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90_HB3173eng
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
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1 AN ACT in relation to the purchase, sale, use, and
2 possession of tobacco by minors.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 Sec. 5. Arrest reports; expungement.
9 (a) All policing bodies of this State shall furnish to
10 the Department, daily, in the form and detail the Department
11 requires, fingerprints and descriptions of all persons who
12 are arrested on charges of violating any penal statute of
13 this State for offenses that are classified as felonies and
14 Class A or B misdemeanors and of all minors who have been
15 arrested or taken into custody before their 17th birthday for
16 an offense that if committed by an adult would constitute the
17 offense of unlawful use of weapons under Article 24 of the
18 Criminal Code of 1961, a forcible felony as defined in
19 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
20 greater felony under the Cannabis Control Act, the Illinois
21 Controlled Substances Act, or Chapter 4 of the Illinois
22 Vehicle Code. Moving or nonmoving traffic violations under
23 the Illinois Vehicle Code shall not be reported except for
24 violations of Chapter 4, Section 11-204.1, or Section 11-501
25 of that Code. In addition, conservation offenses, as defined
26 in the Supreme Court Rule 501(c), that are classified as
27 Class B misdemeanors shall not be reported. Violations by
28 persons under 18 years of age of the Prevention of Tobacco
29 Use by Minors Act shall not be reported.
30 Whenever an adult or minor prosecuted as an adult, not
31 having previously been convicted of any criminal offense or
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1 municipal ordinance violation, charged with a violation of a
2 municipal ordinance or a felony or misdemeanor, is acquitted
3 or released without being convicted, whether the acquittal or
4 release occurred before, on, or after the effective date of
5 this amendatory Act of 1991, the Chief Judge of the circuit
6 wherein the charge was brought, any judge of that circuit
7 designated by the Chief Judge, or in counties of less than
8 3,000,000 inhabitants, the presiding trial judge at the
9 defendant's trial may upon verified petition of the defendant
10 order the record of arrest expunged from the official records
11 of the arresting authority and the Department and order that
12 the records of the clerk of the circuit court be sealed until
13 further order of the court upon good cause shown and the name
14 of the defendant obliterated on the official index required
15 to be kept by the circuit court clerk under Section 16 of the
16 Clerks of Courts Act, but the order shall not affect any
17 index issued by the circuit court clerk before the entry of
18 the order. The Department may charge the petitioner a fee
19 equivalent to the cost of processing any order to expunge or
20 seal the records, and the fee shall be deposited into the
21 State Police Services Fund. The records of those arrests,
22 however, that result in a disposition of supervision for any
23 offense shall not be expunged from the records of the
24 arresting authority or the Department nor impounded by the
25 court until 2 years after discharge and dismissal of
26 supervision. Those records that result from a supervision
27 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
28 11-503 of the Illinois Vehicle Code or a similar provision of
29 a local ordinance, or for a violation of Section 12-3.2,
30 12-15 or 16A-3 of the Criminal Code of 1961, or probation
31 under Section 10 of the Cannabis Control Act, Section 410 of
32 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
33 and (2) of the Criminal Code of 1961, Section 10-102 of the
34 Illinois Alcoholism and Other Drug Dependency Act when the
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1 judgment of conviction has been vacated, Section 40-10 of the
2 Alcoholism and Other Drug Abuse and Dependency Act when the
3 judgment of conviction has been vacated, or Section 10 of the
4 Steroid Control Act shall not be expunged from the records of
5 the arresting authority nor impounded by the court until 5
6 years after termination of probation or supervision. Those
7 records that result from a supervision for a violation of
8 Section 11-501 of the Illinois Vehicle Code or a similar
9 provision of a local ordinance, shall not be expunged. All
10 records set out above may be ordered by the court to be
11 expunged from the records of the arresting authority and
12 impounded by the court after 5 years, but shall not be
13 expunged by the Department, but shall, on court order be
14 sealed by the Department and may be disseminated by the
15 Department only as required by law or to the arresting
16 authority, the State's Attorney, and the court upon a later
17 arrest for the same or a similar offense or for the purpose
18 of sentencing for any subsequent felony. Upon conviction for
19 any offense, the Department of Corrections shall have access
20 to all sealed records of the Department pertaining to that
21 individual.
