State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]

90_HB1504eng

      720 ILCS 675/2            from Ch. 23, par. 2358
          Amends the Sale of Tobacco to Minors Act.  Adds a caption
      to a Section concerning penalties.
                                                     LRB9004302DJbd
HB1504 Engrossed                               LRB9004302DJbd
 1        AN ACT to amend the Sale of  Tobacco  to  Minors  Act  by
 2    changing  the  title,  Sections 0.01 and 2 and adding Section
 3    1.5.
 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:
 6        Section  5.  The Sale of Tobacco to Minors Act is amended
 7    by changing the title, Sections 0.01 and 2 and adding Section
 8    1.5 as follows:
 9        (720 ILCS 675/Act title)
10        An Act  to  prohibit  minors  from  buying,  or  selling,
11    possessing, or using tobacco in any of its forms, to prohibit
12    selling,  giving  or furnishing tobacco, in any of its forms,
13    to minors, and providing penalties therefor.
14    (Source: L. 1887, p. 298. Title amended by L. 1965, p. 2839.)
15        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
16        Sec. 0.01.  Short title.  This Act may be  cited  as  the
17    Sale  of  Tobacco  to  and  Possession  and Use of Tobacco by
18    Minors Act.
19    (Source: P.A. 86-1324.)
20        (720 ILCS 675/1.5 new)
21        Sec.  1.5.  Juvenile  possession   and   consumption   of
22    tobacco.
23        (a)   No  person  under  18 years of age shall possess or
24    use any tobacco product.
25        (b)  Any person under 18 years of age who  violates  this
26    Section   is guilty of a petty offense, and shall be punished
27    by a fine not  to exceed $25 for a first offense, $50  for  a
28    second  offense  and  $100 for a third or subsequent offense.
29    Persons convicted  under this  Section  may  be  required  to
HB1504 Engrossed            -2-                LRB9004302DJbd
 1    complete  up  to 100  hours of community service.  Where such
 2    programs are available,    disposition  may  also  include  a
 3    requirement  for  participation  in    an educational program
 4    addressing the risks of tobacco  consumption.  It  shall  not
 5    be  considered a violation of this  Section for persons under
 6    18 years of age to purchase  or  possess    tobacco  products
 7    while  participating  in a program for monitoring  compliance
 8    with this  Section  conducted  by  a  local  law  enforcement
 9    agency,  as  long  as  those  persons  are  supervised by the
10    personnel of a local law enforcement agency, and the  consent
11    of a parent or  guardian is obtained.
12        (c)  Law enforcement agencies, acting in conjunction with
13    the    State's Attorney of the county in which they function,
14    may    establish  and  implement  alternative  programs   for
15    enforcing  this    Section.   These  programs, which shall be
16    voluntary, may include,  but are not limited to  the  use  of
17    peer  courts  or  teen  courts,  and    the  prescription  of
18    educational or community service activities.
19        (720 ILCS 675/2) (from Ch. 23, par. 2358)
20        Sec.  2.   Except as otherwise provided in Section 1.5 of
21    this Act, any person who violates any provision of  this  Act
22    is  guilty of a petty offense and for the first offense shall
23    be fined $200, $400 for the  second  offense  in  a  12-month
24    period, and $600 for the third or any subsequent offense in a
25    12-month  period.  One-half of each fine collected under this
26    Section shall be distributed to the unit of local  government
27    or other entity that successfully prosecuted the offender and
28    one-half  shall  be  remitted  to  the  State  to be used for
29    enforcing this Act.
30    (Source: P.A. 88-418.)

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