Bill Text: IL HB3208 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age. Defines "electronic cigarette". Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2017-05-31 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB3208 Detail]

Download: Illinois-2017-HB3208-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3208

Introduced , by Rep. Melissa Conyears-Ervin

SYNOPSIS AS INTRODUCED:
35 ILCS 130/6 from Ch. 120, par. 453.6
35 ILCS 143/10-25
235 ILCS 5/3-12
235 ILCS 5/6-16.1
705 ILCS 405/5-615
705 ILCS 405/5-710
720 ILCS 675/Act title
720 ILCS 675/0.01 from Ch. 23, par. 2356.9
720 ILCS 675/1 from Ch. 23, par. 2357
720 ILCS 675/2 from Ch. 23, par. 2358
720 ILCS 675/1.5 rep.
720 ILCS 677/5
720 ILCS 677/10
720 ILCS 677/15
720 ILCS 678/1
720 ILCS 678/5
720 ILCS 678/6
720 ILCS 678/7
720 ILCS 678/8
720 ILCS 680/Act rep.
720 ILCS 685/2 from Ch. 23, par. 2358-2
720 ILCS 685/4 from Ch. 23, par. 2358-4

Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Changes the name of the Act to the Prevention of Tobacco Use by Persons under 21 Years of Age and Sale and Distribution of Tobacco Products Act. Raises the age for whom tobacco products, electronic cigarettes, and alternative nicotine products may be sold to and possessed by from at least 18 years of age to at least 21 years of age. Defines "electronic cigarette". Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.
LRB100 04765 RLC 14772 b

A BILL FOR

HB3208LRB100 04765 RLC 14772 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Cigarette Tax Act is amended by changing
5Section 6 as follows:
6 (35 ILCS 130/6) (from Ch. 120, par. 453.6)
7 Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of
17this Act, or because the licensee is determined to be
18ineligible for a secondary distributor's license for any one or
19more of the reasons provided for in Section 4c of this Act, or
20because the licensee is determined to be ineligible for a
21retailer's license for any one or more of the reasons provided
22for in Section 4g of this Act. However, no such license shall
23be revoked, cancelled or suspended, except after a hearing by

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1the Department with notice to the distributor, secondary
2distributor, or retailer, as aforesaid, and affording such
3distributor, secondary distributor, or retailer a reasonable
4opportunity to appear and defend, and any distributor,
5secondary distributor, or retailer aggrieved by any decision of
6the Department with respect thereto may have the determination
7of the Department judicially reviewed, as herein provided.
8 The Department may revoke, cancel, or suspend the license
9of any distributor for a violation of the Tobacco Product
10Manufacturers' Escrow Enforcement Act as provided in Section 30
11of that Act. The Department may revoke, cancel, or suspend the
12license of any secondary distributor for a violation of
13subsection (e) of Section 15 of the Tobacco Product
14Manufacturers' Escrow Enforcement Act.
15 If the retailer has a training program that facilitates
16compliance with minimum-age tobacco laws, the Department shall
17suspend for 3 days the license of that retailer for a fourth or
18subsequent violation of the Prevention of Tobacco Use by
19Persons under 21 Years of Age Minors and Sale and Distribution
20of Tobacco Products Act, as provided in subsection (a) of
21Section 2 of that Act. For the purposes of this Section, any
22violation of subsection (a) of Section 2 of the Prevention of
23Tobacco Use by Persons under 21 Years of Age Minors and Sale
24and Distribution of Tobacco Products Act occurring at the
25retailer's licensed location during a 24-month period shall be
26counted as a violation against the retailer.

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1 If the retailer does not have a training program that
2facilitates compliance with minimum-age tobacco laws, the
3Department shall suspend for 3 days the license of that
4retailer for a second violation of the Prevention of Tobacco
5Use by Persons under 21 Years of Age Minors and Sale and
6Distribution of Tobacco Products Act, as provided in subsection
7(a-5) of Section 2 of that Act.
8 If the retailer does not have a training program that
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 7 days the license of that
11retailer for a third violation of the Prevention of Tobacco Use
12by Persons under 21 Years of Age Minors and Sale and
13Distribution of Tobacco Products Act, as provided in subsection
14(a-5) of Section 2 of that Act.
15 If the retailer does not have a training program that
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 30 days the license of a retailer
18for a fourth or subsequent violation of the Prevention of
19Tobacco Use by Persons under 21 Years of Age Minors and Sale
20and Distribution of Tobacco Products Act, as provided in
21subsection (a-5) of Section 2 of that Act.
22 A training program that facilitates compliance with
23minimum-age tobacco laws must include at least the following
24elements: (i) it must explain that only individuals displaying
25valid identification demonstrating that they are 21 18 years of
26age or older shall be eligible to purchase cigarettes or

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1tobacco products and (ii) it must explain where a clerk can
2check identification for a date of birth. The training may be
3conducted electronically. Each retailer that has a training
4program shall require each employee who completes the training
5program to sign a form attesting that the employee has received
6and completed tobacco training. The form shall be kept in the
7employee's file and may be used to provide proof of training.
8 Any distributor, secondary distributor, or retailer
9aggrieved by any decision of the Department under this Section
10may, within 20 days after notice of the decision, protest and
11request a hearing. Upon receiving a request for a hearing, the
12Department shall give notice in writing to the distributor,
13secondary distributor, or retailer requesting the hearing that
14contains a statement of the charges preferred against the
15distributor, secondary distributor, or retailer and that
16states the time and place fixed for the hearing. The Department
17shall hold the hearing in conformity with the provisions of
18this Act and then issue its final administrative decision in
19the matter to the distributor, secondary distributor, or
20retailer. In the absence of a protest and request for a hearing
21within 20 days, the Department's decision shall become final
22without any further determination being made or notice given.
23 No license so revoked, as aforesaid, shall be reissued to
24any such distributor, secondary distributor, or retailer
25within a period of 6 months after the date of the final
26determination of such revocation. No such license shall be

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1reissued at all so long as the person who would receive the
2license is ineligible to receive a distributor's license under
3this Act for any one or more of the reasons provided for in
4Section 4 of this Act, is ineligible to receive a secondary
5distributor's license under this Act for any one or more of the
6reasons provided for in Section 4c of this Act, or is
7determined to be ineligible for a retailer's license under the
8Act for any one or more of the reasons provided for in Section
94g of this Act.
10 The Department upon complaint filed in the circuit court
11may by injunction restrain any person who fails, or refuses, to
12comply with any of the provisions of this Act from acting as a
13distributor, secondary distributor, or retailer of cigarettes
14in this State.
15(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
16 Section 10. The Tobacco Products Tax Act of 1995 is amended
17by changing Section 10-25 as follows:
18 (35 ILCS 143/10-25)
19 Sec. 10-25. License actions.
20 (a) The Department may, after notice and a hearing, revoke,
21cancel, or suspend the license of any distributor or retailer
22who violates any of the provisions of this Act. The notice
23shall specify the alleged violation or violations upon which
24the revocation, cancellation, or suspension proceeding is

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1based.
2 (b) The Department may revoke, cancel, or suspend the
3license of any distributor for a violation of the Tobacco
4Product Manufacturers' Escrow Enforcement Act as provided in
5Section 20 of that Act.
6 (c) If the retailer has a training program that facilitates
7compliance with minimum-age tobacco laws, the Department shall
8suspend for 3 days the license of that retailer for a fourth or
9subsequent violation of the Prevention of Tobacco Use by
10Persons under 21 Years of Age Minors and Sale and Distribution
11of Tobacco Products Act, as provided in subsection (a) of
12Section 2 of that Act. For the purposes of this Section, any
13violation of subsection (a) of Section 2 of the Prevention of
14Tobacco Use by Persons under 21 Years of Age Minors and Sale
15and Distribution of Tobacco Products Act occurring at the
16retailer's licensed location, during a 24-month period, shall
17be counted as a violation against the retailer.
18 If the retailer does not have a training program that
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 3 days the license of that
21retailer for a second violation of the Prevention of Tobacco
22Use by Persons under 21 years of age Minors and Sale and
23Distribution of Tobacco Products Act, as provided in subsection
24(a-5) of Section 2 of that Act.
25 If the retailer does not have a training program that
26facilitates compliance with minimum-age tobacco laws, the

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1Department shall suspend for 7 days the license of that
2retailer for a third violation of the Prevention of Tobacco Use
3by Persons under 21 Years of Age Minors and Sale and
4Distribution of Tobacco Products Act, as provided in subsection
5(a-5) of Section 2 of that Act.
6 If the retailer does not have a training program that
7facilitates compliance with minimum-age tobacco laws, the
8Department shall suspend for 30 days the license of a retailer
9for a fourth or subsequent violation of the Prevention of
10Tobacco Use by Persons under 21 Years of Age Minors and Sale
11and Distribution of Tobacco Products Act, as provided in
12subsection (a-5) of Section 2 of that Act.
13 A training program that facilitates compliance with
14minimum-age tobacco laws must include at least the following
15elements: (i) it must explain that only individuals displaying
16valid identification demonstrating that they are 21 18 years of
17age or older shall be eligible to purchase cigarettes or
18tobacco products and (ii) it must explain where a clerk can
19check identification for a date of birth. The training may be
20conducted electronically. Each retailer that has a training
21program shall require each employee who completes the training
22program to sign a form attesting that the employee has received
23and completed tobacco training. The form shall be kept in the
24employee's file and may be used to provide proof of training.
25 (d) The Department may, by application to any circuit
26court, obtain an injunction restraining any person who engages

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1in business as a distributor of tobacco products without a
2license (either because his or her license has been revoked,
3canceled, or suspended or because of a failure to obtain a
4license in the first instance) from engaging in that business
5until that person, as if that person were a new applicant for a
6license, complies with all of the conditions, restrictions, and
7requirements of Section 10-20 of this Act and qualifies for and
8obtains a license. Refusal or neglect to obey the order of the
9court may result in punishment for contempt.
10(Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)
11 Section 15. The Liquor Control Act of 1934 is amended by
12changing Sections 3-12 and 6-16.1 as follows:
13 (235 ILCS 5/3-12)
14 Sec. 3-12. Powers and duties of State Commission.
15 (a) The State commission shall have the following powers,
16functions, and duties:
17 (1) To receive applications and to issue licenses to
18 manufacturers, foreign importers, importing distributors,
19 distributors, non-resident dealers, on premise consumption
20 retailers, off premise sale retailers, special event
21 retailer licensees, special use permit licenses, auction
22 liquor licenses, brew pubs, caterer retailers,
23 non-beverage users, railroads, including owners and
24 lessees of sleeping, dining and cafe cars, airplanes,

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1 boats, brokers, and wine maker's premises licensees in
2 accordance with the provisions of this Act, and to suspend
3 or revoke such licenses upon the State commission's
4 determination, upon notice after hearing, that a licensee
5 has violated any provision of this Act or any rule or
6 regulation issued pursuant thereto and in effect for 30
7 days prior to such violation. Except in the case of an
8 action taken pursuant to a violation of Section 6-3, 6-5,
9 or 6-9, any action by the State Commission to suspend or
10 revoke a licensee's license may be limited to the license
11 for the specific premises where the violation occurred.
12 In lieu of suspending or revoking a license, the
13 commission may impose a fine, upon the State commission's
14 determination and notice after hearing, that a licensee has
15 violated any provision of this Act or any rule or
16 regulation issued pursuant thereto and in effect for 30
17 days prior to such violation.
18 For the purpose of this paragraph (1), when determining
19 multiple violations for the sale of alcohol to a person
20 under the age of 21, a second or subsequent violation for
21 the sale of alcohol to a person under the age of 21 shall
22 only be considered if it was committed within 5 years after
23 the date when a prior violation for the sale of alcohol to
24 a person under the age of 21 was committed.
25 The fine imposed under this paragraph may not exceed
26 $500 for each violation. Each day that the activity, which

