illinois Streetgang Terrorism Omnibus Prevention Act.

 

 

SB3011 Engrossed- 34 -LRB099 17071 RLC 41429 b

1    (10) The court shall impose upon a minor placed on
2supervision, as a condition of the supervision, a fee of $50
3for each month of supervision ordered by the court, unless
4after determining the inability of the minor placed on
5supervision to pay the fee, the court assesses a lesser amount.
6The court may not impose the fee on a minor who is made a ward
7of the State under this Act while the minor is in placement.
8The fee shall be imposed only upon a minor who is actively
9supervised by the probation and court services department. A
10court may order the parent, guardian, or legal custodian of the
11minor to pay some or all of the fee on the minor's behalf.
12    (11) (Blank). If a minor is placed on supervision for a
13violation of subsection (a-7) of Section 1 of the Prevention of
14Tobacco Use by Minors Act, the court may, in its discretion,
15and upon recommendation by the State's Attorney, order that
16minor and his or her parents or legal guardian to attend a
17smoker's education or youth diversion program as defined in
18that Act if that program is available in the jurisdiction where
19the offender resides. Attendance at a smoker's education or
20youth diversion program shall be time-credited against any
21community service time imposed for any first violation of
22subsection (a-7) of Section 1 of that Act. In addition to any
23other penalty that the court may impose for a violation of
24subsection (a-7) of Section 1 of that Act, the court, upon
25request by the State's Attorney, may in its discretion require
26the offender to remit a fee for his or her attendance at a

 

 

SB3011 Engrossed- 35 -LRB099 17071 RLC 41429 b

1smoker's education or youth diversion program.
2    For purposes of this Section, "smoker's education program"
3or "youth diversion program" includes, but is not limited to, a
4seminar designed to educate a person on the physical and
5psychological effects of smoking tobacco products and the
6health consequences of smoking tobacco products that can be
7conducted with a locality's youth diversion program.
8    In addition to any other penalty that the court may impose
9under this subsection (11):
10        (a) If a minor violates subsection (a-7) of Section 1
11    of the Prevention of Tobacco Use by Minors Act, the court
12    may impose a sentence of 15 hours of community service or a
13    fine of $25 for a first violation.
14        (b) A second violation by a minor of subsection (a-7)
15    of Section 1 of that Act that occurs within 12 months after
16    the first violation is punishable by a fine of $50 and 25
17    hours of community service.
18        (c) A third or subsequent violation by a minor of
19    subsection (a-7) of Section 1 of that Act that occurs
20    within 12 months after the first violation is punishable by
21    a $100 fine 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
24    punishable as provided for a first violation.
25(Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
 

 

 

SB3011 Engrossed- 36 -LRB099 17071 RLC 41429 b

1    (705 ILCS 405/5-710)
2    Sec. 5-710. Kinds of sentencing orders.
3    (1) The following kinds of sentencing orders may be made in
4respect of wards of the court:
5        (a) Except as provided in Sections 5-805, 5-810, 5-815,
6    a minor who is found guilty under Section 5-620 may be:
7            (i) put on probation or conditional discharge and
8        released to his or her parents, guardian or legal
9        custodian, provided, however, that any such minor who
10        is not committed to the Department of Juvenile Justice
11        under this subsection and who is found to be a
12        delinquent for an offense which is first degree murder,
13        a Class X felony, or a forcible felony shall be placed
14        on probation;
15            (ii) placed in accordance with Section 5-740, with
16        or without also being put on probation or conditional
17        discharge;
18            (iii) required to undergo a substance abuse
19        assessment conducted by a licensed provider and
20        participate in the indicated clinical level of care;
21            (iv) on and after the effective date of this
22        amendatory Act of the 98th General Assembly and before
23        January 1, 2017, placed in the guardianship of the
24        Department of Children and Family Services, but only if
25        the delinquent minor is under 16 years of age or,
26        pursuant to Article II of this Act, a minor for whom an

 

 

SB3011 Engrossed- 37 -LRB099 17071 RLC 41429 b

1        independent basis of abuse, neglect, or dependency
2        exists. On and after January 1, 2017, placed in the
3        guardianship of the Department of Children and Family
4        Services, but only if the delinquent minor is under 15
5        years of age or, pursuant to Article II of this Act, a
6        minor for whom an independent basis of abuse, neglect,
7        or dependency exists. An independent basis exists when
8        the allegations or adjudication of abuse, neglect, or
9        dependency do not arise from the same facts, incident,
10        or circumstances which give rise to a charge or
11        adjudication of delinquency;
12            (v) placed in detention for a period not to exceed
13        30 days, either as the exclusive order of disposition
14        or, where appropriate, in conjunction with any other
15        order of disposition issued under this paragraph,
16        provided that any such detention shall be in a juvenile
17        detention home and the minor so detained shall be 10
18        years of age or older. However, the 30-day limitation
19        may be extended by further order of the court for a
20        minor under age 15 committed to the Department of
21        Children and Family Services if the court finds that
22        the minor is a danger to himself or others. The minor
23        shall be given credit on the sentencing order of
24        detention for time spent in detention under Sections
25        5-501, 5-601, 5-710, or 5-720 of this Article as a
26        result of the offense for which the sentencing order

