Illinois General Assembly - Full Text of SB3011
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Full Text of SB3011  99th General Assembly

SB3011 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3011

 

Introduced 2/18/2016, by Sen. John G. Mulroe - Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 130/6  from Ch. 120, par. 453.6
35 ILCS 143/10-25
235 ILCS 5/3-12
235 ILCS 5/6-16.1
705 ILCS 405/5-615
705 ILCS 405/5-710
720 ILCS 675/Act title
720 ILCS 675/0.01  from Ch. 23, par. 2356.9
720 ILCS 675/1  from Ch. 23, par. 2357
720 ILCS 675/2  from Ch. 23, par. 2358
720 ILCS 675/1.5 rep.
720 ILCS 677/5
720 ILCS 677/10
720 ILCS 677/15
720 ILCS 680/Act title
720 ILCS 680/3  from Ch. 23, par. 2358-23
720 ILCS 680/4  from Ch. 23, par. 2358-24

    Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products, Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products and electronic cigarettes may be sold to and possessed by from at least 18 years of age to at least 21 years of age. Defines "electronic cigarette". Repeals provisions concerning alternative nicotine products. Amends various other Acts to make conforming changes.


LRB099 17071 RLC 41429 b

 

 

A BILL FOR

 

SB3011LRB099 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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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- 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- 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- 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- 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- 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- 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

 

 

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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.

 

 

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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- 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- 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- 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- 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- 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- 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- 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) If a minor is placed on supervision for a violation of
13subsection (a-7) of Section 1 of the Prevention of Tobacco Use
14by Persons under 21 Years of Age and Sale and Distribution of
15Tobacco Products Minors Act, the court may, in its discretion,
16and upon recommendation by the State's Attorney, order that
17minor and his or her parents or legal guardian to attend a
18smoker's education or youth diversion program as defined in
19that Act if that program is available in the jurisdiction where
20the offender resides. Attendance at a smoker's education or
21youth diversion program shall be time-credited against any
22community service time imposed for any first violation of
23subsection (a-7) of Section 1 of that Act. In addition to any
24other penalty that the court may impose for a violation of
25subsection (a-7) of Section 1 of that Act, the court, upon
26request by the State's Attorney, may in its discretion require

 

 

SB3011- 35 -LRB099 17071 RLC 41429 b

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

 

 

SB3011- 36 -LRB099 17071 RLC 41429 b

1(Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
 
2    (705 ILCS 405/5-710)
3    Sec. 5-710. Kinds of sentencing orders.
4    (1) The following kinds of sentencing orders may be made in
5respect of wards of the court:
6        (a) Except as provided in Sections 5-805, 5-810, 5-815,
7    a minor who is found guilty under Section 5-620 may be:
8            (i) put on probation or conditional discharge and
9        released to his or her parents, guardian or legal
10        custodian, provided, however, that any such minor who
11        is not committed to the Department of Juvenile Justice
12        under this subsection and who is found to be a
13        delinquent for an offense which is first degree murder,
14        a Class X felony, or a forcible felony shall be placed
15        on probation;
16            (ii) placed in accordance with Section 5-740, with
17        or without also being put on probation or conditional
18        discharge;
19            (iii) required to undergo a substance abuse
20        assessment conducted by a licensed provider and
21        participate in the indicated clinical level of care;
22            (iv) on and after the effective date of this
23        amendatory Act of the 98th General Assembly and before
24        January 1, 2017, placed in the guardianship of the
25        Department of Children and Family Services, but only if

 

 

SB3011- 37 -LRB099 17071 RLC 41429 b

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

 

 