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1 gave rise to the original fine, continues is a separate
2 violation. The maximum fine that may be levied against any
3 licensee, for the period of the license, shall not exceed
4 $20,000. The maximum penalty that may be imposed on a
5 licensee for selling a bottle of alcoholic liquor with a
6 foreign object in it or serving from a bottle of alcoholic
7 liquor with a foreign object in it shall be the destruction
8 of that bottle of alcoholic liquor for the first 10 bottles
9 so sold or served from by the licensee. For the eleventh
10 bottle of alcoholic liquor and for each third bottle
11 thereafter sold or served from by the licensee with a
12 foreign object in it, the maximum penalty that may be
13 imposed on the licensee is the destruction of the bottle of
14 alcoholic liquor and a fine of up to $50.
15 (2) To adopt such rules and regulations consistent with
16 the provisions of this Act which shall be necessary to
17 carry on its functions and duties to the end that the
18 health, safety and welfare of the People of the State of
19 Illinois shall be protected and temperance in the
20 consumption of alcoholic liquors shall be fostered and
21 promoted and to distribute copies of such rules and
22 regulations to all licensees affected thereby.
23 (3) To call upon other administrative departments of
24 the State, county and municipal governments, county and
25 city police departments and upon prosecuting officers for
26 such information and assistance as it deems necessary in

HB3208- 11 -LRB100 04765 RLC 14772 b
1 the performance of its duties.
2 (4) To recommend to local commissioners rules and
3 regulations, not inconsistent with the law, for the
4 distribution and sale of alcoholic liquors throughout the
5 State.
6 (5) To inspect, or cause to be inspected, any premises
7 in this State where alcoholic liquors are manufactured,
8 distributed, warehoused, or sold. Nothing in this Act
9 authorizes an agent of the Commission to inspect private
10 areas within the premises without reasonable suspicion or a
11 warrant during an inspection. "Private areas" include, but
12 are not limited to, safes, personal property, and closed
13 desks.
14 (5.1) Upon receipt of a complaint or upon having
15 knowledge that any person is engaged in business as a
16 manufacturer, importing distributor, distributor, or
17 retailer without a license or valid license, to notify the
18 local liquor authority, file a complaint with the State's
19 Attorney's Office of the county where the incident
20 occurred, or initiate an investigation with the
21 appropriate law enforcement officials.
22 (5.2) To issue a cease and desist notice to persons
23 shipping alcoholic liquor into this State from a point
24 outside of this State if the shipment is in violation of
25 this Act.
26 (5.3) To receive complaints from licensees, local

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1 officials, law enforcement agencies, organizations, and
2 persons stating that any licensee has been or is violating
3 any provision of this Act or the rules and regulations
4 issued pursuant to this Act. Such complaints shall be in
5 writing, signed and sworn to by the person making the
6 complaint, and shall state with specificity the facts in
7 relation to the alleged violation. If the Commission has
8 reasonable grounds to believe that the complaint
9 substantially alleges a violation of this Act or rules and
10 regulations adopted pursuant to this Act, it shall conduct
11 an investigation. If, after conducting an investigation,
12 the Commission is satisfied that the alleged violation did
13 occur, it shall proceed with disciplinary action against
14 the licensee as provided in this Act.
15 (6) To hear and determine appeals from orders of a
16 local commission in accordance with the provisions of this
17 Act, as hereinafter set forth. Hearings under this
18 subsection shall be held in Springfield or Chicago, at
19 whichever location is the more convenient for the majority
20 of persons who are parties to the hearing.
21 (7) The commission shall establish uniform systems of
22 accounts to be kept by all retail licensees having more
23 than 4 employees, and for this purpose the commission may
24 classify all retail licensees having more than 4 employees
25 and establish a uniform system of accounts for each class
26 and prescribe the manner in which such accounts shall be

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1 kept. The commission may also prescribe the forms of
2 accounts to be kept by all retail licensees having more
3 than 4 employees, including but not limited to accounts of
4 earnings and expenses and any distribution, payment, or
5 other distribution of earnings or assets, and any other
6 forms, records and memoranda which in the judgment of the
7 commission may be necessary or appropriate to carry out any
8 of the provisions of this Act, including but not limited to
9 such forms, records and memoranda as will readily and
10 accurately disclose at all times the beneficial ownership
11 of such retail licensed business. The accounts, forms,
12 records and memoranda shall be available at all reasonable
13 times for inspection by authorized representatives of the
14 State commission or by any local liquor control
15 commissioner or his or her authorized representative. The
16 commission, may, from time to time, alter, amend or repeal,
17 in whole or in part, any uniform system of accounts, or the
18 form and manner of keeping accounts.
19 (8) In the conduct of any hearing authorized to be held
20 by the commission, to appoint, at the commission's
21 discretion, hearing officers to conduct hearings involving
22 complex issues or issues that will require a protracted
23 period of time to resolve, to examine, or cause to be
24 examined, under oath, any licensee, and to examine or cause
25 to be examined the books and records of such licensee; to
26 hear testimony and take proof material for its information

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1 in the discharge of its duties hereunder; to administer or
2 cause to be administered oaths; for any such purpose to
3 issue subpoena or subpoenas to require the attendance of
4 witnesses and the production of books, which shall be
5 effective in any part of this State, and to adopt rules to
6 implement its powers under this paragraph (8).
7 Any Circuit Court may by order duly entered, require
8 the attendance of witnesses and the production of relevant
9 books subpoenaed by the State commission and the court may
10 compel obedience to its order by proceedings for contempt.
11 (9) To investigate the administration of laws in
12 relation to alcoholic liquors in this and other states and
13 any foreign countries, and to recommend from time to time
14 to the Governor and through him or her to the legislature
15 of this State, such amendments to this Act, if any, as it
16 may think desirable and as will serve to further the
17 general broad purposes contained in Section 1-2 hereof.
18 (10) To adopt such rules and regulations consistent
19 with the provisions of this Act which shall be necessary
20 for the control, sale or disposition of alcoholic liquor
21 damaged as a result of an accident, wreck, flood, fire or
22 other similar occurrence.
23 (11) To develop industry educational programs related
24 to responsible serving and selling, particularly in the
25 areas of overserving consumers and illegal underage
26 purchasing and consumption of alcoholic beverages.

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1 (11.1) To license persons providing education and
2 training to alcohol beverage sellers and servers for
3 mandatory and non-mandatory training under the Beverage
4 Alcohol Sellers and Servers Education and Training
5 (BASSET) programs and to develop and administer a public
6 awareness program in Illinois to reduce or eliminate the
7 illegal purchase and consumption of alcoholic beverage
8 products by persons under the age of 21. Application for a
9 license shall be made on forms provided by the State
10 Commission.
11 (12) To develop and maintain a repository of license
12 and regulatory information.
13 (13) (Blank). On or before January 15, 1994, the
14 Commission shall issue a written report to the Governor and
15 General Assembly that is to be based on a comprehensive
16 study of the impact on and implications for the State of
17 Illinois of Section 1926 of the Federal ADAMHA
18 Reorganization Act of 1992 (Public Law 102-321). This study
19 shall address the extent to which Illinois currently
20 complies with the provisions of P.L. 102-321 and the rules
21 promulgated pursuant thereto.
22 As part of its report, the Commission shall provide the
23 following essential information:
24 (i) the number of retail distributors of tobacco
25 products, by type and geographic area, in the State;
26 (ii) the number of reported citations and

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1 successful convictions, categorized by type and
2 location of retail distributor, for violation of the
3 Prevention of Tobacco Use by Minors and Sale and
4 Distribution of Tobacco Products Act and the Smokeless
5 Tobacco Limitation Act;
6 (iii) the extent and nature of organized
7 educational and governmental activities that are
8 intended to promote, encourage or otherwise secure
9 compliance with any Illinois laws that prohibit the
10 sale or distribution of tobacco products to minors; and
11 (iv) the level of access and availability of
12 tobacco products to individuals under the age of 18.
13 To obtain the data necessary to comply with the
14 provisions of P.L. 102-321 and the requirements of this
15 report, the Commission shall conduct random, unannounced
16 inspections of a geographically and scientifically
17 representative sample of the State's retail tobacco
18 distributors.
19 The Commission shall consult with the Department of
20 Public Health, the Department of Human Services, the
21 Illinois State Police and any other executive branch
22 agency, and private organizations that may have
23 information relevant to this report.
24 The Commission may contract with the Food and Drug
25 Administration of the U.S. Department of Health and Human
26 Services to conduct unannounced investigations of Illinois

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1 tobacco vendors to determine compliance with federal laws
2 relating to the illegal sale of cigarettes and smokeless
3 tobacco products to persons under the age of 18.
4 (14) On or before April 30, 2008 and every 2 years
5 thereafter, the Commission shall present a written report
6 to the Governor and the General Assembly that shall be
7 based on a study of the impact of Public Act 95-634 this
8 amendatory Act of the 95th General Assembly on the business
9 of soliciting, selling, and shipping wine from inside and
10 outside of this State directly to residents of this State.
11 As part of its report, the Commission shall provide all of
12 the following information:
13 (A) The amount of State excise and sales tax
14 revenues generated.
15 (B) The amount of licensing fees received.
16 (C) The number of cases of wine shipped from inside
17 and outside of this State directly to residents of this
18 State.
19 (D) The number of alcohol compliance operations
20 conducted.
21 (E) The number of winery shipper's licenses
22 issued.
23 (F) The number of each of the following: reported
24 violations; cease and desist notices issued by the
25 Commission; notices of violations issued by the
26 Commission and to the Department of Revenue; and

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1 notices and complaints of violations to law
2 enforcement officials, including, without limitation,
3 the Illinois Attorney General and the U.S. Department
4 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
5 (15) As a means to reduce the underage consumption of
6 alcoholic liquors, the Commission shall conduct alcohol
7 compliance operations to investigate whether businesses
8 that are soliciting, selling, and shipping wine from inside
9 or outside of this State directly to residents of this
10 State are licensed by this State or are selling or
11 attempting to sell wine to persons under 21 years of age in
12 violation of this Act.
13 (16) The Commission shall, in addition to notifying any
14 appropriate law enforcement agency, submit notices of
15 complaints or violations of Sections 6-29 and 6-29.1 by
16 persons who do not hold a winery shipper's license under
17 this amendatory Act to the Illinois Attorney General and to
18 the U.S. Department of Treasury's Alcohol and Tobacco Tax
19 and Trade Bureau.
20 (17) (A) A person licensed to make wine under the laws
21 of another state who has a winery shipper's license under
22 this amendatory Act and annually produces less than 25,000
23 gallons of wine or a person who has a first-class or
24 second-class wine manufacturer's license, a first-class or
25 second-class wine-maker's license, or a limited wine
26 manufacturer's license under this Act and annually

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1 produces less than 25,000 gallons of wine may make
2 application to the Commission for a self-distribution
3 exemption to allow the sale of not more than 5,000 gallons
4 of the exemption holder's wine to retail licensees per
5 year.
6 (B) In the application, which shall be sworn under
7 penalty of perjury, such person shall state (1) the
8 date it was established; (2) its volume of production
9 and sales for each year since its establishment; (3)
10 its efforts to establish distributor relationships;
11 (4) that a self-distribution exemption is necessary to
12 facilitate the marketing of its wine; and (5) that it
13 will comply with the liquor and revenue laws of the
14 United States, this State, and any other state where it
15 is licensed.
16 (C) The Commission shall approve the application
17 for a self-distribution exemption if such person: (1)
18 is in compliance with State revenue and liquor laws;
19 (2) is not a member of any affiliated group that
20 produces more than 25,000 gallons of wine per annum or
21 produces any other alcoholic liquor; (3) will not
22 annually produce for sale more than 25,000 gallons of
23 wine; and (4) will not annually sell more than 5,000
24 gallons of its wine to retail licensees.
25 (D) A self-distribution exemption holder shall
26 annually certify to the Commission its production of

