Full Text of SB1756 98th General Assembly
SB1756enr 98TH GENERAL ASSEMBLY |
| | SB1756 Enrolled | | LRB098 05213 RLC 40473 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Prevention of Tobacco Use by Minors and Sale | 5 | | and Distribution of Tobacco Products Act is amended by changing | 6 | | Section 2 and adding Section 1.5 as follows: | 7 | | (720 ILCS 675/1.5 new) | 8 | | Sec. 1.5. Distribution of alternative nicotine products to | 9 | | persons under 18 years of age prohibited. | 10 | | (a) For the purposes of this Section, "alternative nicotine | 11 | | product" means a product or device not consisting of or | 12 | | containing tobacco that provides for the ingestion into the | 13 | | body of nicotine, whether by chewing, smoking, absorbing, | 14 | | dissolving, inhaling, snorting, sniffing, or by any other | 15 | | means. "Alternative nicotine product" excludes cigarettes, | 16 | | smokeless tobacco, or other tobacco products as these terms are | 17 | | defined in Section 1 of this Act and any product approved by | 18 | | the United States Food and Drug Administration as a non-tobacco | 19 | | product for sale as a tobacco cessation product, as a tobacco | 20 | | dependence product, or for other medical purposes, and is being | 21 | | marketed and sold solely for that approved purpose. | 22 | | (b) A person, either directly or indirectly by an agent or | 23 | | employee, or by a vending machine
owned by the person or |
| | | SB1756 Enrolled | - 2 - | LRB098 05213 RLC 40473 b |
|
| 1 | | located in the person's establishment, may not sell, offer for | 2 | | sale, give,
or furnish any alternative nicotine product, or any | 3 | | cartridge or component of an alternative nicotine product, to a | 4 | | person under 18 years of age. | 5 | | (c) Before selling, offering for sale, giving, or | 6 | | furnishing an alternative nicotine product, or any cartridge
or | 7 | | component of an alternative nicotine product, to another | 8 | | person, the person selling, offering for sale, giving, or | 9 | | furnishing the alternative nicotine product shall verify that | 10 | | the
person is at least 18 years of age by: | 11 | | (1) examining from any person that appears to
be under | 12 | | 27 years of age a government-issued photographic | 13 | | identification that establishes
the person is at least 18 | 14 | | years of age or | 15 | | (2) for sales made though the Internet or other
remote | 16 | | sales methods, performing an age verification through an | 17 | | independent, third-party
age verification service that | 18 | | compares information available from public records to the
| 19 | | personal information entered by the person during the | 20 | | ordering process that establishes
the person is 18 years of | 21 | | age or older. | 22 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 23 | | Sec. 2. Penalties. | 24 | | (a) Any person who violates subsection (a), (a-5), or (a-6) | 25 | | of Section 1
or Section 1.5 of this Act is guilty of a
petty |
| | | SB1756 Enrolled | - 3 - | LRB098 05213 RLC 40473 b |
|
| 1 | | offense and
for the first offense
shall be fined $200, $400 for | 2 | | the
second offense in a 12-month period, and
$600 for the third | 3 | | or any
subsequent
offense in a 12-month period.
| 4 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 5 | | she is guilty of a petty offense and the court may
impose a | 6 | | sentence of 15 hours of
community
service or a fine of $25 for | 7 | | a first violation.
| 8 | | (c) A second violation by a minor of subsection (a-7) of | 9 | | Section 1 that occurs
within 12 months after the first | 10 | | violation is punishable by a fine of $50 and
25
hours of | 11 | | community service.
| 12 | | (d) A third or subsequent violation by a minor of | 13 | | subsection (a-7) of Section
1
that
occurs within 12 months | 14 | | after the first violation is punishable by a $100
fine
and 30 | 15 | | hours of community service.
| 16 | | (e) Any second or subsequent violation not within the | 17 | | 12-month time period
after
the first violation is punishable as | 18 | | provided for a first violation.
| 19 | | (f) If a minor is convicted of or placed on supervision for | 20 | | a violation of
subsection (a-7) of Section 1, the court may, in | 21 | | its discretion, and upon
recommendation by the State's | 22 | | Attorney, order that minor and his or her parents
or legal
| 23 | | guardian to attend a smoker's education or youth diversion | 24 | | program if that
program is available in the jurisdiction where | 25 | | the offender resides.
Attendance at a smoker's education or | 26 | | youth diversion program
shall be time-credited against any |
| | | SB1756 Enrolled | - 4 - | LRB098 05213 RLC 40473 b |
|
| 1 | | community service time imposed for any
first violation of | 2 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 3 | | that the court may impose for a violation of subsection (a-7) | 4 | | of Section 1, the
court, upon request by the State's Attorney, | 5 | | may in its discretion
require
the offender to remit a fee for | 6 | | his or her attendance at a smoker's
education or
youth | 7 | | diversion program.
| 8 | | (g) For purposes of this Section, "smoker's education
| 9 | | program"
or
"youth diversion program" includes, but is not | 10 | | limited to, a seminar designed
to educate a person on the | 11 | | physical and psychological effects of smoking
tobacco products | 12 | | and the health consequences of smoking tobacco products
that | 13 | | can be conducted with a locality's youth diversion program.
| 14 | | (h) All moneys collected as fines for violations of | 15 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 16 | | distributed in the following manner:
| 17 | | (1) one-half of each fine shall be distributed to the | 18 | | unit of local
government or other entity that successfully | 19 | | prosecuted the offender;
and
| 20 | | (2) one-half shall be remitted to the State to be used | 21 | | for enforcing this
Act.
| 22 | | (Source: P.A. 96-179, eff. 8-10-09.)
|
|