SB3011- 38 -LRB099 17071 RLC 41429 b

1        5-501, 5-601, 5-710, or 5-720 of this Article as a
2        result of the offense for which the sentencing order
3        was imposed. The court may grant credit on a sentencing
4        order of detention entered under a violation of
5        probation or violation of conditional discharge under
6        Section 5-720 of this Article for time spent in
7        detention before the filing of the petition alleging
8        the violation. A minor shall not be deprived of credit
9        for time spent in detention before the filing of a
10        violation of probation or conditional discharge
11        alleging the same or related act or acts. The
12        limitation that the minor shall only be placed in a
13        juvenile detention home does not apply as follows:
14            Persons 18 years of age and older who have a
15        petition of delinquency filed against them may be
16        confined in an adult detention facility. In making a
17        determination whether to confine a person 18 years of
18        age or older who has a petition of delinquency filed
19        against the person, these factors, among other
20        matters, shall be considered:
21                (A) the age of the person;
22                (B) any previous delinquent or criminal
23            history of the person;
24                (C) any previous abuse or neglect history of
25            the person;
26                (D) any mental health history of the person;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1order may be in addition to any other order authorized by this
2Section.
3    (8.5) A minor found to be guilty for reasons that include a
4violation of Section 3.02 or Section 3.03 of the Humane Care
5for Animals Act or paragraph (d) of subsection (1) of Section
621-1 of the Criminal Code of 1961 or paragraph (4) of
7subsection (a) of Section 21-1 of the Criminal Code of 2012
8shall be ordered to undergo medical or psychiatric treatment
9rendered by a psychiatrist or psychological treatment rendered
10by a clinical psychologist. The order may be in addition to any
11other order authorized by this Section.
12    (9) In addition to any other sentencing order, the court
13shall order any minor found to be guilty for an act which would
14constitute, predatory criminal sexual assault of a child,
15aggravated criminal sexual assault, criminal sexual assault,
16aggravated criminal sexual abuse, or criminal sexual abuse if
17committed by an adult to undergo medical testing to determine
18whether the defendant has any sexually transmissible disease
19including a test for infection with human immunodeficiency
20virus (HIV) or any other identified causative agency of
21acquired immunodeficiency syndrome (AIDS). Any medical test
22shall be performed only by appropriately licensed medical
23practitioners and may include an analysis of any bodily fluids
24as well as an examination of the minor's person. Except as
25otherwise provided by law, the results of the test shall be
26kept strictly confidential by all medical personnel involved in

 

 

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

 

 

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1or the Criminal Code of 2012, a violation of any Section of
2Article 24 of the Criminal Code of 1961 or the Criminal Code of
32012, or a violation of any statute that involved the wrongful
4use of a firearm. If the court determines the question in the
5affirmative, and the court does not commit the minor to the
6Department of Juvenile Justice, the court shall order the minor
7to perform community service for not less than 30 hours nor
8more than 120 hours, provided that community service is
9available in the jurisdiction and is funded and approved by the
10county board of the county where the offense was committed. The
11community service shall include, but need not be limited to,
12the cleanup and repair of any damage caused by a violation of
13Section 21-1.3 of the Criminal Code of 1961 or the Criminal
14Code of 2012 and similar damage to property located in the
15municipality or county in which the violation occurred. When
16possible and reasonable, the community service shall be
17performed in the minor's neighborhood. This order shall be in
18addition to any other order authorized by this Section except
19for an order to place the minor in the custody of the
20Department of Juvenile Justice. For the purposes of this
21Section, "organized gang" has the meaning ascribed to it in
22Section 10 of the Illinois Streetgang Terrorism Omnibus
23Prevention Act.
24    (11) If the court determines that the offense was committed
25in furtherance of the criminal activities of an organized gang,
26as provided in subsection (10), and that the offense involved

 

 

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1the operation or use of a motor vehicle or the use of a
2driver's license or permit, the court shall notify the
3Secretary of State of that determination and of the period for
4which the minor shall be denied driving privileges. If, at the
5time of the determination, the minor does not hold a driver's
6license or permit, the court shall provide that the minor shall
7not be issued a driver's license or permit until his or her
818th birthday. If the minor holds a driver's license or permit
9at the time of the determination, the court shall provide that
10the minor's driver's license or permit shall be revoked until
11his or her 21st birthday, or until a later date or occurrence
12determined by the court. If the minor holds a driver's license
13at the time of the determination, the court may direct the
14Secretary of State to issue the minor a judicial driving
15permit, also known as a JDP. The JDP shall be subject to the
16same terms as a JDP issued under Section 6-206.1 of the
17Illinois Vehicle Code, except that the court may direct that
18the JDP be effective immediately.
19    (12) If a minor is found to be guilty of a violation of
20subsection (a-7) of Section 1 of the Prevention of Tobacco Use
21by Persons under 21 Years of Age and Sale and Distribution of
22Tobacco Products Minors Act, the court may, in its discretion,
23and upon recommendation by the State's Attorney, order that
24minor and his or her parents or legal guardian to attend a
25smoker's education or youth diversion program as defined in
26that Act if that program is available in the jurisdiction where