 

 

SB3011 Engrossed- 38 -LRB099 17071 RLC 41429 b

1        was 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 under
4        Section 5-720 of this Article for time spent in
5        detention before the filing of the petition alleging
6        the violation. A minor shall not be deprived of credit
7        for time spent in detention before the filing of a
8        violation of probation or conditional discharge
9        alleging the same or related act or acts. The
10        limitation that the minor shall only be placed in a
11        juvenile detention home does not apply as follows:
12            Persons 18 years of age and older who have a
13        petition of delinquency filed against them may be
14        confined in an adult detention facility. In making a
15        determination whether to confine a person 18 years of
16        age or older who has a petition of delinquency filed
17        against the person, these factors, among other
18        matters, shall be considered:
19                (A) the age of the person;
20                (B) any previous delinquent or criminal
21            history of the person;
22                (C) any previous abuse or neglect history of
23            the person;
24                (D) any mental health history of the person;
25            and
26                (E) any educational history of the person;

 

 

SB3011 Engrossed- 39 -LRB099 17071 RLC 41429 b

1            (vi) ordered partially or completely emancipated
2        in accordance with the provisions of the Emancipation
3        of Minors Act;
4            (vii) subject to having his or her driver's license
5        or driving privileges suspended for such time as
6        determined by the court but only until he or she
7        attains 18 years of age;
8            (viii) put on probation or conditional discharge
9        and placed in detention under Section 3-6039 of the
10        Counties Code for a period not to exceed the period of
11        incarceration permitted by law for adults found guilty
12        of the same offense or offenses for which the minor was
13        adjudicated delinquent, and in any event no longer than
14        upon attainment of age 21; this subdivision (viii)
15        notwithstanding any contrary provision of the law;
16            (ix) ordered to undergo a medical or other
17        procedure to have a tattoo symbolizing allegiance to a
18        street gang removed from his or her body; or
19            (x) placed in electronic home detention under Part
20        7A of this Article.
21        (b) A minor found to be guilty may be committed to the
22    Department of Juvenile Justice under Section 5-750 if the
23    minor is at least 13 years and under 20 years of age,
24    provided that the commitment to the Department of Juvenile
25    Justice shall be made only if a term of imprisonment in the
26    penitentiary system of the Department of Corrections is

 

 

SB3011 Engrossed- 40 -LRB099 17071 RLC 41429 b

1    permitted by law for adults found guilty of the offense for
2    which the minor was adjudicated delinquent. The court shall
3    include in the sentencing order any pre-custody credits the
4    minor is entitled to under Section 5-4.5-100 of the Unified
5    Code of Corrections. The time during which a minor is in
6    custody before being released upon the request of a parent,
7    guardian or legal custodian shall also be considered as
8    time spent in custody.
9        (c) When a minor is found to be guilty for an offense
10    which is a violation of the Illinois Controlled Substances
11    Act, the Cannabis Control Act, or the Methamphetamine
12    Control and Community Protection Act and made a ward of the
13    court, the court may enter a disposition order requiring
14    the minor to undergo assessment, counseling or treatment in
15    a substance abuse program approved by the Department of
16    Human Services.
17    (2) Any sentencing order other than commitment to the
18Department of Juvenile Justice may provide for protective
19supervision under Section 5-725 and may include an order of
20protection under Section 5-730.
21    (3) Unless the sentencing order expressly so provides, it
22does not operate to close proceedings on the pending petition,
23but is subject to modification until final closing and
24discharge of the proceedings under Section 5-750.
25    (4) In addition to any other sentence, the court may order
26any minor found to be delinquent to make restitution, in

 

 

SB3011 Engrossed- 41 -LRB099 17071 RLC 41429 b

1monetary or non-monetary form, under the terms and conditions
2of Section 5-5-6 of the Unified Code of Corrections, except
3that the "presentencing hearing" referred to in that Section
4shall be the sentencing hearing for purposes of this Section.
5The parent, guardian or legal custodian of the minor may be
6ordered by the court to pay some or all of the restitution on
7the minor's behalf, pursuant to the Parental Responsibility
8Law. The State's Attorney is authorized to act on behalf of any
9victim in seeking restitution in proceedings under this
10Section, up to the maximum amount allowed in Section 5 of the
11Parental Responsibility Law.
12    (5) Any sentencing order where the minor is committed or
13placed in accordance with Section 5-740 shall provide for the
14parents or guardian of the estate of the minor to pay to the
15legal custodian or guardian of the person of the minor such
16sums as are determined by the custodian or guardian of the
17person of the minor as necessary for the minor's needs. The
18payments may not exceed the maximum amounts provided for by
19Section 9.1 of the Children and Family Services Act.
20    (6) Whenever the sentencing order requires the minor to
21attend school or participate in a program of training, the
22truant officer or designated school official shall regularly
23report to the court if the minor is a chronic or habitual
24truant under Section 26-2a of the School Code. Notwithstanding
25any other provision of this Act, in instances in which
26educational services are to be provided to a minor in a