22 (b) Whenever a person has been convicted of a crime or
23 of the violation of a municipal ordinance, in the name of a
24 person whose identity he has stolen or otherwise come into
25 possession of, the aggrieved person from whom the identity
26 was stolen or otherwise obtained without authorization, upon
27 learning of the person having been arrested using his
28 identity, may, upon verified petition to the chief judge of
29 the circuit wherein the arrest was made, have a court order
30 entered nunc pro tunc by the chief judge to correct the
31 arrest record, conviction record, if any, and all official
32 records of the arresting authority, the Department, other
33 criminal justice agencies, the prosecutor, and the trial
34 court concerning such arrest, if any, by removing his name
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1 from all such records in connection with the arrest and
2 conviction, if any, and by inserting in the records the name
3 of the offender, if known or ascertainable, in lieu of the
4 aggrieved's name. The records of the clerk of the circuit
5 court clerk shall be sealed until further order of the court
6 upon good cause shown and the name of the aggrieved person
7 obliterated on the official index required to be kept by the
8 circuit court clerk under Section 16 of the Clerks of Courts
9 Act, but the order shall not affect any index issued by the
10 circuit court clerk before the entry of the order. Nothing in
11 this Section shall limit the Department of State Police or
12 other criminal justice agencies or prosecutors from listing
13 under an offender's name the false names he or she has used.
14 For purposes of this Section, convictions for moving and
15 nonmoving traffic violations other than convictions for
16 violations of Chapter 4, Section 11-204.1 or Section 11-501
17 of the Illinois Vehicle Code shall not be a bar to expunging
18 the record of arrest and court records for violation of a
19 misdemeanor or municipal ordinance.
20 (c) Whenever a person who has been convicted of an
21 offense is granted a pardon by the Governor which
22 specifically authorizes expungement, he may, upon verified
23 petition to the chief judge of the circuit where the person
24 had been convicted, any judge of the circuit designated by
25 the Chief Judge, or in counties of less than 3,000,000
26 inhabitants, the presiding trial judge at the defendant's
27 trial, may have a court order entered expunging the record of
28 arrest from the official records of the arresting authority
29 and order that the records of the clerk of the circuit court
30 and the Department be sealed until further order of the court
31 upon good cause shown or as otherwise provided herein, and
32 the name of the defendant obliterated from the official index
33 requested to be kept by the circuit court clerk under Section
34 16 of the Clerks of Courts Act in connection with the arrest
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1 and conviction for the offense for which he had been pardoned
2 but the order shall not affect any index issued by the
3 circuit court clerk before the entry of the order. All
4 records sealed by the Department may be disseminated by the
5 Department only as required by law or to the arresting
6 authority, the States Attorney, and the court upon a later
7 arrest for the same or similar offense or for the purpose of
8 sentencing for any subsequent felony. Upon conviction for
9 any subsequent offense, the Department of Corrections shall
10 have access to all sealed records of the Department
11 pertaining to that individual. Upon entry of the order of
12 expungement, the clerk of the circuit court shall promptly
13 mail a copy of the order to the person who was pardoned.
14 (d) Notice of the petition for subsections (a), (b), and
15 (c) shall be served upon the State's Attorney or prosecutor
16 charged with the duty of prosecuting the offense, the
17 Department of State Police, the arresting agency and the
18 chief legal officer of the unit of local government affecting
19 the arrest. Unless the State's Attorney or prosecutor, the
20 Department of State Police, the arresting agency or such
21 chief legal officer objects to the petition within 30 days
22 from the date of the notice, the court shall enter an order
23 granting or denying the petition. The clerk of the court
24 shall promptly mail a copy of the order to the person, the
25 arresting agency, the prosecutor, the Department of State
26 Police and such other criminal justice agencies as may be
27 ordered by the judge.
28 (e) Nothing herein shall prevent the Department of State
29 Police from maintaining all records of any person who is
30 admitted to probation upon terms and conditions and who
31 fulfills those terms and conditions pursuant to Section 10 of
32 the Cannabis Control Act, Section 410 of the Illinois
33 Controlled Substances Act, Section 12-4.3 of the Criminal
34 Code of 1961, Section 10-102 of the Illinois Alcoholism and
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1 Other Drug Dependency Act, Section 40-10 of the Alcoholism
2 and Other Drug Abuse and Dependency Act, or Section 10 of the
3 Steroid Control Act.
4 (f) No court order issued pursuant to the expungement
5 provisions of this Section shall become final for purposes of
6 appeal until 30 days after notice is received by the
7 Department. Any court order contrary to the provisions of
8 this Section is void.