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1 wine in the previous 12 months and its anticipated
2 production and sales for the next 12 months. The
3 Commission may fine, suspend, or revoke a
4 self-distribution exemption after a hearing if it
5 finds that the exemption holder has made a material
6 misrepresentation in its application, violated a
7 revenue or liquor law of Illinois, exceeded production
8 of 25,000 gallons of wine in any calendar year, or
9 become part of an affiliated group producing more than
10 25,000 gallons of wine or any other alcoholic liquor.
11 (E) Except in hearings for violations of this Act
12 or Public Act 95-634 amendatory Act or a bona fide
13 investigation by duly sworn law enforcement officials,
14 the Commission, or its agents, the Commission shall
15 maintain the production and sales information of a
16 self-distribution exemption holder as confidential and
17 shall not release such information to any person.
18 (F) The Commission shall issue regulations
19 governing self-distribution exemptions consistent with
20 this Section and this Act.
21 (G) Nothing in this subsection (17) shall prohibit
22 a self-distribution exemption holder from entering
23 into or simultaneously having a distribution agreement
24 with a licensed Illinois distributor.
25 (H) It is the intent of this subsection (17) to
26 promote and continue orderly markets. The General

HB3208- 21 -LRB100 04765 RLC 14772 b
1 Assembly finds that in order to preserve Illinois'
2 regulatory distribution system it is necessary to
3 create an exception for smaller makers of wine as their
4 wines are frequently adjusted in varietals, mixes,
5 vintages, and taste to find and create market niches
6 sometimes too small for distributor or importing
7 distributor business strategies. Limited
8 self-distribution rights will afford and allow smaller
9 makers of wine access to the marketplace in order to
10 develop a customer base without impairing the
11 integrity of the 3-tier system.
12 (18) (A) A class 1 brewer licensee, who must also be
13 either a licensed brewer or licensed non-resident dealer
14 and annually manufacture less than 930,000 gallons of beer,
15 may make application to the State Commission for a
16 self-distribution exemption to allow the sale of not more
17 than 232,500 gallons of the exemption holder's beer to
18 retail licensees per year.
19 (B) In the application, which shall be sworn under
20 penalty of perjury, the class 1 brewer licensee shall
21 state (1) the date it was established; (2) its volume
22 of beer manufactured and sold for each year since its
23 establishment; (3) its efforts to establish
24 distributor relationships; (4) that a
25 self-distribution exemption is necessary to facilitate
26 the marketing of its beer; and (5) that it will comply

HB3208- 22 -LRB100 04765 RLC 14772 b
1 with the alcoholic beverage and revenue laws of the
2 United States, this State, and any other state where it
3 is licensed.
4 (C) Any application submitted shall be posted on
5 the State Commission's website at least 45 days prior
6 to action by the State Commission. The State Commission
7 shall approve the application for a self-distribution
8 exemption if the class 1 brewer licensee: (1) is in
9 compliance with the State, revenue, and alcoholic
10 beverage laws; (2) is not a member of any affiliated
11 group that manufactures manufacturers more than
12 930,000 gallons of beer per annum or produces any other
13 alcoholic beverages; (3) shall not annually
14 manufacture for sale more than 930,000 gallons of beer;
15 (4) shall not annually sell more than 232,500 gallons
16 of its beer to retail licensees; and (5) has
17 relinquished any brew pub license held by the licensee,
18 including any ownership interest it held in the
19 licensed brew pub.
20 (D) A self-distribution exemption holder shall
21 annually certify to the State Commission its
22 manufacture of beer during the previous 12 months and
23 its anticipated manufacture and sales of beer for the
24 next 12 months. The State Commission may fine, suspend,
25 or revoke a self-distribution exemption after a
26 hearing if it finds that the exemption holder has made

HB3208- 23 -LRB100 04765 RLC 14772 b
1 a material misrepresentation in its application,
2 violated a revenue or alcoholic beverage law of
3 Illinois, exceeded the manufacture of 930,000 gallons
4 of beer in any calendar year or became part of an
5 affiliated group manufacturing more than 930,000
6 gallons of beer or any other alcoholic beverage.
7 (E) The State Commission shall issue rules and
8 regulations governing self-distribution exemptions
9 consistent with this Act.
10 (F) Nothing in this paragraph (18) shall prohibit a
11 self-distribution exemption holder from entering into
12 or simultaneously having a distribution agreement with
13 a licensed Illinois importing distributor or a
14 distributor. If a self-distribution exemption holder
15 enters into a distribution agreement and has assigned
16 distribution rights to an importing distributor or
17 distributor, then the self-distribution exemption
18 holder's distribution rights in the assigned
19 territories shall cease in a reasonable time not to
20 exceed 60 days.
21 (G) It is the intent of this paragraph (18) to
22 promote and continue orderly markets. The General
23 Assembly finds that in order to preserve Illinois'
24 regulatory distribution system, it is necessary to
25 create an exception for smaller manufacturers in order
26 to afford and allow such smaller manufacturers of beer

HB3208- 24 -LRB100 04765 RLC 14772 b
1 access to the marketplace in order to develop a
2 customer base without impairing the integrity of the
3 3-tier system.
4 (b) On or before April 30, 1999, the Commission shall
5present a written report to the Governor and the General
6Assembly that shall be based on a study of the impact of Public
7Act 90-739 this amendatory Act of 1998 on the business of
8soliciting, selling, and shipping alcoholic liquor from
9outside of this State directly to residents of this State.
10 As part of its report, the Commission shall provide the
11following information:
12 (i) the amount of State excise and sales tax revenues
13 generated as a result of Public Act 90-739 this amendatory
14 Act of 1998;
15 (ii) the amount of licensing fees received as a result
16 of Public Act 90-739 this amendatory Act of 1998;
17 (iii) the number of reported violations, the number of
18 cease and desist notices issued by the Commission, the
19 number of notices of violations issued to the Department of
20 Revenue, and the number of notices and complaints of
21 violations to law enforcement officials.
22(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;
2398-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
24revised 9-13-16.)
25 (235 ILCS 5/6-16.1)

HB3208- 25 -LRB100 04765 RLC 14772 b
1 Sec. 6-16.1. Enforcement actions.
2 (a) A licensee or an officer, associate, member,
3representative, agent, or employee of a licensee may sell,
4give, or deliver alcoholic liquor to a person under the age of
521 years or authorize the sale, gift, or delivery of alcoholic
6liquor to a person under the age of 21 years pursuant to a plan
7or action to investigate, patrol, or otherwise conduct a "sting
8operation" or enforcement action against a person employed by
9the licensee or on any licensed premises if the licensee or
10officer, associate, member, representative, agent, or employee
11of the licensee provides written notice, at least 14 days
12before the "sting operation" or enforcement action, unless
13governing body of the municipality or county having
14jurisdiction sets a shorter period by ordinance, to the law
15enforcement agency having jurisdiction, the local liquor
16control commissioner, or both. Notice provided under this
17Section shall be valid for a "sting operation" or enforcement
18action conducted within 60 days of the provision of that
19notice, unless the governing body of the municipality or county
20having jurisdiction sets a shorter period by ordinance.
21 (b) A local liquor control commission or unit of local
22government that conducts alcohol and tobacco compliance
23operations shall establish a policy and standards for alcohol
24and tobacco compliance operations to investigate whether a
25licensee is furnishing (1) alcoholic liquor to persons under 21
26years of age in violation of this Act or (2) tobacco to persons

HB3208- 26 -LRB100 04765 RLC 14772 b
1in violation of the Prevention of Tobacco Use by Persons under
221 Years of Age Minors and Sale and Distribution of Tobacco
3Products Act.
4 (c) The Illinois Law Enforcement Training Standards Board
5shall develop a model policy and guidelines for the operation
6of alcohol and tobacco compliance checks by local law
7enforcement officers. The Illinois Law Enforcement Training
8Standards Board shall also require the supervising officers of
9such compliance checks to have met a minimum training standard
10as determined by the Board. The Board shall have the right to
11waive any training based on current written policies and
12procedures for alcohol and tobacco compliance check operations
13and in-service training already administered by the local law
14enforcement agency, department, or office.
15 (d) The provisions of subsections (b) and (c) do not apply
16to a home rule unit with more than 2,000,000 inhabitants.
17 (e) A home rule unit, other than a home rule unit with more
18than 2,000,000 inhabitants, may not regulate enforcement
19actions in a manner inconsistent with the regulation of
20enforcement actions under this Section. This subsection (e) is
21a limitation under subsection (i) of Section 6 of Article VII
22of the Illinois Constitution on the concurrent exercise by home
23rule units of powers and functions exercised by the State.
24 (f) A licensee who is the subject of an enforcement action
25or "sting operation" under this Section and is found, pursuant
26to the enforcement action, to be in compliance with this Act

HB3208- 27 -LRB100 04765 RLC 14772 b
1shall be notified by the enforcement agency action that no
2violation was found within 30 days after the finding.
3(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
496-1000, eff. 7-2-10.)
5 Section 20. The Juvenile Court Act of 1987 is amended by
6changing Sections 5-615 and 5-710 as follows:
7 (705 ILCS 405/5-615)
8 Sec. 5-615. Continuance under supervision.
9 (1) The court may enter an order of continuance under
10supervision for an offense other than first degree murder, a
11Class X felony or a forcible felony:
12 (a) upon an admission or stipulation by the appropriate
13 respondent or minor respondent of the facts supporting the
14 petition and before the court makes a finding of
15 delinquency, and in the absence of objection made in open
16 court by the minor, his or her parent, guardian, or legal
17 custodian, the minor's attorney or the State's Attorney; or
18 (b) upon a finding of delinquency and after considering
19 the circumstances of the offense and the history,
20 character, and condition of the minor, if the court is of
21 the opinion that:
22 (i) the minor is not likely to commit further
23 crimes;
24 (ii) the minor and the public would be best served

HB3208- 28 -LRB100 04765 RLC 14772 b
1 if the minor were not to receive a criminal record; and
2 (iii) in the best interests of justice an order of
3 continuance under supervision is more appropriate than
4 a sentence otherwise permitted under this Act.
5 (2) (Blank).
6 (3) Nothing in this Section limits the power of the court
7to order a continuance of the hearing for the production of
8additional evidence or for any other proper reason.
9 (4) When a hearing where a minor is alleged to be a
10delinquent is continued pursuant to this Section, the period of
11continuance under supervision may not exceed 24 months. The
12court may terminate a continuance under supervision at any time
13if warranted by the conduct of the minor and the ends of
14justice or vacate the finding of delinquency or both.
15 (5) When a hearing where a minor is alleged to be
16delinquent is continued pursuant to this Section, the court
17may, as conditions of the continuance under supervision,
18require the minor to do any of the following:
19 (a) not violate any criminal statute of any
20 jurisdiction;
21 (b) make a report to and appear in person before any
22 person or agency as directed by the court;
23 (c) work or pursue a course of study or vocational
24 training;
25 (d) undergo medical or psychotherapeutic treatment
26 rendered by a therapist licensed under the provisions of