 

 

SB3011 Engrossed- 42 -LRB099 17071 RLC 41429 b

1residential facility where the minor has been placed by the
2court, costs incurred in the provision of those educational
3services must be allocated based on the requirements of the
4School Code.
5    (7) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for a period of time in excess
7of that period for which an adult could be committed for the
8same act. The court shall include in the sentencing order a
9limitation on the period of confinement not to exceed the
10maximum period of imprisonment the court could impose under
11Article V of the Unified Code of Corrections.
12    (7.5) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice or placed in detention when the
14act for which the minor was adjudicated delinquent would not be
15illegal if committed by an adult.
16    (8) A minor found to be guilty for reasons that include a
17violation of Section 21-1.3 of the Criminal Code of 1961 or the
18Criminal Code of 2012 shall be ordered to perform community
19service for not less than 30 and not more than 120 hours, if
20community service is available in the jurisdiction. The
21community service shall include, but need not be limited to,
22the cleanup and repair of the damage that was caused by the
23violation or similar damage to property located in the
24municipality or county in which the violation occurred. The
25order may be in addition to any other order authorized by this
26Section.

 

 

SB3011 Engrossed- 43 -LRB099 17071 RLC 41429 b

1    (8.5) A minor found to be guilty for reasons that include a
2violation of Section 3.02 or Section 3.03 of the Humane Care
3for Animals Act or paragraph (d) of subsection (1) of Section
421-1 of the Criminal Code of 1961 or paragraph (4) of
5subsection (a) of Section 21-1 of the Criminal Code of 2012
6shall be ordered to undergo medical or psychiatric treatment
7rendered by a psychiatrist or psychological treatment rendered
8by a clinical psychologist. The order may be in addition to any
9other order authorized by this Section.
10    (9) In addition to any other sentencing order, the court
11shall order any minor found to be guilty for an act which would
12constitute, predatory criminal sexual assault of a child,
13aggravated criminal sexual assault, criminal sexual assault,
14aggravated criminal sexual abuse, or criminal sexual abuse if
15committed by an adult to undergo medical testing to determine
16whether the defendant has any sexually transmissible disease
17including a test for infection with human immunodeficiency
18virus (HIV) or any other identified causative agency of
19acquired immunodeficiency syndrome (AIDS). Any medical test
20shall be performed only by appropriately licensed medical
21practitioners and may include an analysis of any bodily fluids
22as well as an examination of the minor's person. Except as
23otherwise provided by law, the results of the test shall be
24kept strictly confidential by all medical personnel involved in
25the testing and must be personally delivered in a sealed
26envelope to the judge of the court in which the sentencing

 

 

SB3011 Engrossed- 44 -LRB099 17071 RLC 41429 b

1order was entered for the judge's inspection in camera. Acting
2in accordance with the best interests of the victim and the
3public, the judge shall have the discretion to determine to
4whom the results of the testing may be revealed. The court
5shall notify the minor of the results of the test for infection
6with the human immunodeficiency virus (HIV). The court shall
7also notify the victim if requested by the victim, and if the
8victim is under the age of 15 and if requested by the victim's
9parents or legal guardian, the court shall notify the victim's
10parents or the legal guardian, of the results of the test for
11infection with the human immunodeficiency virus (HIV). The
12court shall provide information on the availability of HIV
13testing and counseling at the Department of Public Health
14facilities to all parties to whom the results of the testing
15are revealed. The court shall order that the cost of any test
16shall be paid by the county and may be taxed as costs against
17the minor.
18    (10) When a court finds a minor to be guilty the court
19shall, before entering a sentencing order under this Section,
20make a finding whether the offense committed either: (a) was
21related to or in furtherance of the criminal activities of an
22organized gang or was motivated by the minor's membership in or
23allegiance to an organized gang, or (b) involved a violation of
24subsection (a) of Section 12-7.1 of the Criminal Code of 1961
25or the Criminal Code of 2012, a violation of any Section of
26Article 24 of the Criminal Code of 1961 or the Criminal Code of

 

 

SB3011 Engrossed- 45 -LRB099 17071 RLC 41429 b

12012, or a violation of any statute that involved the wrongful
2use of a firearm. If the court determines the question in the
3affirmative, and the court does not commit the minor to the
4Department of Juvenile Justice, the court shall order the minor
5to perform community service for not less than 30 hours nor
6more than 120 hours, provided that community service is
7available in the jurisdiction and is funded and approved by the
8county board of the county where the offense was committed. The
9community service shall include, but need not be limited to,
10the cleanup and repair of any damage caused by a violation of
11Section 21-1.3 of the Criminal Code of 1961 or the Criminal
12Code of 2012 and similar damage to property located in the
13municipality or county in which the violation occurred. When
14possible and reasonable, the community service shall be
15performed in the minor's neighborhood. This order shall be in
16addition to any other order authorized by this Section except
17for an order to place the minor in the custody of the
18Department of Juvenile Justice. For the purposes of this
19Section, "organized gang" has the meaning ascribed to it in
20Section 10 of the Illinois Streetgang Terrorism Omnibus
21Prevention Act.
22    (11) If the court determines that the offense was committed
23in furtherance of the criminal activities of an organized gang,
24as provided in subsection (10), and that the offense involved
25the operation or use of a motor vehicle or the use of a
26driver's license or permit, the court shall notify the

