Illinois General Assembly - Full Text of HB2250
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Full Text of HB2250  98th General Assembly




HB2250 EngrossedLRB098 07662 RLC 37735 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 Prevention of Tobacco Use by Minors and Sale
5and Distribution of Tobacco Products Act is amended by changing
6Sections 1 and 2 and adding Section 1.5 as follows:
7    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
8    Sec. 1. Prohibition on sale to and possession of tobacco by
9minors; prohibition on the distribution of tobacco samples to
10any person; use of identification cards; vending machines;
11lunch wagons; out-of-package sales.
12    (a) No minor under 18 years of age shall buy any tobacco
13product. No person shall sell, buy for, distribute samples of
14or furnish any tobacco product to any minor under 18 years of
16    (a-5) No minor under 16 years of age may sell any tobacco
17product at a retail establishment selling tobacco products.
18This subsection does not apply to a sales clerk in a
19family-owned business which can prove that the sales clerk is
20in fact a son or daughter of the owner.
21    (a-6) No minor under 18 years of age in the furtherance or
22facilitation of obtaining any tobacco product shall display or
23use a false or forged identification card or transfer, alter,



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1or deface an identification card.
2     (a-7) No minor under 18 years of age shall possess any
3cigar, cigarette, electronic cigarette, smokeless tobacco, or
4tobacco in any of its forms.
5    (a-8) A person shall not distribute without charge samples
6of any tobacco product to any other person, regardless of age:
7        (1) within a retail establishment selling tobacco
8    products, unless the retailer has verified the purchaser's
9    age with a government issued identification;
10        (2) from a lunch wagon; or
11        (3) on a public way as a promotion or advertisement of
12    a tobacco manufacturer or tobacco product.
13    This subsection (a-8) does not apply to the distribution of
14a tobacco product sample in any adult-only facility.
15    (a-9) For the purpose of this Act Section:
16        "Adult-only facility means a facility or restricted
17    area (whether open-air or enclosed) where the operator
18    ensures or has a reasonable basis to believe (such as by
19    checking identification as required under State law, or by
20    checking the identification of any person appearing to be
21    under the age of 27) that no person under legal age is
22    present. A facility or restricted area need not be
23    permanently restricted to persons under legal age to
24    constitute an adult-only facility, provided that the
25    operator ensures or has a reasonable basis to believe that
26    no person under legal age is present during the event or



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1    time period in question.
2        "Alternative nicotine product" means a product or
3    device not consisting of or containing tobacco that
4    provides for the ingestion into the body of nicotine,
5    whether by chewing, smoking, absorbing, dissolving,
6    inhaling, snorting, sniffing, or by any other means.
7    "Alternative nicotine product" excludes cigarettes,
8    smokeless tobacco, or other tobacco products as these terms
9    are defined in this Section and any product approved by the
10    United States Food and Drug Administration as a non-tobacco
11    product for sale as a tobacco cessation product, as a
12    tobacco dependence product, or for other medical purposes,
13    and is being marketed and sold solely for that approved
14    purpose.
15        "Electronic cigarette" or "e-cigarette" means a
16    battery-operated device that contains cartridges filled
17    with a combination of nicotine, flavor, and chemicals that
18    are turned into vapor which is inhaled by the user.
19        "Lunch wagon" means a mobile vehicle designed and
20    constructed to transport food and from which food is sold
21    to the general public.
22        "Smokeless tobacco" means any tobacco products that
23    are suitable for dipping or chewing.
24        "Tobacco product" means any cigar, cigarette,
25    electronic cigarette, smokeless tobacco, or tobacco in any
26    of its forms.



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1    (b) Tobacco products listed in this Section may be sold
2through a vending machine only if such tobacco products are not
3placed together with any non-tobacco product, other than
4matches, in the vending machine and the vending machine is in
5any of the following locations:
6        (1) (Blank).
7        (2) Places to which minors under 18 years of age are
8    not permitted access.
9        (3) Places where alcoholic beverages are sold and
10    consumed on the premises and vending machine operation is
11    under the direct supervision of the owner or manager.
12        (4) (Blank).
13        (5) Places where the vending machine can only be
14    operated by the owner or an employee over age 18 either
15    directly or through a remote control device if the device
16    is inaccessible to all customers.
17    (c) (Blank).
18    (d) The sale or distribution by any person of a tobacco
19product in this Section, including but not limited to a single
20or loose cigarette, that is not contained within a sealed
21container, pack, or package as provided by the manufacturer,
22which container, pack, or package bears the health warning
23required by federal law, is prohibited.
24    (e) It is not a violation of this Act for a person under 18
25years of age to purchase or possess a cigar, cigarette,
26electronic cigarette, alternative nicotine product, smokeless