 

 

SB3011- 47 -LRB099 17071 RLC 41429 b

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

 

 

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1        (c) A third or subsequent violation by a minor of
2    subsection (a-7) of Section 1 of that Act that occurs
3    within 12 months after the first violation is punishable by
4    a $100 fine and 30 hours of community service.
5        (d) Any second or subsequent violation not within the
6    12-month time period after the first violation is
7    punishable as provided for a first violation.
8(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
999-268, eff. 1-1-16.)
 
10    Section 25. The Prevention of Tobacco Use by Minors and
11Sale and Distribution of Tobacco Products Act is amended by
12changing the title of the Act and Sections 0.01, 1, and 2 as
13follows:
 
14    (720 ILCS 675/Act title)
15An Act to prohibit persons under 21 years of age minors
16from buying, selling, or possessing tobacco in any of its
17forms, to prohibit selling, giving or furnishing tobacco, in
18any of its forms, to persons under 21 years of age minors, and
19to prohibit the distribution of tobacco samples and providing
20penalties therefor.
 
21    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
22    Sec. 0.01. Short title. This Act may be cited as the
23Prevention of Tobacco Use by Persons under 21 Years of Age

 

 

SB3011- 49 -LRB099 17071 RLC 41429 b

1Minors and Sale and Distribution of Tobacco Products Act.
2(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
396-1000, eff. 7-2-10.)
 
4    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
5    Sec. 1. Prohibition on sale to and possession of tobacco
6products and electronic cigarettes by underage persons by
7minors; prohibition on the distribution of tobacco product
8samples and electronic cigarette samples to any person; use of
9identification cards; vending machines; lunch wagons;
10out-of-package sales.
11    (a) No person minor under 21 18 years of age shall buy any
12tobacco product or electronic cigarette. No person shall sell,
13buy for, distribute samples of or furnish any tobacco product
14or any electronic cigarette to any person minor under 21 18
15years of age.
16    (a-5) No person minor under 16 years of age may sell any
17tobacco product or electronic cigarette at a retail
18establishment selling tobacco products or electronic
19cigarettes, or both. This subsection does not apply to a sales
20clerk in a family-owned business which can prove that the sales
21clerk is in fact a son or daughter of the owner.
22    (a-5.1) Before selling, offering for sale, giving, or
23furnishing a tobacco product or electronic cigarette, to
24another person, the person selling, offering for sale, giving,
25or furnishing the tobacco product or electronic cigarette shall

 

 

SB3011- 50 -LRB099 17071 RLC 41429 b

1verify that the person is at least 21 years of age by:
2        (1) examining from any person that appears to be under
3    30 years of age a government-issued photographic
4    identification that establishes the person to be 21 years
5    of age or older; or
6        (2) for sales of electronic cigarettes made through the
7    Internet or other remote sales methods, performing an age
8    verification through an independent, third party age
9    verification service that compares information available
10    from public records to the personal information entered by
11    the person during the ordering process that establishes the
12    person is 21 years of age or older.
13    (a-6) No person minor under 21 18 years of age in the
14furtherance or facilitation of obtaining any tobacco product or
15electronic cigarette shall display or use a false or forged
16identification card or transfer, alter, or deface an
17identification card.
18     (a-7) Except as otherwise provided in this Act, no person
19No minor under 21 18 years of age shall possess any tobacco
20product or electronic cigarette cigar, cigarette, smokeless
21tobacco, or tobacco in any of its forms.
22    (a-8) A person shall not distribute without charge samples
23of any tobacco product or electronic cigarette to any other
24person, regardless of age:
25        (1) within a retail establishment selling tobacco
26    products, unless the retailer has verified the purchaser's

 

 

SB3011- 51 -LRB099 17071 RLC 41429 b

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

 

 

SB3011- 52 -LRB099 17071 RLC 41429 b

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

 

 