 

 

SB3011 Engrossed- 46 -LRB099 17071 RLC 41429 b

1Secretary of State of that determination and of the period for
2which the minor shall be denied driving privileges. If, at the
3time of the determination, the minor does not hold a driver's
4license or permit, the court shall provide that the minor shall
5not be issued a driver's license or permit until his or her
618th birthday. If the minor holds a driver's license or permit
7at the time of the determination, the court shall provide that
8the minor's driver's license or permit shall be revoked until
9his or her 21st birthday, or until a later date or occurrence
10determined by the court. If the minor holds a driver's license
11at the time of the determination, the court may direct the
12Secretary of State to issue the minor a judicial driving
13permit, also known as a JDP. The JDP shall be subject to the
14same terms as a JDP issued under Section 6-206.1 of the
15Illinois Vehicle Code, except that the court may direct that
16the JDP be effective immediately.
17    (12) (Blank). If a minor is found to be guilty of a
18violation of subsection (a-7) of Section 1 of the Prevention of
19Tobacco Use by Minors Act, the court may, in its discretion,
20and upon recommendation by the State's Attorney, order that
21minor and his or her parents or legal guardian to attend a
22smoker's education or youth diversion program as defined in
23that Act if that program is available in the jurisdiction where
24the offender resides. Attendance at a smoker's education or
25youth diversion program shall be time-credited against any
26community service time imposed for any first violation of

 

 

SB3011 Engrossed- 47 -LRB099 17071 RLC 41429 b

1subsection (a-7) of Section 1 of that Act. In addition to any
2other penalty that the court may impose for a violation of
3subsection (a-7) of Section 1 of that Act, the court, upon
4request by the State's Attorney, may in its discretion require
5the offender to remit a fee for his or her attendance at a
6smoker's education or youth diversion program.
7    For purposes of this Section, "smoker's education program"
8or "youth diversion program" includes, but is not limited to, a
9seminar designed to educate a person on the physical and
10psychological effects of smoking tobacco products and the
11health consequences of smoking tobacco products that can be
12conducted with a locality's youth diversion program.
13    In addition to any other penalty that the court may impose
14under this subsection (12):
15        (a) If a minor violates subsection (a-7) of Section 1
16    of the Prevention of Tobacco Use by Minors Act, the court
17    may impose a sentence of 15 hours of community service or a
18    fine of $25 for a first violation.
19        (b) A second violation by a minor of subsection (a-7)
20    of Section 1 of that Act that occurs within 12 months after
21    the first violation is punishable by a fine of $50 and 25
22    hours of community service.
23        (c) A third or subsequent violation by a minor of
24    subsection (a-7) of Section 1 of that Act that occurs
25    within 12 months after the first violation is punishable by
26    a $100 fine and 30 hours of community service.

 

 

SB3011 Engrossed- 48 -LRB099 17071 RLC 41429 b

1        (d) Any second or subsequent violation not within the
2    12-month time period after the first violation is
3    punishable as provided for a first violation.
4(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
599-268, eff. 1-1-16.)
 
6    Section 25. The Prevention of Tobacco Use by Minors and
7Sale and Distribution of Tobacco Products Act is amended by
8changing the title of the Act and Sections 0.01, 1, and 2 as
9follows:
 
10    (720 ILCS 675/Act title)
11An Act to prohibit persons under 21 years of age minors
12from buying or , selling, or possessing tobacco in any of its
13forms, to prohibit selling, giving or furnishing tobacco, in
14any of its forms, to persons under 21 years of age minors, and
15to prohibit the distribution of tobacco samples and providing
16penalties therefor.
 
17    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
18    Sec. 0.01. Short title. This Act may be cited as the
19Prevention of Tobacco Use by Persons under 21 Years of Age
20Minors and Sale and Distribution of Tobacco Products Act.
21(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
2296-1000, eff. 7-2-10.)
 