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1tobacco or tobacco in any of its forms if the person under the
2age of 18 purchases or is given the cigar, cigarette,
3electronic cigarette, alternative nicotine product, smokeless
4tobacco or tobacco in any of its forms from a retail seller of
5tobacco products or an employee of the retail seller pursuant
6to a plan or action to investigate, patrol, or otherwise
7conduct a "sting operation" or enforcement action against a
8retail seller of tobacco products or a person employed by the
9retail seller of tobacco products or on any premises authorized
10to sell tobacco products to determine if tobacco products are
11being sold or given to persons under 18 years of age if the
12"sting operation" or enforcement action is approved by the
13Department of State Police, the county sheriff, a municipal
14police department, the Department of Public Health, or a local
15health department.
16(Source: P.A. 95-905, eff. 1-1-09; 96-179, eff. 8-10-09;
1796-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
18    (720 ILCS 675/1.5 new)
19    Sec. 1.5. Distribution of alternative nicotine products to
20persons under 18 years of age prohibited.
21    (a) A person, either directly or indirectly by an agent or
22employee, or by a vending machine owned by the person or
23located in the person's establishment, may not sell, offer for
24sale, give, or furnish any alternative nicotine product, or any
25cartridge or component of an alternative nicotine product, to a



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1person under 18 years of age.
2    (b) Before selling, offering for sale, giving, or
3furnishing an alternative nicotine product, or any cartridge or
4component of an alternative nicotine product, to another
5person, the person selling, offering for sale, giving, or
6furnishing the alternative nicotine product shall verify that
7the person is at least 18 years of age by:
8        (1) examining from any person that appears to be under
9    27 years of age a government-issued photographic
10    identification that establishes the person is at least 18
11    years of age or
12        (2) for sales made through the Internet or other remote
13    sales methods, performing an age verification through an
14    independent, third-party age verification service that
15    compares information available from public records to the
16    personal information entered by the person during the
17    ordering process that establishes the person is 18 years of
18    age or older.
19    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
20    Sec. 2. Penalties.
21    (a) Any person who violates subsection (a), (a-5), or (a-6)
22of Section 1 or Section 1.5 of this Act is guilty of a petty
23offense and for the first offense shall be fined $200, $400 for
24the second offense in a 12-month period, and $600 for the third
25or any subsequent offense in a 12-month period.



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1    (b) If a minor violates subsection (a-7) of Section 1 he or
2she is guilty of a petty offense and the court may impose a
3sentence of 15 hours of community service or a fine of $25 for
4a first violation.
5    (c) A second violation by a minor of subsection (a-7) of
6Section 1 that occurs within 12 months after the first
7violation is punishable by a fine of $50 and 25 hours of
8community service.
9    (d) A third or subsequent violation by a minor of
10subsection (a-7) of Section 1 that occurs within 12 months
11after the first violation is punishable by a $100 fine and 30
12hours of community service.
13    (e) Any second or subsequent violation not within the
1412-month time period after the first violation is punishable as
15provided for a first violation.
16    (f) If a minor is convicted of or placed on supervision for
17a violation of subsection (a-7) of Section 1, the court may, in
18its discretion, and upon recommendation by the State's
19Attorney, order that minor and his or her parents or legal
20guardian to attend a smoker's education or youth diversion
21program if that program is available in the jurisdiction where
22the offender resides. Attendance at a smoker's education or
23youth diversion program shall be time-credited against any
24community service time imposed for any first violation of
25subsection (a-7) of Section 1. In addition to any other penalty
26that the court may impose for a violation of subsection (a-7)



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1of Section 1, the court, upon request by the State's Attorney,
2may in its discretion require the offender to remit a fee for
3his or her attendance at a smoker's education or youth
4diversion program.
5    (g) For purposes of this Section, "smoker's education
6program" or "youth diversion program" includes, but is not
7limited to, a seminar designed to educate a person on the
8physical and psychological effects of smoking tobacco products
9and the health consequences of smoking tobacco products that
10can be conducted with a locality's youth diversion program.
11    (h) All moneys collected as fines for violations of
12subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
13distributed in the following manner:
14        (1) one-half of each fine shall be distributed to the
15    unit of local government or other entity that successfully
16    prosecuted the offender; and
17        (2) one-half shall be remitted to the State to be used
18    for enforcing this Act.
19(Source: P.A. 96-179, eff. 8-10-09.)