Full Text of HB5363 095th General Assembly
HB5363eng 95TH GENERAL ASSEMBLY
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HB5363 Engrossed |
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LRB095 17546 RLC 43620 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sale of Tobacco to Minors Act is amended by | 5 |
| changing Section 1 as follows:
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| (720 ILCS 675/1) (from Ch. 23, par. 2357)
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| Sec. 1. Prohibition on sale of tobacco to minors; use of | 8 |
| identification cards; vending machines; lunch
wagons ; | 9 |
| out-of-package sales .
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| (a) No minor under 18 years of age shall buy any cigar,
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| cigarette,
smokeless tobacco or tobacco in any of its forms. No | 12 |
| person shall sell, buy
for, distribute samples of or furnish | 13 |
| any cigar, cigarette, smokeless tobacco
or tobacco in any of | 14 |
| its forms, to any minor under 18 years of age. | 15 |
| (a-5) No minor under 16 years of
age may sell any cigar, | 16 |
| cigarette, smokeless tobacco, or tobacco in any of its
forms at | 17 |
| a retail
establishment selling tobacco products. This | 18 |
| subsection does not apply
to a sales clerk in a family-owned | 19 |
| business which can prove that the sales
clerk
is in fact a son | 20 |
| or daughter of the owner.
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| (a-6) No minor under 18 years of age in the furtherance or | 22 |
| facilitation of obtaining any cigar, cigarette, smokeless | 23 |
| tobacco, or tobacco in any of its forms shall display or use a |
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HB5363 Engrossed |
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LRB095 17546 RLC 43620 b |
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| false or forged identification card or transfer, alter, or | 2 |
| deface an identification card.
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| For the purpose of this Section, "smokeless tobacco" means | 4 |
| any tobacco
products that are suitable for dipping or chewing.
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| (b) Tobacco products listed above may be sold through a | 6 |
| vending machine
only if such tobacco products are not placed | 7 |
| together with any non-tobacco product, other than matches, in | 8 |
| the vending machine and the vending machine is in
any of the | 9 |
| following locations:
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| (1) (Blank) Factories, businesses, offices, private | 11 |
| clubs, and other places not
open to the general public .
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| (2) Places to which minors under 18 years of age are | 13 |
| not permitted access.
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| (3) Places where alcoholic beverages are sold and | 15 |
| consumed on the
premises and vending machine operation is | 16 |
| under the direct supervision of the owner or manager .
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| (4) (Blank) Places where the vending machine is under | 18 |
| the direct supervision of
the owner of the establishment or | 19 |
| an employee over 18 years of age. The sale
of tobacco | 20 |
| products from a vending machine under direct supervision of | 21 |
| the
owner or an employee of the establishment is considered | 22 |
| a sale of tobacco
products by that person. As used in this | 23 |
| subdivision, "direct supervision"
means that the owner or | 24 |
| employee has an unimpeded line of sight to the vending
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| machine .
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| (5) Places where the vending machine can only be |
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HB5363 Engrossed |
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LRB095 17546 RLC 43620 b |
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| operated by the owner or
an employee over age 18 either | 2 |
| directly or through a remote control device if
the device | 3 |
| is inaccessible to all customers.
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| (c) The sale or distribution at no charge of cigarettes | 5 |
| from a lunch wagon
engaging in any sales activity within 1,000 | 6 |
| feet of any public or private
elementary or secondary school | 7 |
| grounds is prohibited.
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| For the purpose of this Section, "lunch wagon" means a | 9 |
| mobile vehicle
designed and constructed to transport food and | 10 |
| from which food is sold to the
general public. | 11 |
| (d) The sale or distribution by any person of a tobacco | 12 |
| product listed above, including but not limited to a single or | 13 |
| loose cigarette, that is not contained within a sealed | 14 |
| container, pack, or package as provided by the manufacturer, | 15 |
| which container, pack, or package bears the health warning | 16 |
| required by federal law, is prohibited.
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| (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
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