 

 

SB3011 Engrossed- 49 -LRB099 17071 RLC 41429 b

1    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
2    Sec. 1. Prohibition on sale to and possession of tobacco
3products and electronic cigarettes to underage persons by
4minors; prohibition on the distribution of tobacco product
5samples and electronic cigarette samples to any person; use of
6identification cards; vending machines; lunch wagons;
7out-of-package sales.
8    (a) No person minor under 21 18 years of age shall buy any
9tobacco product or electronic cigarette. No person shall sell,
10buy for, distribute samples of or furnish any tobacco product
11or any electronic cigarette to any person minor under 21 18
12years of age.
13    (a-5) No person minor under 16 years of age may sell any
14tobacco product or electronic cigarette at a retail
15establishment selling tobacco products or electronic
16cigarettes, or both. This subsection does not apply to a sales
17clerk in a family-owned business which can prove that the sales
18clerk is in fact a son or daughter of the owner.
19    (a-5.1) Before selling, offering for sale, giving, or
20furnishing a tobacco product or electronic cigarette to another
21person, the person selling, offering for sale, giving, or
22furnishing the tobacco product or electronic cigarette shall
23verify that the person is at least 21 years of age by:
24        (1) examining from any person that appears to be under
25    30 years of age a government-issued photographic
26    identification that establishes the person to be 21 years

 

 

SB3011 Engrossed- 50 -LRB099 17071 RLC 41429 b

1    of age or older; or
2        (2) for sales of electronic cigarettes made through the
3    Internet or other remote sales methods, performing an age
4    verification through an independent, third party age
5    verification service that compares information available
6    from public records to the personal information entered by
7    the person during the ordering process that establishes the
8    person is 21 years of age or older.
9    (a-6) No person minor under 21 18 years of age in the
10furtherance or facilitation of obtaining any tobacco product
11shall display or use a false or forged identification card or
12transfer, alter, or deface an identification card.
13     (a-7) (Blank). No minor under 18 years of age shall
14possess any cigar, cigarette, smokeless tobacco, or tobacco in
15any of its forms.
16    (a-8) A person shall not distribute without charge samples
17of any tobacco product or electronic cigarette to any other
18person, regardless of age:
19        (1) within a retail establishment selling tobacco
20    products, unless the retailer has verified the purchaser's
21    age with a government issued identification;
22        (2) from a lunch wagon; or
23        (3) on a public way as a promotion or advertisement of
24    a tobacco manufacturer, or tobacco product, or electronic
25    cigarette.
26    This subsection (a-8) does not apply to the distribution of

 

 

SB3011 Engrossed- 51 -LRB099 17071 RLC 41429 b

1a tobacco product sample in any adult-only facility.
2    (a-9) For the purpose of this Section:
3        "Adult-only facility means a facility or restricted
4    area (whether open-air or enclosed) where the operator
5    ensures or has a reasonable basis to believe (such as by
6    checking identification as required under State law, or by
7    checking the identification of any person appearing to be
8    under the age of 30 27) that no person under legal age is
9    present. A facility or restricted area need not be
10    permanently restricted to persons under 21 years of legal
11    age to constitute an adult-only facility, provided that the
12    operator ensures or has a reasonable basis to believe that
13    no person under 21 years of legal age is present during the
14    event or time period in question.
15        "Electronic cigarette" means:
16        (1) any device that employs a battery or other
17    mechanism to heat a solution or substance to produce a
18    vapor or aerosol intended for inhalation;
19        (2) any cartridge or container of a solution or
20    substance intended to be used with or in the device or to
21    refill the device; or
22        (3) any solution or substance, whether or not it
23    contains nicotine intended for use in the device.
24    "Electronic cigarette" includes, but is not limited to, any
25    electronic nicotine delivery system, electronic cigar,
26    electronic cigarillo, electronic pipe, electronic hookah,

 

 

SB3011 Engrossed- 52 -LRB099 17071 RLC 41429 b

1    vape pen, or similar product or device, and any components
2    or parts that can be used to build the product or device.
3    "Electronic cigarette" excludes cigarettes as defined in
4    Section 1 of the Cigarette Tax Act and tobacco products as
5    defined in Section 10-5 of the Tobacco Products Tax Act of
6    1995. "Electronic cigarette" does not include any asthma
7    inhaler or any product that has been approved by the United
8    States Food and Drug Administration for tobacco cessation,
9    nicotine cessation, or other therapeutic product approved
10    for use under the Compassionate Use of Medical Cannabis
11    Pilot Program Act.
12        "Lunch wagon" means a mobile vehicle designed and
13    constructed to transport food and from which food is sold
14    to the general public.
15        "Smokeless tobacco" means any tobacco products that
16    are suitable for dipping or chewing.
17        "Tobacco product" means any product containing or made
18    from tobacco that is intended for human consumption,
19    whether smoked, heated, chewed, absorbed, dissolved,
20    inhaled, snorted, sniffed, or ingested by any other means,
21    including, but not limited to, cigarettes, cigars, little
22    cigars, chewing tobacco, pipe tobacco, snuff, and snus.
23    "Tobacco product" includes any component, part, or
24    accessory of a tobacco product, whether or not sold
25    separately. "Tobacco product" does not include any product
26    that has been approved by the United States Food and Drug

 

 

