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90_HB1504ham001
LRB9004302RCksam
1 AMENDMENT TO HOUSE BILL 1504
2 AMENDMENT NO. . Amend House Bill 1504 by replacing
3 the title with the following:
4 "AN ACT to amend the Sale of Tobacco to Minors Act by
5 changing the title, Sections 0.01 and 2 and adding Section
6 1.5."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Sale of Tobacco to Minors Act is amended
10 by changing the title, Sections 0.01 and 2 and adding Section
11 1.5 as follows:
12 (720 ILCS 675/Act title)
13 An Act to prohibit minors from buying, or selling,
14 possessing, or using tobacco in any of its forms, to prohibit
15 selling, giving or furnishing tobacco, in any of its forms,
16 to minors, and providing penalties therefor.
17 (Source: L. 1887, p. 298. Title amended by L. 1965, p. 2839.)
18 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
19 Sec. 0.01. Short title. This Act may be cited as the
20 Sale of Tobacco to and Possession and Use of Tobacco by
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1 Minors Act.
2 (Source: P.A. 86-1324.)
3 (720 ILCS 675/1.5 new)
4 Sec. 1.5. Juvenile possession and consumption of
5 tobacco.
6 (a) No person under 18 years of age shall possess or
7 use any tobacco product.
8 (b) Any person under 18 years of age who violates this
9 Section is guilty of a petty offense, and shall be punished
10 by a fine not to exceed $25 for a first offense, $50 for a
11 second offense and $100 for a third or subsequent offense.
12 Persons convicted under this Section may be required to
13 complete up to 100 hours of community service. Where such
14 programs are available, disposition may also include a
15 requirement for participation in an educational program
16 addressing the risks of tobacco consumption. It shall not
17 be considered a violation of this Section for persons under
18 18 years of age to purchase or possess tobacco products
19 while participating in a program for monitoring compliance
20 with this Section conducted by a local law enforcement
21 agency, as long as those persons are supervised by the
22 personnel of a local law enforcement agency, and the consent
23 of a parent or guardian is obtained.
24 (c) Law enforcement agencies, acting in conjunction with
25 the State's Attorney of the county in which they function,
26 may establish and implement alternative programs for
27 enforcing this Section. These programs, which shall be
28 voluntary, may include, but are not limited to the use of
29 peer courts or teen courts, and the prescription of
30 educational or community service activities.
31 (720 ILCS 675/2) (from Ch. 23, par. 2358)
32 Sec. 2. Except as otherwise provided in Section 1.5 of
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1 this Act, any person who violates any provision of this Act
2 is guilty of a petty offense and for the first offense shall
3 be fined $200, $400 for the second offense in a 12-month
4 period, and $600 for the third or any subsequent offense in a
5 12-month period. One-half of each fine collected under this
6 Section shall be distributed to the unit of local government
7 or other entity that successfully prosecuted the offender and
8 one-half shall be remitted to the State to be used for
9 enforcing this Act.
10 (Source: P.A. 88-418.)".