SB3011- 53 -LRB099 17071 RLC 41429 b

1    including, but not limited to, cigarettes, cigars, little
2    cigars, chewing tobacco, pipe tobacco, snuff, and snus.
3    "Tobacco product" includes any component, part, or
4    accessory of a tobacco product, whether or not sold
5    separately. "Tobacco product" does not include any product
6    that has been approved by the United States Food and Drug
7    Administration for sale as a tobacco cessation product or
8    for other therapeutic purposes in which the product is
9    marketed and sold solely for the an approved purpose means
10    any cigar, cigarette, smokeless tobacco, or tobacco in any
11    of its forms.
12    (b) Tobacco products and electronic cigarettes listed in
13this Section may be sold through a vending machine only if such
14tobacco products and electronic cigarettes are not placed
15together with any non-tobacco product, other than matches, in
16the vending machine and the vending machine is in any of the
17following locations:
18        (1) (Blank).
19        (2) Places to which persons minors under 21 18 years of
20    age are not permitted access at any time.
21        (3) Places where alcoholic beverages are sold and
22    consumed on the premises and vending machine operation is
23    under the direct supervision of the owner or manager.
24        (4) (Blank).
25        (5) (Blank). Places where the vending machine can only
26    be operated by the owner or an employee over age 18 either

 

 

SB3011- 54 -LRB099 17071 RLC 41429 b

1    directly or through a remote control device if the device
2    is inaccessible to all customers.
3    (c) (Blank).
4    (d) The sale or distribution by any person of a tobacco
5product in this Section, including but not limited to a single
6or loose cigarette, that is not contained within a sealed
7container, pack, or package as provided by the manufacturer,
8which container, pack, or package bears the health warning
9required by federal law, is prohibited.
10    (e) It is not a violation of this Act for a person under 21
1118 years of age to purchase or possess a tobacco product cigar,
12cigarette, smokeless tobacco or electronic cigarette tobacco
13in any of its forms if the person under the age of 21 18
14purchases or is given the cigar, cigarette, smokeless tobacco
15or tobacco product or electronic cigarette in any of its forms
16from a retail seller of tobacco products or electronic
17cigarettes or an employee of the retail seller pursuant to a
18plan or action to investigate, patrol, or otherwise conduct a
19"sting operation" or enforcement action against a retail seller
20of tobacco products or electronic cigarettes or a person
21employed by the retail seller of tobacco products or electronic
22cigarettes or on any premises authorized to sell tobacco
23products or electronic cigarettes to determine if tobacco
24products or electronic cigarettes are being sold or given to
25persons under 21 18 years of age if the "sting operation" or
26enforcement action is approved by, conducted by, or conducted

 

 

SB3011- 55 -LRB099 17071 RLC 41429 b

1on behalf of the Department of State Police, the county
2sheriff, a municipal police department, the Department of
3Revenue, the Department of Public Health, or a local health
4department. The results of any sting operation or enforcement
5action, including the name of the clerk, shall be provided to
6the retail seller within 7 business days.
7(Source: P.A. 98-1055, eff. 1-1-16.)
 
8    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
9    (Text of Section before amendment by P.A. 99-496)
10    Sec. 2. Penalties.
11    (a) Any person who violates subsection (a) or (a-5) of
12Section 1 or Section 1.5 of this Act is guilty of a petty
13offense. For the first offense in a 24-month period, the person
14shall be fined $200 if his or her employer has a training
15program that facilitates compliance with minimum-age tobacco
16laws. For the second offense in a 24-month period, the person
17shall be fined $400 if his or her employer has a training
18program that facilitates compliance with minimum-age tobacco
19laws. For the third offense in a 24-month period, the person
20shall be fined $600 if his or her employer has a training
21program that facilitates compliance with minimum-age tobacco
22laws. For the fourth or subsequent offense in a 24-month
23period, the person shall be fined $800 if his or her employer
24has a training program that facilitates compliance with
25minimum-age tobacco laws. For the purposes of this subsection,

 

 