SB3011 Engrossed- 53 -LRB099 17071 RLC 41429 b

1    Administration for sale as a tobacco cessation product or
2    for other therapeutic purposes in which the product is
3    marketed and sold solely for an approved purpose means any
4    cigar, cigarette, smokeless tobacco, or tobacco in any of
5    its forms.
6    (b) Tobacco products and electronic cigarettes listed in
7this Section may be sold through a vending machine only if such
8tobacco products and electronic cigarettes are not placed
9together with any non-tobacco product, other than matches, in
10the vending machine and the vending machine is in any of the
11following locations:
12        (1) (Blank).
13        (2) Places to which persons minors under 21 18 years of
14    age are not permitted access at any time.
15        (3) Places where alcoholic beverages are sold and
16    consumed on the premises and vending machine operation is
17    under the direct supervision of the owner or manager.
18        (4) (Blank).
19        (5) (Blank). Places where the vending machine can only
20    be operated by the owner or an employee over age 18 either
21    directly or through a remote control device if the device
22    is inaccessible to all customers.
23    (c) (Blank).
24    (d) The sale or distribution by any person of a tobacco
25product in this Section, including but not limited to a single
26or loose cigarette, that is not contained within a sealed

 

 

SB3011 Engrossed- 54 -LRB099 17071 RLC 41429 b

1container, pack, or package as provided by the manufacturer,
2which container, pack, or package bears the health warning
3required by federal law, is prohibited.
4    (e) It is not a violation of this Act for a person under 21
518 years of age to purchase a tobacco product or possess a
6cigar, cigarette, smokeless tobacco or electronic cigarette
7tobacco in any of its forms if the person under the age of 21 18
8purchases or is given the cigar, cigarette, smokeless tobacco
9or tobacco product or electronic cigarette in any of its forms
10from a retail seller of tobacco products or electronic
11cigarettes or an employee of the retail seller pursuant to a
12plan or action to investigate, patrol, or otherwise conduct a
13"sting operation" or enforcement action against a retail seller
14of tobacco products or electronic cigarettes or a person
15employed by the retail seller of tobacco products or electronic
16cigarettes or on any premises authorized to sell tobacco
17products or electronic cigarettes to determine if tobacco
18products or electronic cigarettes are being sold or given to
19persons under 21 18 years of age if the "sting operation" or
20enforcement action is approved by, conducted by, or conducted
21on behalf of the Department of State Police, the county
22sheriff, a municipal police department, the Department of
23Revenue, the Department of Public Health, or a local health
24department. The results of any sting operation or enforcement
25action, including the name of the clerk, shall be provided to
26the retail seller within 7 business days.

 

 

SB3011 Engrossed- 55 -LRB099 17071 RLC 41429 b

1(Source: P.A. 98-1055, eff. 1-1-16.)
 
2    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
3    (Text of Section after amendment by P.A. 99-496)
4    Sec. 2. Penalties.
5    (a) Any person who violates subsection (a), or (a-5),
6(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
7(c) of Section 1.5 of this Act is guilty of a petty offense.
8For the first offense in a 24-month period, the person shall be
9fined $200 if his or her employer has a training program that
10facilitates compliance with minimum-age tobacco laws. For the
11second offense in a 24-month period, the person shall be fined
12$400 if his or her employer has a training program that
13facilitates compliance with minimum-age tobacco laws. For the
14third offense in a 24-month period, the person shall be fined
15$600 if his or her employer has a training program that
16facilitates compliance with minimum-age tobacco laws. For the
17fourth or subsequent offense in a 24-month period, the person
18shall be fined $800 if his or her employer has a training
19program that facilitates compliance with minimum-age tobacco
20laws. For the purposes of this subsection, the 24-month period
21shall begin with the person's first violation of the Act. The
22penalties in this subsection are in addition to any other
23penalties prescribed under the Cigarette Tax Act and the
24Tobacco Products Tax Act of 1995.
25    (a-5) Any retailer who violates subsection (a) or (a-5) of

 

 

SB3011 Engrossed- 56 -LRB099 17071 RLC 41429 b

1Section 1 or subsection (b) or (c) of Section 1.5 of this Act
2is guilty of a petty offense. For the first offense, the
3retailer shall be fined $200 if it does not have a training
4program that facilitates compliance with minimum-age tobacco
5laws. For the second offense, the retailer shall be fined $400
6if it does not have a training program that facilitates
7compliance with minimum-age tobacco laws. For the third
8offense, the retailer shall be fined $600 if it does not have a
9training program that facilitates compliance with minimum-age
10tobacco laws. For the fourth or subsequent offense in a
1124-month period, the retailer shall be fined $800 if it does
12not have a training program that facilitates compliance with
13minimum-age tobacco laws. For the purposes of this subsection,
14the 24-month period shall begin with the person's first
15violation of the Act. The penalties in this subsection are in
16addition to any other penalties prescribed under the Cigarette
17Tax Act and the Tobacco Products Tax Act of 1995.
18    (a-6) For the purpose of this Act, a training program that
19facilitates compliance with minimum-age tobacco laws must
20include at least the following elements: (i) it must explain
21that only individuals displaying valid identification
22demonstrating that they are 21 18 years of age or older shall
23be eligible to purchase cigarettes, or tobacco products, or
24electronic cigarettes and (ii) it must explain where a clerk
25can check identification for a date of birth. The training may
26be conducted electronically. Each retailer that has a training

 

 