9 (g) The court shall not order the sealing or expungement
10 of the arrest records and records of the circuit court clerk
11 of any person granted supervision for or convicted of any
12 sexual offense committed against a minor under 18 years of
13 age. For the purposes of this Section, "sexual offense
14 committed against a minor" includes but is not limited to the
15 offenses of indecent solicitation of a child or criminal
16 sexual abuse when the victim of such offense is under 18
17 years of age.
18 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
19 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
20 Section 10. The Illinois Uniform Conviction Information
21 Act is amended by changing Section 3 as follows:
22 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
23 Sec. 3. Definitions. Whenever used in this Act, and for
24 the purposes of this Act, unless the context clearly
25 indicates otherwise:
26 (A) "Accurate" means factually correct, containing no
27 mistake or error of a material nature.
28 (B) The phrase "administer the criminal laws" includes
29 any of the following activities: intelligence gathering,
30 surveillance, criminal investigation, crime detection and
31 prevention (including research), apprehension, detention,
32 pretrial or post-trial release, prosecution, the correctional
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1 supervision or rehabilitation of accused persons or criminal
2 offenders, criminal identification activities, or the
3 collection, maintenance or dissemination of criminal history
4 record information.
5 (C) "The Authority" means the Illinois Criminal Justice
6 Information Authority.
7 (D) "Automated" means the utilization of computers,
8 telecommunication lines, or other automatic data processing
9 equipment for data collection or storage, analysis,
10 processing, preservation, maintenance, dissemination, or
11 display and is distinguished from a system in which such
12 activities are performed manually.
13 (E) "Complete" means accurately reflecting all the
14 criminal history record information about an individual that
15 is required to be reported to the Department pursuant to
16 Section 2.1 of the Criminal Identification Act.
17 (F) "Conviction information" means data reflecting a
18 judgment of guilt or nolo contendere. The term includes all
19 prior and subsequent criminal history events directly
20 relating to such judgments, such as, but not limited to: (1)
21 the notation of arrest; (2) the notation of charges filed;
22 (3) the sentence imposed; (4) the fine imposed; and (5) all
23 related probation, parole, and release information.
24 Information ceases to be "conviction information" when a
25 judgment of guilt is reversed or vacated.
26 For purposes of this Act, continuances to a date certain
27 in furtherance of an order of supervision granted under
28 Section 5-6-1 of the Unified Code of Corrections or an order
29 of probation granted under either Section 10 of the Cannabis
30 Control Act, Section 410 of the Illinois Controlled
31 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
32 Section 10-102 of the Illinois Alcoholism and Other Drug
33 Dependency Act, Section 40-10 of the Alcoholism and Other
34 Drug Abuse and Dependency Act, or Section 10 of the Steroid
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1 Control Act shall not be deemed "conviction information".
2 For purposes of this Act, "conviction information" does not
3 include data of convictions of persons under 18 years of age
4 for violations of the Prevention of Tobacco Use by Minors
5 Act.
6 (G) "Criminal history record information" means data
7 identifiable to an individual and consisting of descriptions
8 or notations of arrests, detentions, indictments,
9 informations, pretrial proceedings, trials, or other formal
10 events in the criminal justice system or descriptions or
11 notations of criminal charges (including criminal violations
12 of local municipal ordinances) and the nature of any
13 disposition arising therefrom, including sentencing, court or
14 correctional supervision, rehabilitation and release. The
15 term does not apply to statistical records and reports in
16 which individual are not identified and from which their
17 identities are not ascertainable, or to information that is
18 for criminal investigative or intelligence purposes. The
19 term does not apply to data about persons under 18 years of
20 age charged or convicted of a violation of the Prevention of
21 Tobacco Use by Minors Act.
22 (H) "Criminal justice agency" means (1) a government
23 agency or any subunit thereof which is authorized to
24 administer the criminal laws and which allocates a
25 substantial part of its annual budget for that purpose, or
26 (2) an agency supported by public funds which is authorized
27 as its principal function to administer the criminal laws and
28 which is officially designated by the Department as a
29 criminal justice agency for purposes of this Act.
30 (I) "The Department" means the Illinois Department of
31 State Police.
32 (J) "Director" means the Director of the Illinois
33 Department of State Police.
34 (K) "Disseminate" means to disclose or transmit
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1 conviction information in any form, oral, written, or
2 otherwise.