SB3011- 56 -LRB099 17071 RLC 41429 b

1the 24-month period shall begin with the person's first
2violation of the Act. The penalties in this subsection are in
3addition to any other penalties prescribed under the Cigarette
4Tax Act and the Tobacco Products Tax Act of 1995.
5    (a-5) Any person who violates subsection (a) or (a-5) of
6Section 1 or Section 1.5 of this Act is guilty of a petty
7offense. For the first offense, the retailer shall be fined
8$200 if it does not have a training program that facilitates
9compliance with minimum-age tobacco laws. For the second
10offense, the retailer shall be fined $400 if it does not have a
11training program that facilitates compliance with minimum-age
12tobacco laws. For the third offense, the retailer shall be
13fined $600 if it does not have a training program that
14facilitates compliance with minimum-age tobacco laws. For the
15fourth or subsequent offense in a 24-month period, the retailer
16shall be fined $800 if it does not have a training program that
17facilitates compliance with minimum-age tobacco laws. For the
18purposes of this subsection, the 24-month period shall begin
19with the person's first violation of the Act. The penalties in
20this subsection are in addition to any other penalties
21prescribed under the Cigarette Tax Act and the Tobacco Products
22Tax Act of 1995.
23    (a-6) For the purpose of this Act, a training program that
24facilitates compliance with minimum-age tobacco laws must
25include at least the following elements: (i) it must explain
26that only individuals displaying valid identification

 

 

SB3011- 57 -LRB099 17071 RLC 41429 b

1demonstrating that they are 18 years of age or older shall be
2eligible to purchase cigarettes or tobacco products and (ii) it
3must explain where a clerk can check identification for a date
4of birth. The training may be conducted electronically. Each
5retailer that has a training program shall require each
6employee who completes the training program to sign a form
7attesting that the employee has received and completed tobacco
8training. The form shall be kept in the employee's file and may
9be used to provide proof of training.
10    (b) If a minor violates subsection (a-7) of Section 1 he or
11she is guilty of a petty offense and the court may impose a
12sentence of 25 hours of community service and a fine of $50 for
13a first violation. If a minor violates subsection (a-6) of
14Section 1, he or she is guilty of a Class A misdemeanor.
15    (c) A second violation by a minor of subsection (a-7) of
16Section 1 that occurs within 12 months after the first
17violation is punishable by a fine of $75 and 50 hours of
18community service.
19    (d) A third or subsequent violation by a minor of
20subsection (a-7) of Section 1 that occurs within 12 months
21after the first violation is punishable by a $200 fine and 50
22hours of community service.
23    (e) Any second or subsequent violation not within the
2412-month time period after the first violation is punishable as
25provided for a first violation.
26    (f) If a minor is convicted of or placed on supervision for

 

 

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1a violation of subsection (a-6) or (a-7) of Section 1, the
2court may, in its discretion, and upon recommendation by the
3State's Attorney, order that minor and his or her parents or
4legal guardian to attend a smoker's education or youth
5diversion program if that program is available in the
6jurisdiction where the offender resides. Attendance at a
7smoker's education or youth diversion program shall be
8time-credited against any community service time imposed for
9any first violation of subsection (a-7) of Section 1. In
10addition to any other penalty that the court may impose for a
11violation of subsection (a-7) of Section 1, the court, upon
12request by the State's Attorney, may in its discretion require
13the offender to remit a fee for his or her attendance at a
14smoker's education or youth diversion program.
15    (g) For purposes of this Section, "smoker's education
16program" or "youth diversion program" includes, but is not
17limited to, a seminar designed to educate a person on the
18physical and psychological effects of smoking tobacco products
19and the health consequences of smoking tobacco products that
20can be conducted with a locality's youth diversion program.
21    (h) All moneys collected as fines for violations of
22subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
23distributed 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

 

 

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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
4Section 1.5 shall be reported to the Department of Revenue
5within 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.)
 
8    (Text of Section after amendment by P.A. 99-496)
9    Sec. 2. Penalties.
10    (a) Any person who violates subsection (a), or (a-5),
11(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
12(c) of Section 1.5 of this Act is guilty of a petty offense.
13For the first offense in a 24-month period, the person shall be
14fined $200 if his or her employer has a training program that
15facilitates compliance with minimum-age tobacco laws. For the
16second offense in a 24-month period, the person shall be fined
17$400 if his or her employer has a training program that
18facilitates compliance with minimum-age tobacco laws. For the
19third offense in a 24-month period, the person shall be fined
20$600 if his or her employer has a training program that
21facilitates compliance with minimum-age tobacco laws. For the
22fourth or subsequent offense in a 24-month period, the person
23shall be fined $800 if his or her employer has a training
24program that facilitates compliance with minimum-age tobacco
25laws. For the purposes of this subsection, the 24-month period