HB3208- 29 -LRB100 04765 RLC 14772 b
1 the Medical Practice Act of 1987, the Clinical Psychologist
2 Licensing Act, or the Clinical Social Work and Social Work
3 Practice Act, or an entity licensed by the Department of
4 Human Services as a successor to the Department of
5 Alcoholism and Substance Abuse, for the provision of drug
6 addiction and alcoholism treatment;
7 (e) attend or reside in a facility established for the
8 instruction or residence of persons on probation;
9 (f) support his or her dependents, if any;
10 (g) pay costs;
11 (h) refrain from possessing a firearm or other
12 dangerous weapon, or an automobile;
13 (i) permit the probation officer to visit him or her at
14 his or her home or elsewhere;
15 (j) reside with his or her parents or in a foster home;
16 (k) attend school;
17 (k-5) with the consent of the superintendent of the
18 facility, attend an educational program at a facility other
19 than the school in which the offense was committed if he or
20 she committed a crime of violence as defined in Section 2
21 of the Crime Victims Compensation Act in a school, on the
22 real property comprising a school, or within 1,000 feet of
23 the real property comprising a school;
24 (l) attend a non-residential program for youth;
25 (m) contribute to his or her own support at home or in
26 a foster home;

HB3208- 30 -LRB100 04765 RLC 14772 b
1 (n) perform some reasonable public or community
2 service;
3 (o) make restitution to the victim, in the same manner
4 and under the same conditions as provided in subsection (4)
5 of Section 5-710, except that the "sentencing hearing"
6 referred to in that Section shall be the adjudicatory
7 hearing for purposes of this Section;
8 (p) comply with curfew requirements as designated by
9 the court;
10 (q) refrain from entering into a designated geographic
11 area except upon terms as the court finds appropriate. The
12 terms may include consideration of the purpose of the
13 entry, the time of day, other persons accompanying the
14 minor, and advance approval by a probation officer;
15 (r) refrain from having any contact, directly or
16 indirectly, with certain specified persons or particular
17 types of persons, including but not limited to members of
18 street gangs and drug users or dealers;
19 (r-5) undergo a medical or other procedure to have a
20 tattoo symbolizing allegiance to a street gang removed from
21 his or her body;
22 (s) refrain from having in his or her body the presence
23 of any illicit drug prohibited by the Cannabis Control Act,
24 the Illinois Controlled Substances Act, or the
25 Methamphetamine Control and Community Protection Act,
26 unless prescribed by a physician, and submit samples of his

HB3208- 31 -LRB100 04765 RLC 14772 b
1 or her blood or urine or both for tests to determine the
2 presence of any illicit drug; or
3 (t) comply with any other conditions as may be ordered
4 by the court.
5 (6) A minor whose case is continued under supervision under
6subsection (5) shall be given a certificate setting forth the
7conditions imposed by the court. Those conditions may be
8reduced, enlarged, or modified by the court on motion of the
9probation officer or on its own motion, or that of the State's
10Attorney, or, at the request of the minor after notice and
11hearing.
12 (7) If a petition is filed charging a violation of a
13condition of the continuance under supervision, the court shall
14conduct a hearing. If the court finds that a condition of
15supervision has not been fulfilled, the court may proceed to
16findings, adjudication, and disposition or adjudication and
17disposition. The filing of a petition for violation of a
18condition of the continuance under supervision shall toll the
19period of continuance under supervision until the final
20determination of the charge, and the term of the continuance
21under supervision shall not run until the hearing and
22disposition of the petition for violation; provided where the
23petition alleges conduct that does not constitute a criminal
24offense, the hearing must be held within 30 days of the filing
25of the petition unless a delay shall continue the tolling of
26the period of continuance under supervision for the period of

HB3208- 32 -LRB100 04765 RLC 14772 b
1the delay.
2 (8) When a hearing in which a minor is alleged to be a
3delinquent for reasons that include a violation of Section
421-1.3 of the Criminal Code of 1961 or the Criminal Code of
52012 is continued under this Section, the court shall, as a
6condition of the continuance under supervision, require the
7minor to perform community service for not less than 30 and not
8more than 120 hours, if community service is available in the
9jurisdiction. The community service shall include, but need not
10be limited to, the cleanup and repair of the damage that was
11caused by the alleged violation or similar damage to property
12located in the municipality or county in which the alleged
13violation occurred. The condition may be in addition to any
14other condition.
15 (8.5) When a hearing in which a minor is alleged to be a
16delinquent for reasons that include a violation of Section 3.02
17or Section 3.03 of the Humane Care for Animals Act or paragraph
18(d) of subsection (1) of Section 21-1 of the Criminal Code of
191961 or paragraph (4) of subsection (a) of Section 21-1 or the
20Criminal Code of 2012 is continued under this Section, the
21court shall, as a condition of the continuance under
22supervision, require the minor to undergo medical or
23psychiatric treatment rendered by a psychiatrist or
24psychological treatment rendered by a clinical psychologist.
25The condition may be in addition to any other condition.
26 (9) When a hearing in which a minor is alleged to be a

HB3208- 33 -LRB100 04765 RLC 14772 b
1delinquent is continued under this Section, the court, before
2continuing the case, shall make a finding whether the offense
3alleged to have been committed either: (i) was related to or in
4furtherance of the activities of an organized gang or was
5motivated by the minor's membership in or allegiance to an
6organized gang, or (ii) is a violation of paragraph (13) of
7subsection (a) of Section 12-2 or paragraph (2) of subsection
8(c) of Section 12-2 of the Criminal Code of 1961 or the
9Criminal Code of 2012, a violation of any Section of Article 24
10of the Criminal Code of 1961 or the Criminal Code of 2012, or a
11violation of any statute that involved the unlawful use of a
12firearm. If the court determines the question in the
13affirmative the court shall, as a condition of the continuance
14under supervision and as part of or in addition to any other
15condition of the supervision, require the minor to perform
16community service for not less than 30 hours, provided that
17community service is available in the jurisdiction and is
18funded and approved by the county board of the county where the
19offense was committed. The community service shall include, but
20need not be limited to, the cleanup and repair of any damage
21caused by an alleged violation of Section 21-1.3 of the
22Criminal Code of 1961 or the Criminal Code of 2012 and similar
23damage to property located in the municipality or county in
24which the alleged violation occurred. When possible and
25reasonable, the community service shall be performed in the
26minor's neighborhood. For the purposes of this Section,

HB3208- 34 -LRB100 04765 RLC 14772 b
1"organized gang" has the meaning ascribed to it in Section 10
2of the Illinois Streetgang Terrorism Omnibus Prevention Act.
3 (10) The court shall impose upon a minor placed on
4supervision, as a condition of the supervision, a fee of $50
5for each month of supervision ordered by the court, unless
6after determining the inability of the minor placed on
7supervision to pay the fee, the court assesses a lesser amount.
8The court may not impose the fee on a minor who is made a ward
9of the State under this Act while the minor is in placement.
10The fee shall be imposed only upon a minor who is actively
11supervised by the probation and court services department. A
12court may order the parent, guardian, or legal custodian of the
13minor to pay some or all of the fee on the minor's behalf.
14 (11) If a minor is placed on supervision for a violation of
15subsection (a-7) of Section 1 of the Prevention of Tobacco Use
16by Persons under 21 Years of Age and Sale and Distribution of
17Tobacco Products Minors Act, the court may, in its discretion,
18and upon recommendation by the State's Attorney, order that
19minor and his or her parents or legal guardian to attend a
20smoker's education or youth diversion program as defined in
21that Act if that program is available in the jurisdiction where
22the offender resides. Attendance at a smoker's education or
23youth diversion program shall be time-credited against any
24community service time imposed for any first violation of
25subsection (a-7) of Section 1 of that Act. In addition to any
26other penalty that the court may impose for a violation of

HB3208- 35 -LRB100 04765 RLC 14772 b
1subsection (a-7) of Section 1 of that Act, the court, upon
2request by the State's Attorney, may in its discretion require
3the offender to remit a fee for his or her attendance at a
4smoker's education or youth diversion program.
5 For purposes of this Section, "smoker's education program"
6or "youth diversion program" includes, but is not limited to, a
7seminar designed to educate a person on the physical and
8psychological effects of smoking tobacco products and the
9health consequences of smoking tobacco products that can be
10conducted with a locality's youth diversion program.
11 In addition to any other penalty that the court may impose
12under this subsection (11):
13 (a) If a minor violates subsection (a-7) of Section 1
14 of the Prevention of Tobacco Use by Persons under 21 Years
15 of Age and Sale and Distribution of Tobacco Products Minors
16 Act, the court may impose a sentence of 15 hours of
17 community service or a fine of $25 for a first violation.
18 (b) A second violation by a minor of subsection (a-7)
19 of Section 1 of that Act that occurs within 12 months after
20 the first violation is punishable by a fine of $50 and 25
21 hours of community service.
22 (c) A third or subsequent violation by a minor of
23 subsection (a-7) of Section 1 of that Act that occurs
24 within 12 months after the first violation is punishable by
25 a $100 fine and 30 hours of community service.
26 (d) Any second or subsequent violation not within the

HB3208- 36 -LRB100 04765 RLC 14772 b
1 12-month time period after the first violation is
2 punishable as provided for a first violation.
3(Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
4 (705 ILCS 405/5-710)
5 Sec. 5-710. Kinds of sentencing orders.
6 (1) The following kinds of sentencing orders may be made in
7respect of wards of the court:
8 (a) Except as provided in Sections 5-805, 5-810, 5-815,
9 a minor who is found guilty under Section 5-620 may be:
10 (i) put on probation or conditional discharge and
11 released to his or her parents, guardian or legal
12 custodian, provided, however, that any such minor who
13 is not committed to the Department of Juvenile Justice
14 under this subsection and who is found to be a
15 delinquent for an offense which is first degree murder,
16 a Class X felony, or a forcible felony shall be placed
17 on probation;
18 (ii) placed in accordance with Section 5-740, with
19 or without also being put on probation or conditional
20 discharge;
21 (iii) required to undergo a substance abuse
22 assessment conducted by a licensed provider and
23 participate in the indicated clinical level of care;
24 (iv) on and after the effective date of this
25 amendatory Act of the 98th General Assembly and before

HB3208- 37 -LRB100 04765 RLC 14772 b
1 January 1, 2017, placed in the guardianship of the
2 Department of Children and Family Services, but only if
3 the delinquent minor is under 16 years of age or,
4 pursuant to Article II of this Act, a minor for whom an
5 independent basis of abuse, neglect, or dependency
6 exists. On and after January 1, 2017, placed in the
7 guardianship of the Department of Children and Family
8 Services, but only if the delinquent minor is under 15
9 years of age or, pursuant to Article II of this Act, a
10 minor for whom an independent basis of abuse, neglect,
11 or dependency exists. An independent basis exists when
12 the allegations or adjudication of abuse, neglect, or
13 dependency do not arise from the same facts, incident,
14 or circumstances which give rise to a charge or
15 adjudication of delinquency;
16 (v) placed in detention for a period not to exceed
17 30 days, either as the exclusive order of disposition
18 or, where appropriate, in conjunction with any other
19 order of disposition issued under this paragraph,
20 provided that any such detention shall be in a juvenile
21 detention home and the minor so detained shall be 10
22 years of age or older. However, the 30-day limitation
23 may be extended by further order of the court for a
24 minor under age 15 committed to the Department of
25 Children and Family Services if the court finds that
26 the minor is a danger to himself or others. The minor

HB3208- 38 -LRB100 04765 RLC 14772 b
1 shall be given credit on the sentencing order of
2 detention for time spent in detention under Sections
3 5-501, 5-601, 5-710, or 5-720 of this Article as a
4 result of the offense for which the sentencing order
5 was imposed. The court may grant credit on a sentencing
6 order of detention entered under a violation of
7 probation or violation of conditional discharge under
8 Section 5-720 of this Article for time spent in
9 detention before the filing of the petition alleging
10 the violation. A minor shall not be deprived of credit
11 for time spent in detention before the filing of a
12 violation of probation or conditional discharge
13 alleging the same or related act or acts. The
14 limitation that the minor shall only be placed in a
15 juvenile detention home does not apply as follows:
16 Persons 18 years of age and older who have a
17 petition of delinquency filed against them may be
18 confined in an adult detention facility. In making a
19 determination whether to confine a person 18 years of
20 age or older who has a petition of delinquency filed
21 against the person, these factors, among other
22 matters, shall be considered:
23 (A) the age of the person;
24 (B) any previous delinquent or criminal
25 history of the person;
26 (C) any previous abuse or neglect history of

