Full Text of SB0032 99th General Assembly
SB0032 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0032 Introduced 1/15/2015, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 720 ILCS 675/1.5 | | 720 ILCS 675/2 | from Ch. 23, par. 2358 |
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Amends the Prevention of Tobacco Use by
Minors and Sale and Distribution of Tobacco Products Act. Provides that a person under 18 years of age shall not possess an alternative nicotine product. Establishes penalties.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevention of Tobacco Use by
Minors and Sale | 5 | | and Distribution of Tobacco Products Act is amended by changing | 6 | | Sections 1.5 and 2 as follows: | 7 | | (720 ILCS 675/1.5) | 8 | | Sec. 1.5. Distribution of alternative nicotine products to | 9 | | persons under 18 years of age prohibited. | 10 | | (a) For the purposes of this Section, "alternative nicotine | 11 | | product" means a product or device not consisting of or | 12 | | containing tobacco that provides for the ingestion into the | 13 | | body of nicotine, whether by chewing, smoking, absorbing, | 14 | | dissolving, inhaling, snorting, sniffing, or by any other | 15 | | means. "Alternative nicotine product" excludes cigarettes, | 16 | | smokeless tobacco, or other tobacco products as these terms are | 17 | | defined in Section 1 of this Act and any product approved by | 18 | | the United States Food and Drug Administration as a non-tobacco | 19 | | product for sale as a tobacco cessation product, as a tobacco | 20 | | dependence product, or for other medical purposes, and is being | 21 | | marketed and sold solely for that approved purpose. | 22 | | (b) A person, either directly or indirectly by an agent or | 23 | | employee, or by a vending machine
owned by the person or |
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| 1 | | located in the person's establishment, may not sell, offer for | 2 | | sale, give,
or furnish any alternative nicotine product, or any | 3 | | cartridge or component of an alternative nicotine product, to a | 4 | | person under 18 years of age. | 5 | | (c) Before selling, offering for sale, giving, or | 6 | | furnishing an alternative nicotine product, or any cartridge
or | 7 | | component of an alternative nicotine product, to another | 8 | | person, the person selling, offering for sale, giving, or | 9 | | furnishing the alternative nicotine product shall verify that | 10 | | the
person is at least 18 years of age by: | 11 | | (1) examining from any person that appears to
be under | 12 | | 27 years of age a government-issued photographic | 13 | | identification that establishes
the person is at least 18 | 14 | | years of age or | 15 | | (2) for sales made though the Internet or other
remote | 16 | | sales methods, performing an age verification through an | 17 | | independent, third-party
age verification service that | 18 | | compares information available from public records to the
| 19 | | personal information entered by the person during the | 20 | | ordering process that establishes
the person is 18 years of | 21 | | age or older.
| 22 | | (d) A person under 18 years of age shall not possess an | 23 | | alternative nicotine product. | 24 | | (Source: P.A. 98-350, eff. 1-1-14.) | 25 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
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| 1 | | (Text of Section before amendment by P.A. 98-1055 ) | 2 | | Sec. 2. Penalties. | 3 | | (a) Any person who violates subsection (a), (a-5), or (a-6) | 4 | | of Section 1
or Section 1.5 of this Act is guilty of a
petty | 5 | | offense and
for the first offense
shall be fined $200, $400 for | 6 | | the
second offense in a 12-month period, and
$600 for the third | 7 | | or any
subsequent
offense in a 12-month period.
| 8 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 9 | | she is guilty of a petty offense and the court may
impose a | 10 | | sentence of 15 hours of
community
service or a fine of $25 for | 11 | | a first violation.
| 12 | | (c) A second violation by a minor of subsection (a-7) of | 13 | | Section 1 that occurs
within 12 months after the first | 14 | | violation is punishable by a fine of $50 and
25
hours of | 15 | | community service.
| 16 | | (d) A third or subsequent violation by a minor of | 17 | | subsection (a-7) of Section
1
that
occurs within 12 months | 18 | | after the first violation is punishable by a $100
fine
and 30 | 19 | | hours of community service.
