Bill Text: IL HB4212 | 2015-2016 | 99th General Assembly | Engrossed

---

Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a violation of the Act involving the sale or distribution of single or loose cigarettes that are not contained within a sealed container, pack, or package to persons who are 18 years of age or older is a petty offense punishable by a fine of not more than $50, which may be satisfied without a court appearance by a written plea of guilty and payment of all applicable fines, penalties, and costs. Amends the Cigarette Tax Act and the Cigarette Use Tax Act to provide that those violations shall be subject only to the penalties provided in the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2016-05-27 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [HB4212 Detail]

Download: Illinois-2015-HB4212-Engrossed.html

---

HB4212 Engrossed LRB099 12130 HLH 34837 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Cigarette Tax Act is amended by changing
Section 24 as follows:
(35 ILCS 130/24) (from Ch. 120, par. 453.24)
(Text of Section before amendment by P.A. 98-1055)
Sec. 24. Punishment for sale or possession of packages of
contraband cigarettes.
(a) Possession or sale of 100 or less packages of
contraband cigarettes. With the exception of licensed
distributors, licensed secondary distributors, or licensed
transporters, as defined in Section 9c of this Act, any person
who has in his or her possession or sells 100 or less original
packages of contraband cigarettes is guilty of a Class A
misdemeanor.
(b) Possession or sale of more than 100 but less than 251
packages of contraband cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of this Act,
any person who has in his or her possession or sells more than
100 but less than 251 original packages of contraband
cigarettes is guilty of a Class A misdemeanor for a first

HB4212 Engrossed - 2 - LRB099 12130 HLH 34837 b
offense and a Class 4 felony for each subsequent offense.
(c) Possession or sale of more than 250 but less than 1,001
packages of contraband cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of this Act,
any person who has in his or her possession or sells more than
250 but less than 1,001 original packages of contraband
cigarettes is guilty of a Class 4 felony.
(d) Possession or sale of more than 1,000 packages of
contraband cigarettes. With the exception of licensed
distributors, licensed secondary distributors, or licensed
transporters, as defined in Section 9c of this Act, any person
who has in his or her possession or sells more than 1,000
original packages of contraband cigarettes is guilty of a Class
3 felony.
(e) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of this
Act, who has in his or her possession or sells 100 or less
original packages of contraband cigarettes is guilty of a Class
A misdemeanor.
(f) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of this
Act, who has in his or her possession or sells more than 100
original packages of contraband cigarettes is guilty of a Class
4 felony.
(g) Notwithstanding subsections (e) through (f), licensed

HB4212 Engrossed - 3 - LRB099 12130 HLH 34837 b
distributors and transporters, as defined in Section 9c of this
Act, may possess unstamped packages of cigarettes.
Notwithstanding subsections (e) through (f), licensed
distributors may possess cigarettes that bear a tax stamp of
another state or taxing jurisdiction. Notwithstanding
subsections (e) through (f), a licensed distributor or licensed
secondary distributor may possess contraband cigarettes
returned to the distributor or licensed secondary distributor
by a retailer if the distributor or licensed secondary
distributor immediately conducts an inventory of the
cigarettes being returned, the distributor or licensed
secondary distributor and the retailer returning the
contraband cigarettes sign the inventory, the distributor or
licensed secondary distributor provides a copy of the signed
inventory to the retailer, and the distributor retains the
inventory in its books and records and promptly notifies the
Department of Revenue.
(h) Notwithstanding subsections (a) through (d) of this
Section, a retailer unknowingly possessing contraband
cigarettes obtained from a licensed distributor or licensed
secondary distributor or knowingly possessing contraband
cigarettes obtained from a licensed distributor is not subject
to penalties under this Section if the retailer, within 48
hours after discovering that the cigarettes are contraband
cigarettes, excluding Saturdays, Sundays, and holidays: (i)
notifies the Department and the licensed distributor or