 

 

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1shall begin with the person's first violation of the Act. The
2penalties in this subsection are in addition to any other
3penalties prescribed under the Cigarette Tax Act and the
4Tobacco Products Tax Act of 1995.
5    (a-5) Any retailer who violates subsection (a) or (a-5) of
6Section 1 or subsection (b) or (c) of Section 1.5 of this Act
7is guilty of a petty offense. For the first offense, the
8retailer shall be fined $200 if it does not have a training
9program that facilitates compliance with minimum-age tobacco
10laws. For the second offense, the retailer shall be fined $400
11if it does not have a training program that facilitates
12compliance with minimum-age tobacco laws. For the third
13offense, the retailer shall be fined $600 if it does not have a
14training program that facilitates compliance with minimum-age
15tobacco laws. For the fourth or subsequent offense in a
1624-month period, the retailer shall be fined $800 if it does
17not have a training program that facilitates compliance with
18minimum-age tobacco laws. For the purposes of this subsection,
19the 24-month period shall begin with the person's first
20violation of the Act. The penalties in this subsection are in
21addition to any other penalties prescribed under the Cigarette
22Tax Act and the Tobacco Products Tax Act of 1995.
23    (a-6) For the purpose of this Act, a training program that
24facilitates compliance with minimum-age tobacco laws must
25include at least the following elements: (i) it must explain
26that only individuals displaying valid identification

 

 

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1demonstrating that they are 21 18 years of age or older shall
2be eligible to purchase cigarettes, or tobacco products, or
3electronic cigarettes and (ii) it must explain where a clerk
4can check identification for a date of birth. The training may
5be conducted electronically. Each retailer that has a training
6program shall require each employee who completes the training
7program to sign a form attesting that the employee has received
8and completed tobacco training. The form shall be kept in the
9employee's file and may be used to provide proof of training.
10    (b) If a minor violates subsection (a-7) of Section 1, or
11subsection (d) of Section 1.5 he or she is guilty of a petty
12offense and the court may impose a sentence of 25 hours of
13community service and a fine of $50 for a first violation. If a
14minor violates subsection (a-6) of Section 1, he or she is
15guilty of a Class A misdemeanor.
16    (c) A second violation by a minor of subsection (a-7) of
17Section 1 or subsection (d) of Section 1.5 that occurs within
1812 months after the first violation is punishable by a fine of
19$75 and 50 hours of community service.
20    (d) A third or subsequent violation by a minor of
21subsection (a-7) of Section 1 or subsection (d) of Section 1.5
22that occurs within 12 months after the first violation is
23punishable by a $200 fine and 50 hours of community service.
24    (e) Any second or subsequent violation not within the
2512-month time period after the first violation is punishable as
26provided for a first violation.

 

 

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1    (f) If a minor is convicted of or placed on supervision for
2a violation of subsection (a-6) or (a-7) of Section 1 or
3subsection (d) of Section 1.5, the court may, in its
4discretion, and upon recommendation by the State's Attorney,
5order that minor and his or her parents or legal guardian to
6attend a smoker's education or youth diversion program if that
7program is available in the jurisdiction where the offender
8resides. Attendance at a smoker's education or youth diversion
9program shall be time-credited against any community service
10time imposed for any first violation of subsection (a-7) of
11Section 1. In addition to any other penalty that the court may
12impose for a violation of subsection (a-7) of Section 1 or
13subsection (d) of Section 1.5, the court, upon request by the
14State's Attorney, may in its discretion require the offender to
15remit a fee for his or her attendance at a smoker's education
16or youth diversion program.
17    (g) For purposes of this Section, "smoker's education
18program" or "youth diversion program" includes, but is not
19limited to, a seminar designed to educate a person on the
20physical and psychological effects of smoking tobacco products
21and electronic cigarettes alternative nicotine products and
22the health consequences of smoking tobacco products and
23electronic cigarettes alternative nicotine products that can
24be conducted with a locality's youth diversion program.
25    (h) All moneys collected as fines for violations of
26subsection (a), (a-5), (a-5.1), (a-6), or (a-7), (a-8), (b), or

