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90_HB3173
720 ILCS 675/Act title
720 ILCS 675/0.01 from Ch. 23, par. 2356.9
720 ILCS 675/1.5 new
720 ILCS 675/2 from Ch. 23, par. 2358
Amends the Sale of Tobacco to Minors Act. Changes the
Act title to reflect prohibition of possession and use of
tobacco by minors; changes short title to Sale of Tobacco to
and Possession and Use of Tobacco by Minors Act. Prohibits
possession and use of tobacco by minors under age 18; makes
violation a petty offense. Authorizes law enforcement
agencies, acting in conjunction with the State's Attorney, to
implement alternative programs, including use of peer courts
and prescription of educational or community service
activities, for enforcing the prohibition.
LRB9010418DJbd
LRB9010418DJbd
1 AN ACT to amend the Sale of Tobacco to Minors Act by
2 changing the title and 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 and Sections 0.01 and 2 and adding
8 Section 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
-2- LRB9010418DJbd
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.)