HB3208- 39 -LRB100 04765 RLC 14772 b
1 the person;
2 (D) any mental health history of the person;
3 and
4 (E) any educational history of the person;
5 (vi) ordered partially or completely emancipated
6 in accordance with the provisions of the Emancipation
7 of Minors Act;
8 (vii) subject to having his or her driver's license
9 or driving privileges suspended for such time as
10 determined by the court but only until he or she
11 attains 18 years of age;
12 (viii) put on probation or conditional discharge
13 and placed in detention under Section 3-6039 of the
14 Counties Code for a period not to exceed the period of
15 incarceration permitted by law for adults found guilty
16 of the same offense or offenses for which the minor was
17 adjudicated delinquent, and in any event no longer than
18 upon attainment of age 21; this subdivision (viii)
19 notwithstanding any contrary provision of the law;
20 (ix) ordered to undergo a medical or other
21 procedure to have a tattoo symbolizing allegiance to a
22 street gang removed from his or her body; or
23 (x) placed in electronic home detention under Part
24 7A of this Article.
25 (b) A minor found to be guilty may be committed to the
26 Department of Juvenile Justice under Section 5-750 if the

HB3208- 40 -LRB100 04765 RLC 14772 b
1 minor is at least 13 years and under 20 years of age,
2 provided that the commitment to the Department of Juvenile
3 Justice shall be made only if the minor was found guilty of
4 a felony offense or first degree murder. The court shall
5 include in the sentencing order any pre-custody credits the
6 minor is entitled to under Section 5-4.5-100 of the Unified
7 Code of Corrections. The time during which a minor is in
8 custody before being released upon the request of a parent,
9 guardian or legal custodian shall also be considered as
10 time spent in custody.
11 (c) When a minor is found to be guilty for an offense
12 which is a violation of the Illinois Controlled Substances
13 Act, the Cannabis Control Act, or the Methamphetamine
14 Control and Community Protection Act and made a ward of the
15 court, the court may enter a disposition order requiring
16 the minor to undergo assessment, counseling or treatment in
17 a substance abuse program approved by the Department of
18 Human Services.
19 (2) Any sentencing order other than commitment to the
20Department of Juvenile Justice may provide for protective
21supervision under Section 5-725 and may include an order of
22protection under Section 5-730.
23 (3) Unless the sentencing order expressly so provides, it
24does not operate to close proceedings on the pending petition,
25but is subject to modification until final closing and
26discharge of the proceedings under Section 5-750.

HB3208- 41 -LRB100 04765 RLC 14772 b
1 (4) In addition to any other sentence, the court may order
2any minor found to be delinquent to make restitution, in
3monetary or non-monetary form, under the terms and conditions
4of Section 5-5-6 of the Unified Code of Corrections, except
5that the "presentencing hearing" referred to in that Section
6shall be the sentencing hearing for purposes of this Section.
7The parent, guardian or legal custodian of the minor may be
8ordered by the court to pay some or all of the restitution on
9the minor's behalf, pursuant to the Parental Responsibility
10Law. The State's Attorney is authorized to act on behalf of any
11victim in seeking restitution in proceedings under this
12Section, up to the maximum amount allowed in Section 5 of the
13Parental Responsibility Law.
14 (5) Any sentencing order where the minor is committed or
15placed in accordance with Section 5-740 shall provide for the
16parents or guardian of the estate of the minor to pay to the
17legal custodian or guardian of the person of the minor such
18sums as are determined by the custodian or guardian of the
19person of the minor as necessary for the minor's needs. The
20payments may not exceed the maximum amounts provided for by
21Section 9.1 of the Children and Family Services Act.
22 (6) Whenever the sentencing order requires the minor to
23attend school or participate in a program of training, the
24truant officer or designated school official shall regularly
25report to the court if the minor is a chronic or habitual
26truant under Section 26-2a of the School Code. Notwithstanding

HB3208- 42 -LRB100 04765 RLC 14772 b
1any other provision of this Act, in instances in which
2educational services are to be provided to a minor in a
3residential facility where the minor has been placed by the
4court, costs incurred in the provision of those educational
5services must be allocated based on the requirements of the
6School Code.
7 (7) In no event shall a guilty minor be committed to the
8Department of Juvenile Justice for a period of time in excess
9of that period for which an adult could be committed for the
10same act. The court shall include in the sentencing order a
11limitation on the period of confinement not to exceed the
12maximum period of imprisonment the court could impose under
13Article V of the Unified Code of Corrections.
14 (7.5) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice or placed in detention when the
16act for which the minor was adjudicated delinquent would not be
17illegal if committed by an adult.
18 (7.6) In no event shall a guilty minor be committed to the
19Department of Juvenile Justice for an offense which is a Class
204 felony under Section 19-4 (criminal trespass to a residence),
2121-1 (criminal damage to property), 21-1.01 (criminal damage to
22government supported property), 21-1.3 (criminal defacement of
23property), 26-1 (disorderly conduct), or 31-4 (obstructing
24justice), of the Criminal Code of 2012.
25 (7.75) In no event shall a guilty minor be committed to the
26Department of Juvenile Justice for an offense that is a Class 3

HB3208- 43 -LRB100 04765 RLC 14772 b
1or Class 4 felony violation of the Illinois Controlled
2Substances Act unless the commitment occurs upon a third or
3subsequent judicial finding of a violation of probation for
4substantial noncompliance with court-ordered court ordered
5treatment or programming.
6 (8) A minor found to be guilty for reasons that include a
7violation of Section 21-1.3 of the Criminal Code of 1961 or the
8Criminal Code of 2012 shall be ordered to perform community
9service for not less than 30 and not more than 120 hours, if
10community service is available in the jurisdiction. The
11community service shall include, but need not be limited to,
12the cleanup and repair of the damage that was caused by the
13violation or similar damage to property located in the
14municipality or county in which the violation occurred. The
15order may be in addition to any other order authorized by this
16Section.
17 (8.5) A minor found to be guilty for reasons that include a
18violation of Section 3.02 or Section 3.03 of the Humane Care
19for Animals Act or paragraph (d) of subsection (1) of Section
2021-1 of the Criminal Code of 1961 or paragraph (4) of
21subsection (a) of Section 21-1 of the Criminal Code of 2012
22shall be ordered to undergo medical or psychiatric treatment
23rendered by a psychiatrist or psychological treatment rendered
24by a clinical psychologist. The order may be in addition to any
25other order authorized by this Section.
26 (9) In addition to any other sentencing order, the court

HB3208- 44 -LRB100 04765 RLC 14772 b
1shall order any minor found to be guilty for an act which would
2constitute, predatory criminal sexual assault of a child,
3aggravated criminal sexual assault, criminal sexual assault,
4aggravated criminal sexual abuse, or criminal sexual abuse if
5committed by an adult to undergo medical testing to determine
6whether the defendant has any sexually transmissible disease
7including a test for infection with human immunodeficiency
8virus (HIV) or any other identified causative agency of
9acquired immunodeficiency syndrome (AIDS). Any medical test
10shall be performed only by appropriately licensed medical
11practitioners and may include an analysis of any bodily fluids
12as well as an examination of the minor's person. Except as
13otherwise provided by law, the results of the test shall be
14kept strictly confidential by all medical personnel involved in
15the testing and must be personally delivered in a sealed
16envelope to the judge of the court in which the sentencing
17order was entered for the judge's inspection in camera. Acting
18in accordance with the best interests of the victim and the
19public, the judge shall have the discretion to determine to
20whom the results of the testing may be revealed. The court
21shall notify the minor of the results of the test for infection
22with the human immunodeficiency virus (HIV). The court shall
23also notify the victim if requested by the victim, and if the
24victim is under the age of 15 and if requested by the victim's
25parents or legal guardian, the court shall notify the victim's
26parents or the legal guardian, of the results of the test for

HB3208- 45 -LRB100 04765 RLC 14772 b
1infection with the human immunodeficiency virus (HIV). The
2court shall provide information on the availability of HIV
3testing and counseling at the Department of Public Health
4facilities to all parties to whom the results of the testing
5are revealed. The court shall order that the cost of any test
6shall be paid by the county and may be taxed as costs against
7the minor.
8 (10) When a court finds a minor to be guilty the court
9shall, before entering a sentencing order under this Section,
10make a finding whether the offense committed either: (a) was
11related to or in furtherance of the criminal activities of an
12organized gang or was motivated by the minor's membership in or
13allegiance to an organized gang, or (b) involved a violation of
14subsection (a) of Section 12-7.1 of the Criminal Code of 1961
15or the Criminal Code of 2012, a violation of any Section of
16Article 24 of the Criminal Code of 1961 or the Criminal Code of
172012, or a violation of any statute that involved the wrongful
18use of a firearm. If the court determines the question in the
19affirmative, and the court does not commit the minor to the
20Department of Juvenile Justice, the court shall order the minor
21to perform community service for not less than 30 hours nor
22more than 120 hours, provided that community service is
23available in the jurisdiction and is funded and approved by the
24county board of the county where the offense was committed. The
25community service shall include, but need not be limited to,
26the cleanup and repair of any damage caused by a violation of

HB3208- 46 -LRB100 04765 RLC 14772 b
1Section 21-1.3 of the Criminal Code of 1961 or the Criminal
2Code of 2012 and similar damage to property located in the
3municipality or county in which the violation occurred. When
4possible and reasonable, the community service shall be
5performed in the minor's neighborhood. This order shall be in
6addition to any other order authorized by this Section except
7for an order to place the minor in the custody of the
8Department of Juvenile Justice. For the purposes of this
9Section, "organized gang" has the meaning ascribed to it in
10Section 10 of the Illinois Streetgang Terrorism Omnibus
11Prevention Act.
12 (11) If the court determines that the offense was committed
13in furtherance of the criminal activities of an organized gang,
14as provided in subsection (10), and that the offense involved
15the operation or use of a motor vehicle or the use of a
16driver's license or permit, the court shall notify the
17Secretary of State of that determination and of the period for
18which the minor shall be denied driving privileges. If, at the
19time of the determination, the minor does not hold a driver's
20license or permit, the court shall provide that the minor shall
21not be issued a driver's license or permit until his or her
2218th birthday. If the minor holds a driver's license or permit
23at the time of the determination, the court shall provide that
24the minor's driver's license or permit shall be revoked until
25his or her 21st birthday, or until a later date or occurrence
26determined by the court. If the minor holds a driver's license

HB3208- 47 -LRB100 04765 RLC 14772 b
1at the time of the determination, the court may direct the
2Secretary of State to issue the minor a judicial driving
3permit, also known as a JDP. The JDP shall be subject to the
4same terms as a JDP issued under Section 6-206.1 of the
5Illinois Vehicle Code, except that the court may direct that
6the JDP be effective immediately.
7 (12) If a minor is found to be guilty of a violation of
8subsection (a-7) of Section 1 of the Prevention of Tobacco Use
9by Persons under 21 Years of Age and Sale and Distribution of
10Tobacco Products Minors Act, the court may, in its discretion,
11and upon recommendation by the State's Attorney, order that
12minor and his or her parents or legal guardian to attend a
13smoker's education or youth diversion program as defined in
14that Act if that program is available in the jurisdiction where
15the offender resides. Attendance at a smoker's education or
16youth diversion program shall be time-credited against any
17community service time imposed for any first violation of
18subsection (a-7) of Section 1 of that Act. In addition to any
19other penalty that the court may impose for a violation of
20subsection (a-7) of Section 1 of that Act, the court, upon
21request by the State's Attorney, may in its discretion require
22the offender to remit a fee for his or her attendance at a
23smoker's education or youth diversion program.
24 For purposes of this Section, "smoker's education program"
25or "youth diversion program" includes, but is not limited to, a
26seminar designed to educate a person on the physical and