HB4212 Engrossed - 4 - LRB099 12130 HLH 34837 b
licensed secondary distributor from whom the cigarettes were
obtained, orally and in writing, that he or she possesses
contraband cigarettes obtained from a licensed distributor or
licensed secondary distributor; (ii) places the contraband
cigarettes in one or more containers and seals those
containers; and (iii) places on the containers the following or
similar language: "Contraband Cigarettes. Not For Sale." All
contraband cigarettes in the possession of a retailer remain
subject to forfeiture under the provisions of this Act.
(i) Notwithstanding any other provision of law, violations
of subsection (d) of Section 1 of the Prevention of Tobacco Use
by Minors and Sale and Distribution of Tobacco Products Act,
other than violations involving the sale or distribution of a
tobacco product to a minor under the age of 18, shall be
subject only to the penalties provided in subsection (g-5) of
Section 2 of that Act.
(Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10.)
(Text of Section after amendment by P.A. 98-1055)
Sec. 24. Punishment for sale or possession of packages of
contraband cigarettes.
(a) Possession or sale of 100 or less packages of
contraband cigarettes. With the exception of licensed
distributors, licensed secondary distributors, or licensed
transporters, as defined in Section 9c of this Act, any person
who has in his or her possession or sells 100 or less original

HB4212 Engrossed - 5 - LRB099 12130 HLH 34837 b
packages of contraband cigarettes is guilty of a Class A
misdemeanor and a Class 4 felony for each subsequent offense
occurring within 12 months of a prior offense.
(b) Possession or sale of more than 100 but less than 251
packages of contraband cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of this Act,
any person who has in his or her possession or sells more than
100 but less than 251 original packages of contraband
cigarettes is guilty of a Class A misdemeanor for a first
offense and a Class 4 felony for each subsequent offense.
(c) Possession or sale of more than 250 but less than 1,001
packages of contraband cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of this Act,
any person who has in his or her possession or sells more than
250 but less than 1,001 original packages of contraband
cigarettes is guilty of a Class 4 felony.
(d) Possession or sale of more than 1,000 packages of
contraband cigarettes. With the exception of licensed
distributors, licensed secondary distributors, or licensed
transporters, as defined in Section 9c of this Act, any person
who has in his or her possession or sells more than 1,000
original packages of contraband cigarettes is guilty of a Class
3 felony.
(e) Any person licensed as a distributor, secondary

HB4212 Engrossed - 6 - LRB099 12130 HLH 34837 b
distributor, or transporter, as defined in Section 9c of this
Act, who has in his or her possession or sells 100 or less
original packages of contraband cigarettes is guilty of a Class
A misdemeanor and a Class 4 felony for each subsequent offense
occurring within 12 months of a prior offense.
(f) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of this
Act, who has in his or her possession or sells more than 100
original packages of contraband cigarettes is guilty of a Class
4 felony.
(g) Notwithstanding subsections (e) through (f), licensed
distributors and transporters, as defined in Section 9c of this
Act, may possess unstamped packages of cigarettes.
Notwithstanding subsections (e) through (f), licensed
distributors may possess cigarettes that bear a tax stamp of
another state or taxing jurisdiction. Notwithstanding
subsections (e) through (f), a licensed distributor or licensed
secondary distributor may possess contraband cigarettes
returned to the distributor or licensed secondary distributor
by a retailer if the distributor or licensed secondary
distributor immediately conducts an inventory of the
cigarettes being returned, the distributor or licensed
secondary distributor and the retailer returning the
contraband cigarettes sign the inventory, the distributor or
licensed secondary distributor provides a copy of the signed
inventory to the retailer, and the distributor retains the

HB4212 Engrossed - 7 - LRB099 12130 HLH 34837 b
inventory in its books and records and promptly notifies the
Department of Revenue.
(h) Notwithstanding subsections (a) through (d) of this
Section, a retailer unknowingly possessing contraband
cigarettes obtained from a licensed distributor or licensed
secondary distributor or knowingly possessing contraband
cigarettes obtained from a licensed distributor is not subject
to penalties under this Section if the retailer, within 48
hours after discovering that the cigarettes are contraband
cigarettes, excluding Saturdays, Sundays, and holidays: (i)
notifies the Department and the licensed distributor or
licensed secondary distributor from whom the cigarettes were
obtained, orally and in writing, that he or she possesses
contraband cigarettes obtained from a licensed distributor or
licensed secondary distributor; (ii) places the contraband
cigarettes in one or more containers and seals those
containers; and (iii) places on the containers the following or
similar language: "Contraband Cigarettes. Not For Sale." All
contraband cigarettes in the possession of a retailer remain
subject to forfeiture under the provisions of this Act.
Any retailer who knowingly possesses packages of
cigarettes with a counterfeit stamp with intent to sell is
guilty of a Class 2 felony. Any retailer who knowingly
possesses unstamped packages of cigarettes with intent to sell
is guilty of a Class 4 felony. A retailer shall not be liable
for unknowingly possessing, selling, or distributing to