 

 

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1(d) of Section 1 and subsection (b), (c), or (d) of Section 1.5
2shall be distributed in the following manner:
3        (1) one-half of each fine shall be distributed to the
4    unit of local government or other entity that successfully
5    prosecuted the offender; and
6        (2) one-half shall be remitted to the State to be used
7    for enforcing this Act.
8    Any violation of subsection (a) or (a-5) of Section 1 or
9subsection (b) or (c) of Section 1.5 shall be reported to the
10Department of Revenue within 7 business days.
11(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;
1299-192, eff. 1-1-16; 99-496, eff. 6-1-16.)
 
13    (720 ILCS 675/1.5 rep.)
14    Section 30. The Prevention of Tobacco Use by Minors and
15Sale and Distribution of Tobacco Products Act is amended by
16repealing Section 1.5.
 
17    Section 35. The Display of Tobacco Products Act is amended
18by changing Sections 5, 10, and 15 as follows:
 
19    (720 ILCS 677/5)
20    Sec. 5. Definitions. In this Act:
21    "Electronic cigarette" "Alternative nicotine product" has
22the meaning ascribed to it in Section 1 1.5 of the Prevention
23of Tobacco Use by Persons under 21 Years of Age Minors and Sale

 

 

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1and Distribution of Tobacco Products Act.
2    "Line of sight" means visible to a cashier or other
3employee.
4    "Age restricted area" means a signed designated area in a
5retail establishment to which persons minors under 21 18 years
6of age are not permitted access unless accompanied by a parent
7or legal guardian.
8(Source: P.A. 98-983, eff. 1-1-15.)
 
9    (720 ILCS 677/10)
10    Sec. 10. Tobacco product displays. All single packs of
11cigarettes and electronic cigarettes alternative nicotine
12products must be sold from behind the counter or in an age
13restricted area or in a sealed display case. Any other tobacco
14products must be sold in line of sight.
15    The restrictions described in this Section do not apply to
16a retail tobacco store that (i) derives at least 90% of its
17revenue from tobacco and tobacco related products; (ii) does
18not permit persons under the age of 21 18 to enter the premises
19unless accompanied by a parent or legal guardian; and (iii)
20posts a sign on the main entrance way stating that persons
21under the age of 21 18 are prohibited from entering unless
22accompanied by a parent or legal guardian.
23(Source: P.A. 98-983, eff. 1-1-15.)
 
24    (720 ILCS 677/15)

 

 

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1    Sec. 15. Vending machines. This Act does not prohibit the
2sale of tobacco products from vending machines if the location
3of the vending machines are in compliance with the provisions
4of Section 1 of the Prevention of Tobacco Use by Persons under
521 Years of Age Minors and Sale and Distribution of Tobacco
6Products Act.
7(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
896-1000, eff. 7-2-10.)
 
9    Section 40. The Smokeless Tobacco Limitation Act is amended
10by changing the title of the Act and Sections 3 and 4 as
11follows:
 
12    (720 ILCS 680/Act title)
13An Act to prohibit the sale or distribution of smokeless
14tobacco products to persons under 21 18 years of age.
 
15    (720 ILCS 680/3)  (from Ch. 23, par. 2358-23)
16    Sec. 3. No person shall sell any smokeless tobacco product
17to any person under the age of 21 18. Any person who violates
18this Section shall be guilty of a business offense punishable
19by a fine of not more than $50 for each violation.
20(Source: P.A. 85-465.)
 
21    (720 ILCS 680/4)  (from Ch. 23, par. 2358-24)
22    Sec. 4. No person shall distribute or cause to be

 

 

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1distributed to any person under the age of 21 18, without
2charge or at a nominal cost, any smokeless tobacco product. Any
3person who violates this Section shall be guilty of a business
4offense punishable for a first offense by a fine of $200, for a
5second offense in a 12-month period by a fine of $400, and for
6the third or any subsequent offense in a 12-month period by a
7fine of $600. One-half of each fine collected under this
8Section shall be distributed to the unit of local government or
9other entity that successfully prosecuted the offender and
10one-half shall be remitted to the State to be used for the
11enforcement of this Act.
12(Source: P.A. 88-418.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.