HB3208- 48 -LRB100 04765 RLC 14772 b
1psychological effects of smoking tobacco products and the
2health consequences of smoking tobacco products that can be
3conducted with a locality's youth diversion program.
4 In addition to any other penalty that the court may impose
5under this subsection (12):
6 (a) If a minor violates subsection (a-7) of Section 1
7 of the Prevention of Tobacco Use by Persons under 21 Years
8 of Age and Sale and Distribution of Tobacco Products Minors
9 Act, the court may impose a sentence of 15 hours of
10 community service or a fine of $25 for a first violation.
11 (b) A second violation by a minor of subsection (a-7)
12 of Section 1 of that Act that occurs within 12 months after
13 the first violation is punishable by a fine of $50 and 25
14 hours of community service.
15 (c) A third or subsequent violation by a minor of
16 subsection (a-7) of Section 1 of that Act that occurs
17 within 12 months after the first violation is punishable by
18 a $100 fine and 30 hours of community service.
19 (d) Any second or subsequent violation not within the
20 12-month time period after the first violation is
21 punishable as provided for a first violation.
22(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
2399-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879, eff. 1-1-17;
24revised 9-2-16.)
25 Section 25. The Prevention of Tobacco Use by Minors and

HB3208- 49 -LRB100 04765 RLC 14772 b
1Sale and Distribution of Tobacco Products Act is amended by
2changing the title of the Act and Sections 0.01, 1, and 2 as
3follows:
4 (720 ILCS 675/Act title)
5An Act to prohibit persons under 21 years of age minors
6from buying, selling, or possessing tobacco in any of its
7forms, to prohibit selling, giving or furnishing tobacco, in
8any of its forms, to persons under 21 years of age minors, and
9to prohibit the distribution of tobacco samples and providing
10penalties therefor.
11 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
12 Sec. 0.01. Short title. This Act may be cited as the
13Prevention of Tobacco Use by Persons under 21 years of Age
14Minors and Sale and Distribution of Tobacco Products Act.
15(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1696-1000, eff. 7-2-10.)
17 (720 ILCS 675/1) (from Ch. 23, par. 2357)
18 Sec. 1. Prohibition on sale to and possession of tobacco
19products, electronic cigarettes, and alternative nicotine
20products by persons under 21 years of age by minors;
21prohibition on the distribution of tobacco product samples,
22electronic cigarette samples, and alternative nicotine product
23samples to any person; use of identification cards; vending

HB3208- 50 -LRB100 04765 RLC 14772 b
1machines; lunch wagons; out-of-package sales.
2 (a) No person minor under 21 18 years of age shall buy any
3tobacco product, electronic cigarette, or alternative nicotine
4product. No person shall sell, buy for, distribute samples of
5or furnish any tobacco product, electronic cigarette, or any
6alternative nicotine product to any person minor under 21 18
7years of age.
8 (a-5) No person minor under 16 years of age may sell any
9tobacco product, electronic cigarette, or alternative nicotine
10product at a retail establishment selling tobacco products,
11electronic cigarettes, or alternative nicotine products. This
12subsection does not apply to a sales clerk in a family-owned
13business which can prove that the sales clerk is in fact a son
14or daughter of the owner.
15 (a-5.1) Before selling, offering for sale, giving, or
16furnishing a tobacco product, electronic cigarette, or
17alternative nicotine product to another person, the person
18selling, offering for sale, giving, or furnishing the tobacco
19product, electronic cigarette, or alternative nicotine product
20shall verify that the person is at least 21 years of age by:
21 (1) examining from any person that appears to be under
22 30 years of age a government-issued photographic
23 identification that establishes the person to be 21 years
24 of age or older; or
25 (2) for sales of tobacco products, electronic
26 cigarettes, or alternative nicotine products made through

HB3208- 51 -LRB100 04765 RLC 14772 b
1 the Internet or other remote sales methods, performing an
2 age verification through an independent, third party age
3 verification service that compares information available
4 from public records to the personal information entered by
5 the person during the ordering process that establishes the
6 person is 21 years of age or older.
7 (a-6) No person minor under 21 18 years of age in the
8furtherance or facilitation of obtaining any tobacco product,
9electronic cigarette, or alternative nicotine product shall
10display or use a false or forged identification card or
11transfer, alter, or deface an identification card.
12 (a-7) Except as otherwise provided in this Act, no person
13No minor under 21 18 years of age shall possess any tobacco
14product, electronic cigarette, or alternative nicotine product
15cigar, cigarette, smokeless tobacco, or tobacco in any of its
16forms.
17 (a-8) A person shall not distribute without charge samples
18of any tobacco product, electronic cigarette, or alternative
19nicotine product to any other person, regardless of age:
20 (1) within a retail establishment selling tobacco
21 products, electronic cigarettes, or alternative nicotine
22 products unless the retailer has verified the purchaser's
23 age with a government issued identification;
24 (2) from a lunch wagon; or
25 (3) on a public way as a promotion or advertisement of
26 a tobacco manufacturer, or tobacco product, electronic

HB3208- 52 -LRB100 04765 RLC 14772 b
1 cigarette, or alternative nicotine product.
2 This subsection (a-8) does not apply to the distribution of
3a tobacco product, electronic cigarette, or alternative
4nicotine product sample in any adult-only facility.
5 (a-9) For the purpose of this Section:
6 "Adult-only facility means a facility or restricted
7 area (whether open-air or enclosed) where the operator
8 ensures or has a reasonable basis to believe (such as by
9 checking identification as required under State law, or by
10 checking the identification of any person appearing to be
11 under the age of 30 27) that no person under legal age is
12 present. A facility or restricted area need not be
13 permanently restricted to persons under 21 years of legal
14 age to constitute an adult-only facility, provided that the
15 operator ensures or has a reasonable basis to believe that
16 no person under 21 years of legal age is present during the
17 event or time period in question.
18 "Alternative nicotine product" means a product or
19 device not consisting of or containing tobacco that
20 provides for the ingestion into the body of nicotine,
21 whether by chewing, smoking, absorbing, dissolving,
22 inhaling, snorting, sniffing, or by any other means.
23 "Alternative nicotine product" does not include:
24 cigarettes as defined in Section 1 of the Cigarette Tax Act
25 and tobacco products as defined in Section 10-5 of the
26 Tobacco Products Tax Act of 1995; tobacco product and

HB3208- 53 -LRB100 04765 RLC 14772 b
1 electronic cigarette as defined in this Section; or any
2 product approved by the United States Food and Drug
3 Administration for sale as a tobacco cessation product, as
4 a tobacco dependence product, or for other medical
5 purposes, and is being marketed and sold solely for that
6 approved purpose.
7 "Electronic cigarette" means:
8 (1) any device that employs a battery or other
9 mechanism to heat a solution or substance to produce a
10 vapor or aerosol intended for inhalation;
11 (2) any cartridge or container of a solution or
12 substance intended to be used with or in the device or to
13 refill the device; or
14 (3) any solution or substance, whether or not it
15 contains nicotine intended for use in the device.
16 "Electronic cigarette" includes, but is not limited to, any
17 electronic nicotine delivery system, electronic cigar,
18 electronic cigarillo, electronic pipe, electronic hookah,
19 vape pen, or similar product or device, and any components
20 or parts that can be used to build the product or device.
21 "Electronic cigarette" does not include: cigarettes as
22 defined in Section 1 of the Cigarette Tax Act and tobacco
23 products as defined in Section 10-5 of the Tobacco Products
24 Tax Act of 1995; tobacco product and alternative nicotine
25 product as defined in this Section; any product approved by
26 the United States Food and Drug Administration for sale as

HB3208- 54 -LRB100 04765 RLC 14772 b
1 a tobacco cessation product, as a tobacco dependence
2 product, or for other medical purposes, and is being
3 marketed and sold solely for that approved purpose; any
4 asthma inhaler prescribed by a physician for that condition
5 and is being marketed and sold solely for that approved
6 purpose; or any therapeutic product approved for use under
7 the Compassionate Use of Medical Cannabis Pilot Program
8 Act.
9 "Lunch wagon" means a mobile vehicle designed and
10 constructed to transport food and from which food is sold
11 to the general public.
12 "Nicotine" means any form of the chemical nicotine,
13 including any salt or complex, regardless of whether the
14 chemical is naturally or synthetically derived.
15 "Smokeless tobacco" means any tobacco products that
16 are suitable for dipping or chewing.
17 "Tobacco product" means any product containing or made
18 from tobacco that is intended for human consumption,
19 whether smoked, heated, chewed, absorbed, dissolved,
20 inhaled, snorted, sniffed, or ingested by any other means,
21 including, but not limited to, cigarettes, cigars, little
22 cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
23 other smokeless tobacco product which contains tobacco
24 that is finely cut, ground, powdered, or leaf and intended
25 to be placed in the oral cavity. "Tobacco product" includes
26 any component, part, or accessory of a tobacco product,

HB3208- 55 -LRB100 04765 RLC 14772 b
1 whether or not sold separately. "Tobacco product" does not
2 include: an electronic cigarette and alternative nicotine
3 product as defined in this Section; or any product that has
4 been approved by the United States Food and Drug
5 Administration for sale as a tobacco cessation product, as
6 a tobacco dependence product, or for other medical
7 purposes, and is being marketed and sold solely for that
8 approved purpose means any cigar, cigarette, smokeless
9 tobacco, or tobacco in any of its forms.
10 (b) Tobacco products, electronic cigarettes, and
11alternative nicotine products listed in this Section may be
12sold through a vending machine only if such tobacco products,
13electronic cigarettes, and alternative nicotine products are
14not placed together with any non-tobacco product, other than
15matches, in the vending machine and the vending machine is in
16any of the following locations:
17 (1) (Blank).
18 (2) Places to which persons minors under 21 18 years of
19 age are not permitted access at any time.
20 (3) Places where alcoholic beverages are sold and
21 consumed on the premises and vending machine operation is
22 under the direct supervision of the owner or manager.
23 (4) (Blank).
24 (5) (Blank). Places where the vending machine can only
25 be operated by the owner or an employee over age 18 either
26 directly or through a remote control device if the device

HB3208- 56 -LRB100 04765 RLC 14772 b
1 is inaccessible to all customers.
2 (c) (Blank).
3 (d) The sale or distribution by any person of a tobacco
4product as defined in this Section, including but not limited
5to a single or loose cigarette, that is not contained within a
6sealed container, pack, or package as provided by the
7manufacturer, which container, pack, or package bears the
8health warning required by federal law, is prohibited.
9 (e) It is not a violation of this Act for a person under 21
1018 years of age to purchase or possess a tobacco product,
11electronic cigarette, or alternative nicotine product cigar,
12cigarette, smokeless tobacco or tobacco in any of its forms if
13the person under the age of 21 18 purchases or is given the
14cigar, cigarette, smokeless tobacco or tobacco product,
15electronic cigarette, or alternative nicotine product in any of
16its forms from a retail seller of tobacco products, electronic
17cigarettes, or alternative nicotine products or an employee of
18the retail seller pursuant to a plan or action to investigate,
19patrol, or otherwise conduct a "sting operation" or enforcement
20action against a retail seller of tobacco products, electronic
21cigarettes, or alternative nicotine products or a person
22employed by the retail seller of tobacco products, electronic
23cigarettes, or alternative nicotine products or on any premises
24authorized to sell tobacco products, electronic cigarettes, or
25alternative nicotine products to determine if tobacco
26products, electronic cigarettes, or alternative nicotine