HB4212 Engrossed - 8 - LRB099 12130 HLH 34837 b
consumers cigarettes that contain an old stamp if the correct
tax was collected at the point of sale and the cigarettes were
obtained from a distributor licensed under this Act.
(i) Notwithstanding any other provision of law, violations
of subsection (d) of Section 1 of the Prevention of Tobacco Use
by Minors and Sale and Distribution of Tobacco Products Act,
other than violations involving the sale or distribution of a
tobacco product to a minor under the age of 18, shall be
subject only to the penalties provided in subsection (g-5) of
Section 2 of that Act.
(Source: P.A. 98-1055, eff. 1-1-16.)
Section 10. The Cigarette Use Tax Act is amended by
changing Section 30 as follows:
(35 ILCS 135/30) (from Ch. 120, par. 453.60)
(Text of Section before amendment by P.A. 98-1055)
Sec. 30. Punishment for sale or possession of unstamped
packages of cigarettes, other than by a licensed distributor or
transporter.
(a) Possession or sale of more than 9 but less than 101
unstamped packages of cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of the
Cigarette Tax Act, any person who has in his or her possession
or sells more than 9 but less than 101 original packages of

HB4212 Engrossed - 9 - LRB099 12130 HLH 34837 b
contraband cigarettes is guilty of a Class A misdemeanor.
(b) Possession or sale of more than 100 but less than 251
unstamped packages of cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of the
Cigarette Tax Act, any person who has in his or her possession
or sells more than 100 but less than 251 original packages of
contraband cigarettes is guilty of a Class A misdemeanor for
the first offense and a Class 4 felony for each subsequent
offense.
(c) Possession or sale of more than 250 but less than 1,001
unstamped packages of cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of the
Cigarette Tax Act, any person who has in his or her possession
or sells more than 250 but less than 1,001 original packages of
contraband cigarettes is guilty of a Class 4 felony.
(d) Possession or sale of more than 1,000 contraband
packages of cigarettes. With the exception of licensed
distributors, licensed secondary distributors, or licensed
transporters, as defined in Section 9c of the Cigarette Tax
Act, any person who has in his or her possession or sells, more
than 1,000 original packages of contraband cigarettes is guilty
of a Class 3 felony.
(e) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of the

HB4212 Engrossed - 10 - LRB099 12130 HLH 34837 b
Cigarette Tax Act, who has in his or her possession or sells
100 or less original packages of contraband cigarettes is
guilty of a Class A misdemeanor.
(f) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of the
Cigarette Tax Act, who has in his or her possession or sells
more than 100 original packages of contraband cigarettes is
guilty of a Class 4 felony.
(g) Notwithstanding subsections (e) through (f), licensed
distributors and transporters, as defined in Section 9c of the
Cigarette Tax Act, may possess unstamped packages of
cigarettes. Notwithstanding subsections (e) through (f),
licensed distributors may possess cigarettes that bear a tax
stamp of another state or taxing jurisdiction. Notwithstanding
subsections (e) through (f), a licensed distributor or licensed
secondary distributor may possess contraband cigarettes
returned to the distributor or licensed secondary distributor
by a retailer if the distributor or licensed secondary
distributor immediately conducts an inventory of the
cigarettes being returned, the distributor or licensed
secondary distributor and the retailer returning the
contraband cigarettes sign the inventory, the distributor or
licensed secondary distributor provides a copy of the signed
inventory to the retailer, and the distributor or licensed
secondary distributor retains the inventory in its books and
records and promptly notifies the Department of Revenue.

HB4212 Engrossed - 11 - LRB099 12130 HLH 34837 b
(h) Notwithstanding subsections (a) through (d) of this
Section, a retailer unknowingly possessing contraband
cigarettes obtained from a licensed distributor or licensed
secondary distributor or knowingly possessing contraband
cigarettes obtained from a licensed distributor or licensed
secondary distributor is not subject to penalties under this
Section if the retailer, within 48 hours after discovering that
the cigarettes are contraband cigarettes, excluding Saturdays,
Sundays, and holidays: (i) notifies the Department and the
licensed distributor or licensed secondary distributor from
whom the cigarettes were obtained, orally and in writing, that
he or she possesses contraband cigarettes obtained from a
licensed distributor or licensed secondary distributor; (ii)
places the contraband cigarettes in one or more containers and
seals those containers; and (iii) places on the containers the
following or similar language: "Contraband Cigarettes. Not For
Sale." All contraband cigarettes in the possession of a
retailer remain subject to forfeiture under the provisions of
this Act.
(i) Notwithstanding any other provision of law, violations
of subsection (d) of Section 1 of the Prevention of Tobacco Use
by Minors and Sale and Distribution of Tobacco Products Act,
other than violations involving the sale or distribution of a
tobacco product to a minor under the age of 18, shall be
subject only to the penalties provided in subsection (g-5) of
Section 2 of that Act.

