State of Illinois
90th General Assembly
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90_SB0309

      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
      title  of  the Act.  Prohibits a person under 18 years of age
      from smoking tobacco, in, on,  or  within  1,000  feet  of  a
      school  between  the  hours of 6 a.m. and midnight.  Provides
      that the penalty is a petty offense with a  maximum  fine  of
      $25.  Provides that the court may sentence the offender to 50
      hours of community service, or to an anti-tobacco alternative
      to suspension program, if available.  Effective immediately.
                                                     LRB9002022RCks
                                               LRB9002022RCks
 1        AN  ACT  to  amend  the  Sale of Tobacco to Minors Act by
 2    changing the title of the Act and Sections  0.01  and  2  and
 3    adding Section 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 of the Act and Sections 0.01 and 2 and
 8    adding Section 1.5 as follows:
 9        (720 ILCS 675/Act title)
10        An Act to prohibit minors from buying or selling  tobacco
11    in  any of its forms, to prohibit minors from smoking tobacco
12    in, on, or  within  1,000  feet  of  school  property  during
13    certain  hours,  to  prohibit  selling,  giving or furnishing
14    tobacco, in any  of  its  forms,  to  minors,  and  providing
15    penalties for violations therefor.
16        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
17        Sec.  0.01.   Short  title.  This Act may be cited as the
18    Sale of Tobacco Sale to and Smoking by Minors Act.
19    (Source: P.A. 86-1324.)
20        (720 ILCS 675/1.5 new)
21        Sec.  1.5.  Smoking  by  minors  prohibited  near  school
22    property; penalty.
23        (a)  It is unlawful for any person under 18 years of  age
24    to smoke a cigar, cigarette, smokeless tobacco, or tobacco in
25    any  of  its  forms  in, on, or within 1,000 feet of the real
26    property  comprising  a  public  or  private  elementary   or
27    secondary  school  between  the hours of 6 a.m. and midnight.
28    This Section does not apply to any person occupying a  moving
29    motor vehicle or within a private residence.
30        (b)  A peace officer may issue a notice to appear in such
                            -2-                LRB9002022RCks
 1    form  as prescribed in Section 107-12 of the Code of Criminal
 2    Procedure of 1963 to any person that the  peace  officer  has
 3    probable cause to believe has violated this Section.
 4        (720 ILCS 675/2) (from Ch. 23, par. 2358)
 5        Sec. 2.  Sentence.
 6        (a)  Any  person  who violates Section 1 of any provision
 7    of this Act is guilty of a petty offense and  for  the  first
 8    offense shall be fined $200, $400 for the second offense in a
 9    12-month  period,  and  $600  for the third or any subsequent
10    offense in a 12-month period.
11        (b)  A person who violates Section 1.5  of  this  Act  is
12    guilty of a petty offense and may be fined not to exceed $25,
13    ordered  to perform 50 hours of community service, or ordered
14    to  successfully  complete  a  school  approved  anti-tobacco
15    alternative to suspension program, if available.
16        (c)  One-half of each fine collected under  this  Section
17    shall be distributed to the unit of local government or other
18    entity that successfully prosecuted the offender and one-half
19    shall  be remitted to the State to be used for enforcing this
20    Act.
21    (Source: P.A. 88-418.)
22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.

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