HB3208- 57 -LRB100 04765 RLC 14772 b
1products are being sold or given to persons under 21 18 years
2of age if the "sting operation" or enforcement action is
3approved by, conducted by, or conducted on behalf of the
4Department of State Police, the county sheriff, a municipal
5police department, the Department of Revenue, the Department of
6Public Health, or a local health department. The results of any
7sting operation or enforcement action, including the name of
8the clerk, shall be provided to the retail seller within 7
9business days.
10(Source: P.A. 98-1055, eff. 1-1-16.)
11 (720 ILCS 675/2) (from Ch. 23, par. 2358)
12 Sec. 2. Penalties.
13 (a) Any person who violates subsection (a), or (a-5),
14(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
15(c) of Section 1.5 of this Act is guilty of a petty offense.
16For the first offense in a 24-month period, the person shall be
17fined $200 if his or her employer has a training program that
18facilitates compliance with minimum-age tobacco laws. For the
19second offense in a 24-month period, the person shall be fined
20$400 if his or her employer has a training program that
21facilitates compliance with minimum-age tobacco laws. For the
22third offense in a 24-month period, the person shall be fined
23$600 if his or her employer has a training program that
24facilitates compliance with minimum-age tobacco laws. For the
25fourth or subsequent offense in a 24-month period, the person

HB3208- 58 -LRB100 04765 RLC 14772 b
1shall be fined $800 if his or her employer has a training
2program that facilitates compliance with minimum-age tobacco
3laws. For the purposes of this subsection, the 24-month period
4shall begin with the person's first violation of the Act. The
5penalties in this subsection are in addition to any other
6penalties prescribed under the Cigarette Tax Act and the
7Tobacco Products Tax Act of 1995.
8 (a-5) Any retailer who violates subsection (a), or (a-5),
9(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
10(c) of Section 1.5 of this Act is guilty of a petty offense.
11For the first offense in a 24-month period, the retailer shall
12be fined $200 if it does not have a training program that
13facilitates compliance with minimum-age tobacco laws. For the
14second offense in a 24-month period, the retailer shall be
15fined $400 if it does not have a training program that
16facilitates compliance with minimum-age tobacco laws. For the
17third offense within a 24-month period, the retailer shall be
18fined $600 if it does not have a training program that
19facilitates compliance with minimum-age tobacco laws. For the
20fourth or subsequent offense in a 24-month period, the retailer
21shall be fined $800 if it does not have a training program that
22facilitates compliance with minimum-age tobacco laws. For the
23purposes of this subsection, the 24-month period shall begin
24with the person's first violation of the Act. The penalties in
25this subsection are in addition to any other penalties
26prescribed under the Cigarette Tax Act and the Tobacco Products

HB3208- 59 -LRB100 04765 RLC 14772 b
1Tax Act of 1995.
2 (a-6) For the purpose of this Act, a training program that
3facilitates compliance with minimum-age tobacco laws must
4include at least the following elements: (i) it must explain
5that only individuals displaying valid identification
6demonstrating that they are 21 18 years of age or older shall
7be eligible to purchase cigarettes or tobacco products,
8electronic cigarettes, or alternative nicotine products and
9(ii) it must explain where a clerk can check identification for
10a date of birth. The training may be conducted electronically.
11Each retailer that has a training program shall require each
12employee who completes the training program to sign a form
13attesting that the employee has received and completed tobacco
14training. The form shall be kept in the employee's file and may
15be used to provide proof of training.
16 (b) If a person under 21 years of age minor violates
17subsection (a-7) of Section 1, or subsection (d) of Section 1.5
18he or she is guilty of a petty offense and the court may impose
19a sentence of 25 hours of community service and a fine of $50
20for a first violation. If a person under 21 years of age minor
21violates subsection (a-6) of Section 1, he or she is guilty of
22a Class A misdemeanor.
23 (c) A second violation by a person under 21 years of age
24minor of subsection (a-7) of Section 1 or subsection (d) of
25Section 1.5 that occurs within 12 months after the first
26violation is punishable by a fine of $75 and 50 hours of

HB3208- 60 -LRB100 04765 RLC 14772 b
1community service.
2 (d) A third or subsequent violation by a person under 21
3years of age minor of subsection (a-7) of Section 1 or
4subsection (d) of Section 1.5 that occurs within 12 months
5after the first violation is punishable by a $200 fine and 50
6hours of community service.
7 (e) Any second or subsequent violation not within the
812-month time period after the first violation is punishable as
9provided for a first violation.
10 (f) If a person under 21 years of age minor is convicted of
11or placed on supervision for a violation of subsection (a-6) or
12(a-7) of Section 1 or subsection (d) of Section 1.5, the court
13may, in its discretion, and upon recommendation by the State's
14Attorney, order the offender that minor and his or her parents
15or legal guardian to attend a smoker's education or youth
16diversion program if that program is available in the
17jurisdiction where the offender resides. Attendance at a
18smoker's education or youth diversion program shall be
19time-credited against any community service time imposed for
20any first violation of subsection (a-7) of Section 1. In
21addition to any other penalty that the court may impose for a
22violation of subsection (a-7) of Section 1 or subsection (d) of
23Section 1.5, the court, upon request by the State's Attorney,
24may in its discretion require the offender to remit a fee for
25his or her attendance at a smoker's education or youth
26diversion program.

HB3208- 61 -LRB100 04765 RLC 14772 b
1 (g) For purposes of this Section, "smoker's education
2program" or "youth diversion program" includes, but is not
3limited to, a seminar designed to educate a person on the
4physical and psychological effects of using smoking tobacco
5products, electronic cigarettes, and alternative nicotine
6products and the health consequences of using smoking tobacco
7products, electronic cigarettes, and alternative nicotine
8products that can be conducted with a locality's youth
9diversion program.
10 (h) All moneys collected as fines for violations of
11subsection (a), (a-5), (a-5.1), (a-6), or (a-7), (a-8), (b), or
12(d) of Section 1 and subsection (b), (c), or (d) of Section 1.5
13shall be distributed in the following manner:
14 (1) one-half of each fine shall be distributed to the
15 unit of local government or other entity that successfully
16 prosecuted the offender; and
17 (2) one-half shall be remitted to the State to be used
18 for enforcing this Act.
19 Any violation of subsection (a) or (a-5) of Section 1 or
20subsection (b) or (c) of Section 1.5 shall be reported to the
21Department of Revenue within 7 business days.
22(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;
2399-192, eff. 1-1-16; 99-496, eff. 6-1-16; revised 9-14-16.)
24 (720 ILCS 675/1.5 rep.)
25 Section 30. The Prevention of Tobacco Use by Minors and

HB3208- 62 -LRB100 04765 RLC 14772 b
1Sale and Distribution of Tobacco Products Act is amended by
2repealing Section 1.5.
3 Section 35. The Display of Tobacco Products Act is amended
4by changing Sections 5, 10, and 15 as follows:
5 (720 ILCS 677/5)
6 Sec. 5. Definitions. In this Act:
7 "Electronic cigarette" "Alternative nicotine product" has
8the meaning ascribed to it in Section 1 1.5 of the Prevention
9of Tobacco Use by Persons under 21 Years of Age Minors and Sale
10and Distribution of Tobacco Products Act.
11 "Alternative nicotine product" has the meaning ascribed to
12it in Section 1 of the Prevention of Tobacco Use by Persons
13under 21 Years of Age and Sale and Distribution of Tobacco
14Products Act.
15 "Line of sight" means visible to a cashier or other
16employee.
17 "Age restricted area" means a signed designated area in a
18retail establishment to which persons minors under 21 18 years
19of age are not permitted access unless accompanied by a parent
20or legal guardian.
21(Source: P.A. 98-983, eff. 1-1-15.)
22 (720 ILCS 677/10)
23 Sec. 10. Tobacco product displays. All single packs of

HB3208- 63 -LRB100 04765 RLC 14772 b
1cigarettes, and electronic cigarettes, and alternative
2nicotine products must be sold from behind the counter or in an
3age restricted area or in a sealed display case. Any other
4tobacco products must be sold in line of sight.
5 The restrictions described in this Section do not apply to
6a retail tobacco store that (i) derives at least 90% of its
7revenue from tobacco and tobacco related products; (ii) does
8not permit persons under the age of 21 18 to enter the premises
9unless accompanied by a parent or legal guardian; and (iii)
10posts a sign on the main entrance way stating that persons
11under the age of 21 18 are prohibited from entering unless
12accompanied by a parent or legal guardian.
13(Source: P.A. 98-983, eff. 1-1-15.)
14 (720 ILCS 677/15)
15 Sec. 15. Vending machines. This Act does not prohibit the
16sale of tobacco products, electronic cigarettes, or
17alternative nicotine products from vending machines if the
18location of the vending machines are in compliance with the
19provisions of Section 1 of the Prevention of Tobacco Use by
20Persons under 21 Years of Age Minors and Sale and Distribution
21of Tobacco Products Act.
22(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
2396-1000, eff. 7-2-10.)
24 Section 40. The Prevention of Cigarette Sales to Minors Act

HB3208- 64 -LRB100 04765 RLC 14772 b
1is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
2 (720 ILCS 678/1)
3 Sec. 1. Short title. This Act may be cited as the
4Prevention of Cigarette Sales to Persons Under 21 Years of Age
5Minors Act.
6(Source: P.A. 93-960, eff. 8-20-04.)
7 (720 ILCS 678/5)
8 Sec. 5. Unlawful shipment or transportation of cigarettes.
9 (a) It is unlawful for any person engaged in the business
10of selling cigarettes to ship or cause to be shipped any
11cigarettes unless the person shipping the cigarettes:
12 (1) is licensed as a distributor under either the
13 Cigarette Tax Act, or the Cigarette Use Tax Act; or
14 delivers the cigarettes to a distributor licensed under
15 either the Cigarette Tax Act or the Cigarette Use Tax Act;
16 or
17 (2) ships them to an export warehouse proprietor
18 pursuant to Chapter 52 of the Internal Revenue Code, or an
19 operator of a customs bonded warehouse pursuant to Section
20 1311 or 1555 of Title 19 of the United States Code.
21 For purposes of this subsection (a), a person is a licensed
22distributor if the person's name appears on a list of licensed
23distributors published by the Illinois Department of Revenue.
24The term cigarette has the same meaning as defined in Section 1

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1of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
2Act. Nothing in this Act prohibits a person licensed as a
3distributor under the Cigarette Tax Act or the Cigarette Use
4Tax Act from shipping or causing to be shipped any cigarettes
5to a registered retailer under the Retailers' Occupation Tax
6Act provided the cigarette tax or cigarette use tax has been
7paid.
8 (b) A common or contract carrier may transport cigarettes
9to any individual person in this State only if the carrier
10reasonably believes such cigarettes have been received from a
11person described in paragraph (a)(1). Common or contract
12carriers may make deliveries of cigarettes to licensed
13distributors described in paragraph (a)(1) of this Section.
14Nothing in this subsection (b) shall be construed to prohibit a
15person other than a common or contract carrier from
16transporting not more than 1,000 cigarettes at any one time to
17any person in this State.
18 (c) A common or contract carrier may not complete the
19delivery of any cigarettes to persons other than those
20described in paragraph (a)(1) of this Section without first
21obtaining from the purchaser an official written
22identification from any state or federal agency that displays
23the person's date of birth or a birth certificate that includes
24a reliable confirmation that the purchaser is at least 21 18
25years of age; that the cigarettes purchased are not intended
26for consumption by an individual who is younger than 21 18