HB4212 Engrossed - 12 - LRB099 12130 HLH 34837 b
(Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10.)
(Text of Section after amendment by P.A. 98-1055)
Sec. 30. Punishment for sale or possession of unstamped
packages of cigarettes, other than by a licensed distributor or
transporter.
(a) Possession or sale of more than 9 but less than 101
unstamped packages of cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of the
Cigarette Tax Act, any person who has in his or her possession
or sells more than 9 but less than 101 original packages of
contraband cigarettes is guilty of a Class A misdemeanor and a
Class 4 felony for each subsequent offense occurring within 12
months of a prior offense.
(b) Possession or sale of more than 100 but less than 251
unstamped packages of cigarettes. With the exception of
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of the
Cigarette Tax Act, any person who has in his or her possession
or sells more than 100 but less than 251 original packages of
contraband cigarettes is guilty of a Class A misdemeanor for
the first offense and a Class 4 felony for each subsequent
offense.
(c) Possession or sale of more than 250 but less than 1,001
unstamped packages of cigarettes. With the exception of

HB4212 Engrossed - 13 - LRB099 12130 HLH 34837 b
licensed distributors, licensed secondary distributors, or
licensed transporters, as defined in Section 9c of the
Cigarette Tax Act, any person who has in his or her possession
or sells more than 250 but less than 1,001 original packages of
contraband cigarettes is guilty of a Class 4 felony.
(d) Possession or sale of more than 1,000 contraband
packages of cigarettes. With the exception of licensed
distributors, licensed secondary distributors, or licensed
transporters, as defined in Section 9c of the Cigarette Tax
Act, any person who has in his or her possession or sells, more
than 1,000 original packages of contraband cigarettes is guilty
of a Class 3 felony.
(e) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of the
Cigarette Tax Act, who has in his or her possession or sells
100 or less original packages of contraband cigarettes is
guilty of a Class A misdemeanor and a Class 4 felony for each
subsequent offense occurring within 12 months of a prior
offense.
(f) Any person licensed as a distributor, secondary
distributor, or transporter, as defined in Section 9c of the
Cigarette Tax Act, who has in his or her possession or sells
more than 100 original packages of contraband cigarettes is
guilty of a Class 4 felony.
(g) Notwithstanding subsections (e) through (f), licensed
distributors and transporters, as defined in Section 9c of the

HB4212 Engrossed - 14 - LRB099 12130 HLH 34837 b
Cigarette Tax Act, may possess unstamped packages of
cigarettes. Notwithstanding subsections (e) through (f),
licensed distributors may possess cigarettes that bear a tax
stamp of another state or taxing jurisdiction. Notwithstanding
subsections (e) through (f), a licensed distributor or licensed
secondary distributor may possess contraband cigarettes
returned to the distributor or licensed secondary distributor
by a retailer if the distributor or licensed secondary
distributor immediately conducts an inventory of the
cigarettes being returned, the distributor or licensed
secondary distributor and the retailer returning the
contraband cigarettes sign the inventory, the distributor or
licensed secondary distributor provides a copy of the signed
inventory to the retailer, and the distributor or licensed
secondary distributor retains the inventory in its books and
records and promptly notifies the Department of Revenue.
(h) Notwithstanding subsections (a) through (d) of this
Section, a retailer unknowingly possessing contraband
cigarettes obtained from a licensed distributor or licensed
secondary distributor or knowingly possessing contraband
cigarettes obtained from a licensed distributor or licensed
secondary distributor is not subject to penalties under this
Section if the retailer, within 48 hours after discovering that
the cigarettes are contraband cigarettes, excluding Saturdays,
Sundays, and holidays: (i) notifies the Department and the
licensed distributor or licensed secondary distributor from