| 20 | | (e) Any second or subsequent violation not within the | 21 | | 12-month time period
after
the first violation is punishable as | 22 | | provided for a first violation.
| 23 | | (f) If a minor is convicted of or placed on supervision for | 24 | | a violation of
subsection (a-7) of Section 1, the court may, in | 25 | | its discretion, and upon
recommendation by the State's | 26 | | Attorney, order that minor and his or her parents
or legal
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| 1 | | guardian to attend a smoker's education or youth diversion | 2 | | program if that
program is available in the jurisdiction where | 3 | | the offender resides.
Attendance at a smoker's education or | 4 | | youth diversion program
shall be time-credited against any | 5 | | community service time imposed for any
first violation of | 6 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 7 | | that the court may impose for a violation of subsection (a-7) | 8 | | of Section 1, the
court, upon request by the State's Attorney, | 9 | | may in its discretion
require
the offender to remit a fee for | 10 | | his or her attendance at a smoker's
education or
youth | 11 | | diversion program.
| 12 | | (g) For purposes of this Section, "smoker's education
| 13 | | program"
or
"youth diversion program" includes, but is not | 14 | | limited to, a seminar designed
to educate a person on the | 15 | | physical and psychological effects of smoking
tobacco products | 16 | | and the health consequences of smoking tobacco products
that | 17 | | can be conducted with a locality's youth diversion program.
| 18 | | (h) All moneys collected as fines for violations of | 19 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 20 | | distributed in the following manner:
| 21 | | (1) one-half of each fine shall be distributed to the | 22 | | unit of local
government or other entity that successfully | 23 | | prosecuted the offender;
and
| 24 | | (2) one-half shall be remitted to the State to be used | 25 | | for enforcing this
Act.
| 26 | | (Source: P.A. 98-350, eff. 1-1-14.)
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| 1 | | (Text of Section after amendment by P.A. 98-1055 ) | 2 | | Sec. 2. Penalties. | 3 | | (a) Any person who violates subsection (a) or (a-5) of | 4 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 5 | | offense. For the first offense in a 24-month period, the person | 6 | | shall be fined $200 if his or her employer has a training | 7 | | program that facilitates compliance with minimum-age tobacco | 8 | | laws. For the second offense in a 24-month period, the person | 9 | | shall be fined $400 if his or her employer has a training | 10 | | program that facilitates compliance with minimum-age tobacco | 11 | | laws. For the third offense in a 24-month period, the person | 12 | | shall be fined $600 if his or her employer has a training | 13 | | program that facilitates compliance with minimum-age tobacco | 14 | | laws. For the fourth or subsequent offense in a 24-month | 15 | | period, the person shall be fined $800 if his or her employer | 16 | | has a training program that facilitates compliance with | 17 | | minimum-age tobacco laws. For the purposes of this subsection, | 18 | | the 24-month period shall begin with the person's first | 19 | | violation of the Act. The penalties in this subsection are in | 20 | | addition to any other penalties prescribed under the Cigarette | 21 | | Tax Act and the Tobacco Products Tax Act of 1995. | 22 | | (a-5) Any person who violates subsection (a) or (a-5) of | 23 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 24 | | offense. For the first offense, the retailer shall be fined | 25 | | $200 if it does not have a training program that facilitates |
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| 1 | | compliance with minimum-age tobacco laws. For the second | 2 | | offense, the retailer shall be fined $400 if it does not have a | 3 | | training program that facilitates compliance with minimum-age | 4 | | tobacco laws. For the third offense, the retailer shall be | 5 | | fined $600 if it does not have a training program that | 6 | | facilitates compliance with minimum-age tobacco laws. For the | 7 | | fourth or subsequent offense in a 24-month period, the retailer | 8 | | shall be fined $800 if it does not have a training program that | 9 | | facilitates compliance with minimum-age tobacco laws. For the | 10 | | purposes of this subsection, the 24-month period shall begin | 11 | | with the person's first violation of the Act. The penalties in | 12 | | this subsection are in addition to any other penalties | 13 | | prescribed under the Cigarette Tax Act and the Tobacco Products | 14 | | Tax Act of 1995. | 15 | | (a-6) For the purpose of this Act, a training program that | 16 | | facilitates compliance with minimum-age tobacco laws must | 17 | | include at least the following elements: (i) it must explain | 18 | | that only individuals displaying valid identification | 19 | | demonstrating that they are 18 years of age or older shall be | 20 | | eligible to purchase cigarettes or tobacco products; (ii) it | 21 | | must explain where a clerk can check identification for a date | 22 | | of birth; and (iii) it must explain the penalties that a clerk | 23 | | and retailer are subject to for violations of the Prevention of | 24 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 25 | | Products Act.