SB3011 Engrossed- 57 -LRB099 17071 RLC 41429 b

1program shall require each employee who completes the training
2program to sign a form attesting that the employee has received
3and completed tobacco training. The form shall be kept in the
4employee's file and may be used to provide proof of training.
5    (b) If a minor violates subsection (a-7) of Section 1 or
6subsection (d) of Section 1.5 he or she is guilty of a petty
7offense and the court may impose a sentence of 25 hours of
8community service and a fine of $50 for a first violation. If a
9person under 21 years of age minor violates subsection (a-6) of
10Section 1, he or she is guilty of a Class B A misdemeanor.
11    (c) (Blank). A second violation by a minor of subsection
12(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
13within 12 months after the first violation is punishable by a
14fine of $75 and 50 hours of community service.
15    (d) (Blank). A third or subsequent violation by a minor of
16subsection (a-7) of Section 1 or subsection (d) of Section 1.5
17that occurs within 12 months after the first violation is
18punishable by a $200 fine and 50 hours of community service.
19    (e) (Blank). Any second or subsequent violation not within
20the 12-month time period after the first violation is
21punishable as provided for a first violation.
22    (f) (Blank). If a minor is convicted of or placed on
23supervision for a violation of subsection (a-6) or (a-7) of
24Section 1 or subsection (d) of Section 1.5, the court may, in
25its discretion, and upon recommendation by the State's
26Attorney, order that minor and his or her parents or legal

 

 

SB3011 Engrossed- 58 -LRB099 17071 RLC 41429 b

1guardian to attend a smoker's education or youth diversion
2program if that program is available in the jurisdiction where
3the offender resides. Attendance at a smoker's education or
4youth diversion program shall be time-credited against any
5community service time imposed for any first violation of
6subsection (a-7) of Section 1. In addition to any other penalty
7that the court may impose for a violation of subsection (a-7)
8of Section 1 or subsection (d) of Section 1.5, the court, upon
9request by the State's Attorney, may in its discretion require
10the offender to remit a fee for his or her attendance at a
11smoker's education or youth diversion program.
12    (g) (Blank). For purposes of this Section, "smoker's
13education program" or "youth diversion program" includes, but
14is not limited to, a seminar designed to educate a person on
15the physical and psychological effects of smoking tobacco
16products and alternative nicotine products and the health
17consequences of smoking tobacco products and alternative
18nicotine products that can be conducted with a locality's youth
19diversion program.
20    (h) All moneys collected as fines for violations of
21subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
22(a-7) of Section 1 and subsection (b), (c), or (d) of Section
231.5 shall be distributed in the following manner:
24        (1) one-half of each fine shall be distributed to the
25    unit of local government or other entity that successfully
26    prosecuted the offender; and

 

 

SB3011 Engrossed- 59 -LRB099 17071 RLC 41429 b

1        (2) one-half shall be remitted to the State to be used
2    for enforcing this Act.
3    Any violation of subsection (a) or (a-5) of Section 1 or
4subsection (b) or (c) of Section 1.5 shall be reported to the
5Department of Revenue within 7 business days.
6(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;
799-192, eff. 1-1-16; 99-496, eff. 6-1-16.)
 
8    (720 ILCS 675/1.5 rep.)
9    Section 30. The Prevention of Tobacco Use by Minors and
10Sale and Distribution of Tobacco Products Act is amended by
11repealing Section 1.5.
 
12    Section 35. The Display of Tobacco Products Act is amended
13by changing Sections 5, 10, and 15 as follows:
 
14    (720 ILCS 677/5)
15    Sec. 5. Definitions. In this Act:
16    "Electronic cigarette" "Alternative nicotine product" has
17the meaning ascribed to it in Section 1 1.5 of the Prevention
18of Tobacco Use by Persons under 21 Years of Age Minors and Sale
19and Distribution of Tobacco Products Act.
20    "Line of sight" means visible to a cashier or other
21employee.
22    "Age restricted area" means a signed designated area in a
23retail establishment to which persons minors under 21 18 years

 

 

SB3011 Engrossed- 60 -LRB099 17071 RLC 41429 b

1of age are not permitted access unless accompanied by a parent
2or legal guardian.
3(Source: P.A. 98-983, eff. 1-1-15.)
 
4    (720 ILCS 677/10)
5    Sec. 10. Tobacco product displays. All single packs of
6cigarettes and electronic cigarettes alternative nicotine
7products must be sold from behind the counter or in an age
8restricted area or in a sealed display case. Any other tobacco
9products must be sold in line of sight.
10    The restrictions described in this Section do not apply to
11a retail tobacco store that (i) derives at least 90% of its
12revenue from tobacco and tobacco related products; (ii) does
13not permit persons under the age of 21 18 to enter the premises
14unless accompanied by a parent or legal guardian; and (iii)
15posts a sign on the main entrance way stating that persons
16under the age of 21 18 are prohibited from entering unless
17accompanied by a parent or legal guardian.
18(Source: P.A. 98-983, eff. 1-1-15.)
 