HB4212 Engrossed - 15 - LRB099 12130 HLH 34837 b
whom the cigarettes were obtained, orally and in writing, that
he or she possesses contraband cigarettes obtained from a
licensed distributor or licensed secondary distributor; (ii)
places the contraband cigarettes in one or more containers and
seals those containers; and (iii) places on the containers the
following or similar language: "Contraband Cigarettes. Not For
Sale." All contraband cigarettes in the possession of a
retailer remain subject to forfeiture under the provisions of
this Act.
Any retailer who knowingly possesses packages of
cigarettes with a counterfeit stamp with intent to sell is
guilty of a Class 2 felony. Any retailer who knowingly
possesses unstamped packages of cigarettes with intent to sell
is guilty of a Class 4 felony. A retailer shall not be liable
for unknowingly possessing, selling, or distributing to
consumers cigarettes that contain an old stamp if the correct
tax was collected at the point of sale and the cigarettes were
obtained from a distributor licensed under this Act.
(i) Notwithstanding any other provision of law, violations
of subsection (d) of Section 1 of the Prevention of Tobacco Use
by Minors and Sale and Distribution of Tobacco Products Act,
other than violations involving the sale or distribution of a
tobacco product to a minor under the age of 18, shall be
subject only to the penalties provided in subsection (g-5) of
Section 2 of that Act.
(Source: P.A. 98-1055, eff. 1-1-16.)

HB4212 Engrossed - 16 - LRB099 12130 HLH 34837 b
Section 15. The Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act is amended by
changing Section 2 as follows:
(720 ILCS 675/2) (from Ch. 23, par. 2358)
(Text of Section before amendment by P.A. 98-1055)
Sec. 2. Penalties.
(a) Any person who violates subsection (a), (a-5), or (a-6)
of Section 1 or Section 1.5 of this Act is guilty of a petty
offense and for the first offense shall be fined $200, $400 for
the second offense in a 12-month period, and $600 for the third
or any subsequent offense in a 12-month period.
(b) If a minor violates subsection (a-7) of Section 1 he or
she is guilty of a petty offense and the court may impose a
sentence of 15 hours of community service or a fine of $25 for
a first violation.
(c) A second violation by a minor of subsection (a-7) of
Section 1 that occurs within 12 months after the first
violation is punishable by a fine of $50 and 25 hours of
community service.
(d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 that occurs within 12 months
after the first violation is punishable by a $100 fine and 30
hours of community service.
(e) Any second or subsequent violation not within the

HB4212 Engrossed - 17 - LRB099 12130 HLH 34837 b
12-month time period after the first violation is punishable as
provided for a first violation.
(f) If a minor is convicted of or placed on supervision for
a violation of subsection (a-7) of Section 1, the court may, in
its discretion, and upon recommendation by the State's
Attorney, order that minor and his or her parents or legal
guardian to attend a smoker's education or youth diversion
program if that program is available in the jurisdiction where
the offender resides. Attendance at a smoker's education or
youth diversion program shall be time-credited against any
community service time imposed for any first violation of
subsection (a-7) of Section 1. In addition to any other penalty
that the court may impose for a violation of subsection (a-7)
of Section 1, the court, upon request by the State's Attorney,
may in its discretion require the offender to remit a fee for
his or her attendance at a smoker's education or youth
diversion program.
(g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and the health consequences of smoking tobacco products that
can be conducted with a locality's youth diversion program.
(g-5) A violation of subsection (d) of Section 1 of this
Act, other than a violation involving the sale or distribution
of a tobacco product to a minor under the age of 18, is a petty

HB4212 Engrossed - 18 - LRB099 12130 HLH 34837 b
offense punishable by a fine of not more than $50 for each
violation. Such a violation may be satisfied without a court
appearance by a written plea of guilty and payment of all
applicable fines, penalties, and costs.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
distributed in the following manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully
prosecuted the offender; and
(2) one-half shall be remitted to the State to be used
for enforcing this Act.
(Source: P.A. 98-350, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-1055)
Sec. 2. Penalties.
(a) Any person who violates subsection (a) or (a-5) of
Section 1 or Section 1.5 of this Act is guilty of a petty
offense. For the first offense in a 24-month period, the person
shall be fined $200 if his or her employer has a training
program that facilitates compliance with minimum-age tobacco
laws. For the second offense in a 24-month period, the person
shall be fined $400 if his or her employer has a training
program that facilitates compliance with minimum-age tobacco
laws. For the third offense in a 24-month period, the person
shall be fined $600 if his or her employer has a training