| 26 | | (b) If a minor violates subsection (a-7) of Section 1 or |
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| 1 | | subsection (d) of Section 1.5 he or she is guilty of a petty | 2 | | offense and the court may
impose a sentence of 25 hours of
| 3 | | community
service and a fine of $50 for a first violation. If a | 4 | | minor violates subsection (a-6) of Section 1, he or she is | 5 | | guilty of a Class A misdemeanor.
| 6 | | (c) A second violation by a minor of subsection (a-7) of | 7 | | Section 1 or subsection (d) of Section 1.5 that occurs
within | 8 | | 12 months after the first violation is punishable by a fine of | 9 | | $75 and 50
hours of community service.
| 10 | | (d) A third or subsequent violation by a minor of | 11 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | 12 | | that
occurs within 12 months after the first violation is | 13 | | punishable by a $200
fine
and 50 hours of community service.
| 14 | | (e) Any second or subsequent violation not within the | 15 | | 12-month time period
after
the first violation is punishable as | 16 | | provided for a first violation.
| 17 | | (f) If a minor is convicted of or placed on supervision for | 18 | | a violation of
subsection (a-6) or (a-7) of Section 1 or | 19 | | subsection (d) of Section 1.5 , the court may, in its | 20 | | discretion, and upon
recommendation by the State's Attorney, | 21 | | order that minor and his or her parents
or legal
guardian to | 22 | | attend a smoker's education or youth diversion program if that
| 23 | | program is available in the jurisdiction where the offender | 24 | | resides.
Attendance at a smoker's education or youth diversion | 25 | | program
shall be time-credited against any community service | 26 | | time imposed for any
first violation of subsection (a-7) of |
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| 1 | | Section 1. In addition to any other
penalty
that the court may | 2 | | impose for a violation of subsection (a-7) of Section 1 or | 3 | | subsection (d) of Section 1.5 , the
court, upon request by the | 4 | | State's Attorney, may in its discretion
require
the offender to | 5 | | remit a fee for his or her attendance at a smoker's
education | 6 | | or
youth diversion program.
| 7 | | (g) For purposes of this Section, "smoker's education
| 8 | | program"
or
"youth diversion program" includes, but is not | 9 | | limited to, a seminar designed
to educate a person on the | 10 | | physical and psychological effects of smoking
tobacco products | 11 | | and alternative nicotine products and the health consequences | 12 | | of smoking tobacco products
and alternative nicotine products | 13 | | that can be conducted with a locality's youth diversion | 14 | | program.
| 15 | | (h) All moneys collected as fines for violations of | 16 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | 17 | | subsection (d) of Section 1.5 shall be distributed in the | 18 | | following manner:
| 19 | | (1) one-half of each fine shall be distributed to the | 20 | | unit of local
government or other entity that successfully | 21 | | prosecuted the offender;
and
| 22 | | (2) one-half shall be remitted to the State to be used | 23 | | for enforcing this
Act.
| 24 | | Any violation of subsection (a) or (a-5) of Section 1 or | 25 | | Section 1.5 shall be reported to the Department of Revenue | 26 | | within 7 business days. |
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| 1 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
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