3 (L) "Exigency" means pending danger or the threat of
4 pending danger to an individual or property.
5 (M) "Non-criminal justice agency" means a State agency,
6 Federal agency, or unit of local government that is not a
7 criminal justice agency. The term does not refer to private
8 individuals, corporations, or non-governmental agencies or
9 organizations.
10 (M-5) "Request" means the submission to the Department,
11 in the form and manner required, the necessary data elements
12 or fingerprints, or both, to allow the Department to initiate
13 a search of its criminal history record information files.
14 (N) "Requester" means any private individual,
15 corporation, organization, employer, employment agency, labor
16 organization, or non-criminal justice agency that has made a
17 request pursuant to this Act to obtain conviction information
18 maintained in the files of the Department of State Police
19 regarding a particular individual.
20 (O) "Statistical information" means data from which the
21 identity of an individual cannot be ascertained,
22 reconstructed, or verified and to which the identity of an
23 individual cannot be linked by the recipient of the
24 information.
25 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)
26 Section 15. The Sale of Tobacco to Minors Act is amended
27 by changing the title of the Act and Sections 0.01, 1, and 2
28 as follows:
29 (720 ILCS 675/Act title)
30 An Act to prevent the use or possession of tobacco by
31 minors prohibit minors from buying or selling tobacco in any
32 of its forms, to prohibit selling, giving or furnishing
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1 tobacco, in any of its forms, to minors, and providing
2 penalties therefor.
3 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
4 Sec. 0.01. Short title. This Act may be cited as the
5 Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
6 (Source: P.A. 86-1324.)
7 (720 ILCS 675/1) (from Ch. 23, par. 2357)
8 Sec. 1. Sale to and possession by minors of tobacco
9 prohibited.
10 (a) No minor under 18 years of age shall buy any cigar,
11 cigarette, smokeless tobacco or tobacco in any of its forms.
12 No person shall sell, buy for, distribute samples of or
13 furnish any cigar, cigarette, smokeless tobacco or tobacco in
14 any of its forms, to any minor under 18 years of age.
15 (b) No minor under 18 years of age shall buy or possess
16 any cigar, cigarette, smokeless tobacco, or tobacco in any of
17 its forms.
18 (c) For the purpose of this Section, "smokeless tobacco"
19 means any tobacco products that are suitable for dipping or
20 chewing.
21 (d) Tobacco products listed in this Section above may be
22 sold through a vending machine only in the following
23 locations:
24 (1) Factories, businesses, offices, private clubs,
25 and other places not open to the general public.
26 (2) Places to which minors under 18 years of age
27 are not permitted access.
28 (3) Places where alcoholic beverages are sold and
29 consumed on the premises.
30 (4) Places where the vending machine is under the
31 direct supervision of the owner of the establishment or
32 an employee over 18 years of age. The sale of tobacco
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1 products from a vending machine under direct supervision
2 of the owner or an employee of the establishment is
3 considered a sale of tobacco products by that person. As
4 used in this subdivision, "direct supervision" means that
5 the owner or employee has an unimpeded line of sight to
6 the vending machine.
7 (5) Places where the vending machine can only be
8 operated by the owner or an employee over age 18 either
9 directly or through a remote control device if the device
10 is inaccessible to all customers.
11 (Source: P.A. 89-181, eff. 7-19-95.)
12 (720 ILCS 675/2) (from Ch. 23, par. 2358)
13 Sec. 2. Any person who violates subsection (a) or (d) of
14 Section 1 any provision of this Act is guilty of a petty
15 offense and for the first offense shall be fined $200, $400
16 for the second offense in a 12-month period, and $600 for the
17 third or any subsequent offense in a 12-month period. Any
18 person who violates subsection (b) of Section 1 of this Act
19 is guilty of a petty offense and the court may impose a term
20 of up to 25 hours of community service or require the
21 completion of a smoking cessation program if available for
22 the first offense, may impose a term of up to 25 hours of
23 community service and a fine not to exceed $25 for the second
24 offense in a 12-month period, and may impose a term of up to
25 30 hours of community service and a fine not to exceed $50
26 for the third or any subsequent offense in a 12-month period.
27 One-half of each fine collected under this Section shall be
28 distributed to the unit of local government or other entity
29 that successfully prosecuted the offender and one-half shall
30 be remitted to the State to be used for enforcing this Act.
31 (Source: P.A. 88-418.)