SB0032enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB0032 EnrolledLRB099 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 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 subsection (b) or (c) of Section 1.5 of this Act
5is guilty of a petty offense. For the first offense in a
624-month period, the person shall be fined $200 if his or her
7employer has a training program that facilitates compliance
8with minimum-age tobacco laws. For the second offense in a
924-month period, the person shall be fined $400 if his or her
10employer has a training program that facilitates compliance
11with minimum-age tobacco laws. For the third offense in a
1224-month period, the person shall be fined $600 if his or her
13employer has a training program that facilitates compliance
14with minimum-age tobacco laws. For the fourth or subsequent
15offense in a 24-month period, the person shall be fined $800 if
16his or her employer has a training program that facilitates
17compliance with minimum-age tobacco laws. For the purposes of
18this subsection, the 24-month period shall begin with the
19person's first violation of the Act. The penalties in this
20subsection are in addition to any other penalties prescribed
21under the Cigarette Tax Act and the Tobacco Products Tax Act of
221995.
23    (a-5) Any retailer person who violates subsection (a) or
24(a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of
25this Act is guilty of a petty offense. For the first offense,
26the retailer shall be fined $200 if it does not have a training

 

 

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1program that facilitates compliance with minimum-age tobacco
2laws. For the second offense, the retailer shall be fined $400
3if it does not have a training program that facilitates
4compliance with minimum-age tobacco laws. For the third
5offense, the retailer shall be fined $600 if it does not have a
6training program that facilitates compliance with minimum-age
7tobacco laws. For the fourth or subsequent offense in a
824-month period, the retailer shall be fined $800 if it does
9not have a training program that facilitates compliance with
10minimum-age tobacco laws. For the purposes of this subsection,
11the 24-month period shall begin with the person's first
12violation of the Act. The penalties in this subsection are in
13addition to any other penalties prescribed under the Cigarette
14Tax Act and the Tobacco Products Tax 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 (b), (c), or (d) of Section 1.5 shall be distributed
18in the 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
25subsection (b) or (c) of Section 1.5 shall be reported to the
26Department of Revenue within 7 business days.

 

 

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1(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)