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1years of age; and a written statement signed by the purchaser
2that certifies the purchaser's address and that the purchaser
3is at least 21 18 years of age. The statement shall also
4confirm: (1) that the purchaser understands that signing
5another person's name to the certification is illegal; (2) that
6the sale of cigarettes to individuals under 21 18 years of age
7is illegal; and (3) that the purchase of cigarettes by
8individuals under 21 18 years of age is illegal under the laws
9of Illinois.
10 (d) When a person engaged in the business of selling
11cigarettes ships or causes to be shipped any cigarettes to any
12person in this State, other than in the cigarette
13manufacturer's or tobacco products manufacturer's original
14container or wrapping, the container or wrapping must be
15plainly and visibly marked with the word "cigarettes".
16 (e) When a peace officer of this State or any duly
17authorized officer or employee of the Illinois Department of
18Public Health or Department of Revenue discovers any cigarettes
19which have been or which are being shipped or transported in
20violation of this Section, he or she shall seize and take
21possession of the cigarettes, and the cigarettes shall be
22subject to a forfeiture action pursuant to the procedures
23provided under the Cigarette Tax Act or Cigarette Use Tax Act.
24(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
25 (720 ILCS 678/6)

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1 Sec. 6. Prevention of delivery sales to persons under 21
2years of age minors.
3 (a) No person shall make a delivery sale of cigarettes to
4any individual who is under 21 18 years of age.
5 (b) Each person accepting a purchase order for a delivery
6sale shall comply with the provisions of this Act and all other
7laws of this State generally applicable to sales of cigarettes
8that occur entirely within this State.
9(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
10 (720 ILCS 678/7)
11 Sec. 7. Age verification and shipping requirements to
12prevent delivery sales to to persons under 21 of age minors.
13 (a) No person, other than a delivery service, shall mail,
14ship, or otherwise cause to be delivered a shipping package in
15connection with a delivery sale unless the person:
16 (1) prior to the first delivery sale to the prospective
17 consumer, obtains from the prospective consumer a written
18 certification which includes a statement signed by the
19 prospective consumer that certifies:
20 (A) the prospective consumer's current address;
21 and
22 (B) that the prospective consumer is at least the
23 legal minimum age;
24 (2) informs, in writing, such prospective consumer
25 that:

HB3208- 68 -LRB100 04765 RLC 14772 b
1 (A) the signing of another person's name to the
2 certification described in this Section is illegal;
3 (B) sales of cigarettes to individuals under 21 18
4 years of age are illegal;
5 (C) the purchase of cigarettes by individuals
6 under 21 18 years of age is illegal; and
7 (D) the name and identity of the prospective
8 consumer may be reported to the state of the consumer's
9 current address under the Act of October 19, 1949 (15
10 U.S.C. 375, et seq.), commonly known as the Jenkins
11 Act;
12 (3) makes a good faith effort to verify the date of
13 birth of the prospective consumer provided pursuant to this
14 Section by:
15 (A) comparing the date of birth against a
16 commercially available database; or
17 (B) obtaining a photocopy or other image of a
18 valid, government-issued identification stating the
19 date of birth or age of the prospective consumer;
20 (4) provides to the prospective consumer a notice that
21 meets the requirements of subsection (b);
22 (5) receives payment for the delivery sale from the
23 prospective consumer by a credit or debit card that has
24 been issued in such consumer's name, or by a check or other
25 written instrument in such consumer's name; and
26 (6) ensures that the shipping package is delivered to

HB3208- 69 -LRB100 04765 RLC 14772 b
1 the same address as is shown on the government-issued
2 identification or contained in the commercially available
3 database.
4 (b) The notice required under this Section shall include:
5 (1) a statement that cigarette sales to consumers below
6 21 18 years of age are illegal;
7 (2) a statement that sales of cigarettes are restricted
8 to those consumers who provide verifiable proof of age in
9 accordance with subsection (a);
10 (3) a statement that cigarette sales are subject to tax
11 under Section 2 of the Cigarette Tax Act (35 ILCS 130/2),
12 Section 2 of the Cigarette Use Tax Act, and Section 3 of
13 the Use Tax Act and an explanation of how the correct tax
14 has been, or is to be, paid with respect to such delivery
15 sale.
16 (c) A statement meets the requirement of this Section if:
17 (1) the statement is clear and conspicuous;
18 (2) the statement is contained in a printed box set
19 apart from the other contents of the communication;
20 (3) the statement is printed in bold, capital letters;
21 (4) the statement is printed with a degree of color
22 contrast between the background and the printed statement
23 that is no less than the color contrast between the
24 background and the largest text used in the communication;
25 and
26 (5) for any printed material delivered by electronic

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1 means, the statement appears at both the top and the bottom
2 of the electronic mail message or both the top and the
3 bottom of the Internet website homepage.
4 (d) Each person, other than a delivery service, who mails,
5ships, or otherwise causes to be delivered a shipping package
6in connection with a delivery sale shall:
7 (1) include as part of the shipping documents a clear
8 and conspicuous statement stating: "Cigarettes: Illinois
9 Law Prohibits Shipping to Individuals Under 21 18 and
10 Requires the Payment of All Applicable Taxes";
11 (2) use a method of mailing, shipping, or delivery that
12 requires a signature before the shipping package is
13 released to the consumer; and
14 (3) ensure that the shipping package is not delivered
15 to any post office box.
16(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
17 (720 ILCS 678/8)
18 Sec. 8. Registration and reporting requirements to prevent
19delivery sales to persons under 21 years of age minors.
20 (a) Not later than the 15th day of each month, each person
21making a delivery sale during the previous calendar month shall
22file a report with the Department containing the following
23information:
24 (1) the seller's name, trade name, and the address of
25 such person's principal place of business and any other

HB3208- 71 -LRB100 04765 RLC 14772 b
1 place of business;
2 (2) the name and address of the consumer to whom such
3 delivery sale was made;
4 (3) the brand style or brand styles of the cigarettes
5 that were sold in such delivery sale;
6 (4) the quantity of cigarettes that were sold in such
7 delivery sale;
8 (5) an indication of whether or not the cigarettes sold
9 in the delivery sale bore a tax stamp evidencing payment of
10 the tax under Section 2 of the Cigarette Tax Act (35 ILCS
11 130/2); and
12 (6) such other information the Department may require.
13 (b) Each person engaged in business within this State who
14makes an out-of-state sale shall, for each individual sale,
15submit to the appropriate tax official of the state in which
16the consumer is located the information required in subsection
17(a).
18 (c) Any person that satisfies the requirements of 15 U.S.C.
19Section 376 shall be deemed to satisfy the requirements of
20subsections (a) and (b).
21 (d) The Department is authorized to disclose to the
22Attorney General any information received under this title and
23requested by the Attorney General. The Department and the
24Attorney General shall share with each other the information
25received under this title and may share the information with
26other federal, State, or local agencies for purposes of

HB3208- 72 -LRB100 04765 RLC 14772 b
1enforcement of this title or the laws of the federal government
2or of other states.
3 (e) This Section shall not be construed to impose liability
4upon any delivery service, or officers or employees thereof,
5when acting within the scope of business of the delivery
6service.
7 (f) The Department may establish procedures requiring
8electronic transmission of the information required by this
9Section directly to the Department on forms prescribed and
10furnished by the Department.
11(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
12 (720 ILCS 680/Act rep.)
13 Section 45. The Smokeless Tobacco Limitation Act is
14repealed.
15 Section 50. The Tobacco Accessories and Smoking Herbs
16Control Act is amended by changing Sections 2 and 4 as follows:
17 (720 ILCS 685/2) (from Ch. 23, par. 2358-2)
18 Sec. 2. Purpose. The sale and possession of marijuana,
19hashish, cocaine, opium and their derivatives, is not only
20prohibited by Illinois Law, but the use of these substances has
21been deemed injurious to the health of the user.
22 It has further been determined by the Surgeon General of
23the United States that the use of tobacco is hazardous to human

HB3208- 73 -LRB100 04765 RLC 14772 b
1health.
2 The ready availability of smoking herbs to persons under 21
3years of age minors could lead to the use of tobacco and
4illegal drugs.
5 It is in the best interests of the citizens of the State of
6Illinois to seek to prohibit the spread of illegal drugs,
7tobacco or smoking materials to persons under 21 years of age
8minors. The prohibition of the sale of tobacco and snuff
9accessories and smoking herbs to persons under 21 years of age
10minors would help to curb the usage of illegal drugs and
11tobacco products, among our youth.
12(Source: P.A. 82-487.)
13 (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
14 Sec. 4. Offenses.
15 (a) Sale to persons under 21 years of age minors. No person
16shall knowingly sell, barter, exchange, deliver or give away or
17cause or permit or procure to be sold, bartered, exchanged,
18delivered, or given away tobacco accessories or smoking herbs
19to any person under 21 18 years of age.
20 (a-5) Sale of bidi cigarettes. No person shall knowingly
21sell, barter, exchange, deliver, or give away a bidi cigarette
22to another person, nor shall a person cause or permit or
23procure a bidi cigarette to be sold, bartered, exchanged,
24delivered, or given away to another person.
25 (b) Sale of cigarette paper. No person shall knowingly

HB3208- 74 -LRB100 04765 RLC 14772 b
1offer, sell, barter, exchange, deliver or give away cigarette
2paper or cause, permit, or procure cigarette paper to be sold,
3offered, bartered, exchanged, delivered, or given away except
4from premises or an establishment where other tobacco products
5are sold. For purposes of this Section, "tobacco products"
6means cigarettes, cigars, smokeless tobacco, or tobacco in any
7of its forms.
8 (b-5) Sale of flavored wrapping paper and wrapping leaf. A
9person shall not knowingly sell, give away, barter, exchange,
10or otherwise furnish to any person any wrapping paper or
11wrapping leaf, however characterized, including, without
12limitation, cigarette papers, blunt wraps, cigar wraps, or
13tubes of paper or leaf, or any similar device, for the purpose
14of making a roll of tobacco or herbs for smoking, that is or is
15held out to be, impregnated, scented, or imbibed with, or aged
16or dipped in, a characterizing flavor, other than tobacco or
17menthol, including, without limitation, alcoholic or liquor
18flavor, or both, chocolate, fruit flavoring, vanilla, peanut
19butter, jelly, or any combination of those flavors or similar
20child attractive scent or flavor.
21 (c) Sale of cigarette paper from vending machines. No
22person shall knowingly offer, sell, barter, exchange, deliver
23or give away cigarette paper or cause, permit, or procure
24cigarette paper to be sold, offered, bartered, exchanged,
25delivered, or given away by use of a vending or coin-operated
26machine or device. For purposes of this Section, "cigarette

HB3208- 75 -LRB100 04765 RLC 14772 b
1paper" shall not include any paper that is incorporated into a
2product to which a tax stamp must be affixed under the
3Cigarette Tax Act or the Cigarette Use Tax Act.
4 (d) Use of identification cards. No person in the
5furtherance or facilitation of obtaining smoking accessories
6and smoking herbs shall display or use a false or forged
7identification card or transfer, alter, or deface an
8identification card.
9 (e) Warning to persons under 21 years of age minors. Any
10person, firm, partnership, company or corporation operating a
11place of business where tobacco accessories and smoking herbs
12are sold or offered for sale shall post in a conspicuous place
13upon the premises a sign upon which there shall be imprinted
14the following statement, "SALE OF TOBACCO ACCESSORIES AND
15SMOKING HERBS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE
16MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
17BY LAW". The sign shall be printed on a white card in red
18letters at least one-half inch in height.
19(Source: P.A. 97-917, eff. 8-9-12.)
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