19    (720 ILCS 677/15)
20    Sec. 15. Vending machines. This Act does not prohibit the
21sale of tobacco products from vending machines if the location
22of the vending machines are in compliance with the provisions
23of Section 1 of the Prevention of Tobacco Use by Persons under
2421 Years of Age Minors and Sale and Distribution of Tobacco

 

 

SB3011 Engrossed- 61 -LRB099 17071 RLC 41429 b

1Products Act.
2(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
396-1000, eff. 7-2-10.)
 
4    Section 40. The Smokeless Tobacco Limitation Act is amended
5by changing the title of the Act and Sections 3 and 4 as
6follows:
 
7    (720 ILCS 680/Act title)
8An Act to prohibit the sale or distribution of smokeless
9tobacco products to persons under 21 18 years of age.
 
10    (720 ILCS 680/3)  (from Ch. 23, par. 2358-23)
11    Sec. 3. No person shall sell any smokeless tobacco product
12to any person under the age of 21 18. Any person who violates
13this Section shall be guilty of a business offense punishable
14by a fine of not more than $50 for each violation.
15(Source: P.A. 85-465.)
 
16    (720 ILCS 680/4)  (from Ch. 23, par. 2358-24)
17    Sec. 4. No person shall distribute or cause to be
18distributed to any person under the age of 21 18, without
19charge or at a nominal cost, any smokeless tobacco product. Any
20person who violates this Section shall be guilty of a business
21offense punishable for a first offense by a fine of $200, for a
22second offense in a 12-month period by a fine of $400, and for

 

 

SB3011 Engrossed- 62 -LRB099 17071 RLC 41429 b

1the third or any subsequent offense in a 12-month period by a
2fine of $600. One-half of each fine collected under this
3Section shall be distributed to the unit of local government or
4other entity that successfully prosecuted the offender and
5one-half shall be remitted to the State to be used for the
6enforcement of this Act.
7(Source: P.A. 88-418.)
 
8    Section 45. The Tobacco Accessories and Smoking Herbs
9Control Act is amended by changing Section 4 as follows:
 
10    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
11    Sec. 4. Offenses.
12    (a) Sale to minors. No person shall knowingly sell, barter,
13exchange, deliver or give away or cause or permit or procure to
14be sold, bartered, exchanged, delivered, or given away tobacco
15accessories or smoking herbs to any person under 21 18 years of
16age.
17    (a-5) Sale of bidi cigarettes. No person shall knowingly
18sell, barter, exchange, deliver, or give away a bidi cigarette
19to another person, nor shall a person cause or permit or
20procure a bidi cigarette to be sold, bartered, exchanged,
21delivered, or given away to another person.
22    (b) Sale of cigarette paper. No person shall knowingly
23offer, sell, barter, exchange, deliver or give away cigarette
24paper or cause, permit, or procure cigarette paper to be sold,

 

 

SB3011 Engrossed- 63 -LRB099 17071 RLC 41429 b

1offered, bartered, exchanged, delivered, or given away except
2from premises or an establishment where other tobacco products
3are sold. For purposes of this Section, "tobacco products"
4means cigarettes, cigars, smokeless tobacco, or tobacco in any
5of its forms.
6    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
7person shall not knowingly sell, give away, barter, exchange,
8or otherwise furnish to any person any wrapping paper or
9wrapping leaf, however characterized, including, without
10limitation, cigarette papers, blunt wraps, cigar wraps, or
11tubes of paper or leaf, or any similar device, for the purpose
12of making a roll of tobacco or herbs for smoking, that is or is
13held out to be, impregnated, scented, or imbibed with, or aged
14or dipped in, a characterizing flavor, other than tobacco or
15menthol, including, without limitation, alcoholic or liquor
16flavor, or both, chocolate, fruit flavoring, vanilla, peanut
17butter, jelly, or any combination of those flavors or similar
18child attractive scent or flavor.
19    (c) Sale of cigarette paper from vending machines. No
20person shall knowingly offer, sell, barter, exchange, deliver
21or give away cigarette paper or cause, permit, or procure
22cigarette paper to be sold, offered, bartered, exchanged,
23delivered, or given away by use of a vending or coin-operated
24machine or device. For purposes of this Section, "cigarette
25paper" shall not include any paper that is incorporated into a
26product to which a tax stamp must be affixed under the

 

 

SB3011 Engrossed- 64 -LRB099 17071 RLC 41429 b

1Cigarette Tax Act or the Cigarette Use Tax Act.
2    (d) Use of identification cards. No person in the
3furtherance or facilitation of obtaining smoking accessories
4and smoking herbs shall display or use a false or forged
5identification card or transfer, alter, or deface an
6identification card.
7    (e) Warning to minors. Any person, firm, partnership,
8company or corporation operating a place of business where
9tobacco accessories and smoking herbs are sold or offered for
10sale shall post in a conspicuous place upon the premises a sign
11upon which there shall be imprinted the following statement,
12"SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER
13TWENTY-ONE EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF
14AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign
15shall be printed on a white card in red letters at least
16one-half inch in height.
17(Source: P.A. 97-917, eff. 8-9-12.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.