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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

    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.


LRB099 02713 RLC 22720 b

 

 

A BILL FOR

 

SB0032LRB099 02713 RLC 22720 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 1.5 and 2 as follows:
 
7    (720 ILCS 675/1.5)
8    Sec. 1.5. Distribution of alternative nicotine products to
9persons under 18 years of age prohibited.
10    (a) For the purposes of this Section, "alternative nicotine
11product" means a product or device not consisting of or
12containing tobacco that provides for the ingestion into the
13body of nicotine, whether by chewing, smoking, absorbing,
14dissolving, inhaling, snorting, sniffing, or by any other
15means. "Alternative nicotine product" excludes cigarettes,
16smokeless tobacco, or other tobacco products as these terms are
17defined in Section 1 of this Act and any product approved by
18the United States Food and Drug Administration as a non-tobacco
19product for sale as a tobacco cessation product, as a tobacco
20dependence product, or for other medical purposes, and is being
21marketed and sold solely for that approved purpose.
22    (b) A person, either directly or indirectly by an agent or
23employee, or by a vending machine owned by the person or

 

 

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1located in the person's establishment, may not sell, offer for
2sale, give, or furnish any alternative nicotine product, or any
3cartridge or component of an alternative nicotine product, to a
4person under 18 years of age.
5    (c) Before selling, offering for sale, giving, or
6furnishing an alternative nicotine product, or any cartridge or
7component of an alternative nicotine product, to another
8person, the person selling, offering for sale, giving, or
9furnishing the alternative nicotine product shall verify that
10the 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
23alternative 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)
4of Section 1 or Section 1.5 of this Act is guilty of a petty
5offense and for the first offense shall be fined $200, $400 for
6the second offense in a 12-month period, and $600 for the third
7or any subsequent offense in a 12-month period.
8    (b) If a minor violates subsection (a-7) of Section 1 he or
9she is guilty of a petty offense and the court may impose a
10sentence of 15 hours of community service or a fine of $25 for
11a first violation.
12    (c) A second violation by a minor of subsection (a-7) of
13Section 1 that occurs within 12 months after the first
14violation is punishable by a fine of $50 and 25 hours of
15community service.
16    (d) A third or subsequent violation by a minor of
17subsection (a-7) of Section 1 that occurs within 12 months
18after the first violation is punishable by a $100 fine and 30
19hours of community service.
20    (e) Any second or subsequent violation not within the
2112-month time period after the first violation is punishable as
22provided for a first violation.
23    (f) If a minor is convicted of or placed on supervision for
24a violation of subsection (a-7) of Section 1, the court may, in
25its discretion, and upon recommendation by the State's
26Attorney, order that minor and his or her parents or legal

 

 

