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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,orselling, 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.)