HB4212 Engrossed - 19 - LRB099 12130 HLH 34837 b
program that facilitates compliance with minimum-age tobacco
laws. For the fourth or subsequent offense in a 24-month
period, the person shall be fined $800 if his or her employer
has a training program that facilitates compliance with
minimum-age tobacco laws. For the purposes of this subsection,
the 24-month period shall begin with the person's first
violation of the Act. The penalties in this subsection are in
addition to any other penalties prescribed under the Cigarette
Tax Act and the Tobacco Products Tax Act of 1995.
(a-5) Any person who violates subsection (a) or (a-5) of
Section 1 or Section 1.5 of this Act is guilty of a petty
offense. For the first offense, the retailer shall be fined
$200 if it does not have a training program that facilitates
compliance with minimum-age tobacco laws. For the second
offense, the retailer shall be fined $400 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the third offense, the retailer shall be
fined $600 if it does not have a training program that
facilitates compliance with minimum-age tobacco laws. For the
fourth or subsequent offense in a 24-month period, the retailer
shall be fined $800 if it does not have a training program that
facilitates compliance with minimum-age tobacco laws. For the
purposes of this subsection, the 24-month period shall begin
with the person's first violation of the Act. The penalties in
this subsection are in addition to any other penalties
prescribed under the Cigarette Tax Act and the Tobacco Products

HB4212 Engrossed - 20 - LRB099 12130 HLH 34837 b
Tax Act of 1995.
(a-6) For the purpose of this Act, a training program that
facilitates compliance with minimum-age tobacco laws must
include at least the following elements: (i) it must explain
that only individuals displaying valid identification
demonstrating that they are 18 years of age or older shall be
eligible to purchase cigarettes or tobacco products; (ii) it
must explain where a clerk can check identification for a date
of birth; and (iii) it must explain the penalties that a clerk
and retailer are subject to for violations of the Prevention of
Tobacco Use by Minors and Sale and Distribution of Tobacco
Products Act.
(b) If a minor violates subsection (a-7) of Section 1 he or
she is guilty of a petty offense and the court may impose a
sentence of 25 hours of community service and a fine of $50 for
a first violation. If a minor violates subsection (a-6) of
Section 1, he or she is guilty of a Class A misdemeanor.
(c) A second violation by a minor of subsection (a-7) of
Section 1 that occurs within 12 months after the first
violation is punishable by a fine of $75 and 50 hours of
community service.
(d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 that occurs within 12 months
after the first violation is punishable by a $200 fine and 50
hours of community service.
(e) Any second or subsequent violation not within the

HB4212 Engrossed - 21 - LRB099 12130 HLH 34837 b
12-month time period after the first violation is punishable as
provided for a first violation.
(f) If a minor is convicted of or placed on supervision for
a violation of subsection (a-6) or (a-7) of Section 1, the
court may, in its discretion, and upon recommendation by the
State's Attorney, order that minor and his or her parents or
legal guardian to attend a smoker's education or youth
diversion program if that program is available in the
jurisdiction where the offender resides. Attendance at a
smoker's education or youth diversion program shall be
time-credited against any community service time imposed for
any first violation of subsection (a-7) of Section 1. In
addition to any other penalty that the court may impose for a
violation of subsection (a-7) of Section 1, the court, upon
request by the State's Attorney, may in its discretion require
the offender to remit a fee for his or her attendance at a
smoker's education or youth diversion program.
(g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and the health consequences of smoking tobacco products that
can be conducted with a locality's youth diversion program.
(g-5) A violation of subsection (d) of Section 1 of this
Act, other than a violation involving the sale or distribution
of a tobacco product to a minor under the age of 18, is a petty

HB4212 Engrossed - 22 - LRB099 12130 HLH 34837 b
offense punishable by a fine of not more than $50 for each
violation. Such a violation may be satisfied without a court
appearance by a written plea of guilty and payment of all
applicable fines, penalties, and costs.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
distributed in the following manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully
prosecuted the offender; and
(2) one-half shall be remitted to the State to be used
for enforcing this Act.
Any violation of subsection (a) or (a-5) of Section 1 or
Section 1.5 shall be reported to the Department of Revenue
within 7 business days.
(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.