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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, the court, upon request by the State's Attorney,
9may in its discretion require the offender to remit a fee for
10his or her attendance at a smoker's education or youth
11diversion program.
12    (g) For purposes of this Section, "smoker's education
13program" or "youth diversion program" includes, but is not
14limited to, a seminar designed to educate a person on the
15physical and psychological effects of smoking tobacco products
16and the health consequences of smoking tobacco products that
17can be conducted with a locality's youth diversion program.
18    (h) All moneys collected as fines for violations of
19subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
20distributed 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
4Section 1 or Section 1.5 of this Act is guilty of a petty
5offense. For the first offense in a 24-month period, the person
6shall be fined $200 if his or her employer has a training
7program that facilitates compliance with minimum-age tobacco
8laws. For the second offense in a 24-month period, the person
9shall be fined $400 if his or her employer has a training
10program that facilitates compliance with minimum-age tobacco
11laws. For the third offense in a 24-month period, the person
12shall be fined $600 if his or her employer has a training
13program that facilitates compliance with minimum-age tobacco
14laws. For the fourth or subsequent offense in a 24-month
15period, the person shall be fined $800 if his or her employer
16has a training program that facilitates compliance with
17minimum-age tobacco laws. For the purposes of this subsection,
18the 24-month period shall begin with the person's first
19violation of the Act. The penalties in this subsection are in
20addition to any other penalties prescribed under the Cigarette
21Tax Act and the Tobacco Products Tax Act of 1995.
22    (a-5) Any person who violates subsection (a) or (a-5) of
23Section 1 or Section 1.5 of this Act is guilty of a petty
24offense. 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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1compliance with minimum-age tobacco laws. For the second
2offense, the retailer shall be fined $400 if it does not have a
3training program that facilitates compliance with minimum-age
4tobacco laws. For the third offense, the retailer shall be
5fined $600 if it does not have a training program that
6facilitates compliance with minimum-age tobacco laws. For the
7fourth or subsequent offense in a 24-month period, the retailer
8shall be fined $800 if it does not have a training program that
9facilitates compliance with minimum-age tobacco laws. For the
10purposes of this subsection, the 24-month period shall begin
11with the person's first violation of the Act. The penalties in
12this subsection are in addition to any other penalties
13prescribed under the Cigarette Tax Act and the Tobacco Products
14Tax Act of 1995.
15    (a-6) For the purpose of this Act, a training program that
16facilitates compliance with minimum-age tobacco laws must
17include at least the following elements: (i) it must explain
18that only individuals displaying valid identification
19demonstrating that they are 18 years of age or older shall be
20eligible to purchase cigarettes or tobacco products; (ii) it
21must explain where a clerk can check identification for a date
22of birth; and (iii) it must explain the penalties that a clerk
23and retailer are subject to for violations of the Prevention of
24Tobacco Use by Minors and Sale and Distribution of Tobacco
25Products Act.
26    (b) If a minor violates subsection (a-7) of Section 1 or

 

 

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1subsection (d) of Section 1.5 he or she is guilty of a petty
2offense and the court may impose a sentence of 25 hours of
3community service and a fine of $50 for a first violation. If a
4minor violates subsection (a-6) of Section 1, he or she is
5guilty of a Class A misdemeanor.
6    (c) A second violation by a minor of subsection (a-7) of
7Section 1 or subsection (d) of Section 1.5 that occurs within
812 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
11subsection (a-7) of Section 1 or subsection (d) of Section 1.5
12that occurs within 12 months after the first violation is
13punishable by a $200 fine and 50 hours of community service.
14    (e) Any second or subsequent violation not within the
1512-month time period after the first violation is punishable as
16provided for a first violation.
17    (f) If a minor is convicted of or placed on supervision for
18a violation of subsection (a-6) or (a-7) of Section 1 or
19subsection (d) of Section 1.5, the court may, in its
20discretion, and upon recommendation by the State's Attorney,
21order that minor and his or her parents or legal guardian to
22attend a smoker's education or youth diversion program if that
23program is available in the jurisdiction where the offender
24resides. Attendance at a smoker's education or youth diversion
25program shall be time-credited against any community service
26time imposed for any first violation of subsection (a-7) of

 

 

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1Section 1. In addition to any other penalty that the court may
2impose for a violation of subsection (a-7) of Section 1 or
3subsection (d) of Section 1.5, the court, upon request by the
4State's Attorney, may in its discretion require the offender to
5remit a fee for his or her attendance at a smoker's education
6or youth diversion program.
7    (g) For purposes of this Section, "smoker's education
8program" or "youth diversion program" includes, but is not
9limited to, a seminar designed to educate a person on the
10physical and psychological effects of smoking tobacco products
11and alternative nicotine products and the health consequences
12of smoking tobacco products and alternative nicotine products
13that can be conducted with a locality's youth diversion
14program.
15    (h) All moneys collected as fines for violations of
16subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
17subsection (d) of Section 1.5 shall be distributed in the
18following 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
25Section 1.5 shall be reported to the Department of Revenue
26within 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
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.