Bill Text: IL HB4297 | 2017-2018 | 100th General Assembly | Introduced

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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 from at least 18 years of age to at least 21 years of age. Eliminates the penalty for possession of a cigar, cigarette, smokeless tobacco, or tobacco in any of its forms by persons under 18 years of age. Defines "electronic cigarette". Repeals the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4297 Detail]

Download: Illinois-2017-HB4297-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4297 Introduced , by Rep. Camille Y. Lilly 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 16754 RLC 31894 b
A BILL FOR
HB4297 LRB100 16754 RLC 31894 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 6 as follows:
(35 ILCS 130/6) (from Ch. 120, par. 453.6)
Sec. 6. Revocation, cancellation, or suspension of
license. The Department may, after notice and hearing as
provided for by this Act, revoke, cancel or suspend the license
of any distributor, secondary distributor, or retailer for the
violation of any provision of this Act, or for noncompliance
with any provision herein contained, or for any noncompliance
with any lawful rule or regulation promulgated by the
Department under Section 8 of this Act, or because the licensee
is determined to be ineligible for a distributor's license for
any one or more of the reasons provided for in Section 4 of
this Act, or because the licensee is determined to be
ineligible for a secondary distributor's license for any one or
more of the reasons provided for in Section 4c of this Act, or
because the licensee is determined to be ineligible for a
retailer's license for any one or more of the reasons provided
for in Section 4g of this Act. However, no such license shall
be revoked, cancelled or suspended, except after a hearing by

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

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If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 3 days the license of that
retailer for a second violation of the Prevention of Tobacco
Use by Persons under 21 Years of Age Minors and Sale and
Distribution of Tobacco Products Act, as provided in subsection
(a-5) of Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 7 days the license of that
retailer for a third violation of the Prevention of Tobacco Use
by Persons under 21 Years of Age Minors and Sale and
Distribution of Tobacco Products Act, as provided in subsection
(a-5) of Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 30 days the license of a retailer
for a fourth or subsequent violation of the Prevention of
Tobacco Use by Persons under 21 Years of Age Minors and Sale
and Distribution of Tobacco Products Act, as provided in
subsection (a-5) of Section 2 of that 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 21 18 years of
age or older shall be eligible to purchase cigarettes or

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

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

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

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Department shall suspend for 7 days the license of that
retailer for a third violation of the Prevention of Tobacco Use
by Persons under 21 Years of Age Minors and Sale and
Distribution of Tobacco Products Act, as provided in subsection
(a-5) of Section 2 of that Act.
If the retailer does not have a training program that
facilitates compliance with minimum-age tobacco laws, the
Department shall suspend for 30 days the license of a retailer
for a fourth or subsequent violation of the Prevention of
Tobacco Use by Persons under 21 Years of Age Minors and Sale
and Distribution of Tobacco Products Act, as provided in
subsection (a-5) of Section 2 of that 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 21 18 years of
age or older shall be eligible to purchase cigarettes or
tobacco products and (ii) it must explain where a clerk can
check identification for a date of birth. The training may be
conducted electronically. Each retailer that has a training
program shall require each employee who completes the training
program to sign a form attesting that the employee has received
and completed tobacco training. The form shall be kept in the
employee's file and may be used to provide proof of training.
(d) The Department may, by application to any circuit
court, obtain an injunction restraining any person who engages

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

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boats, brokers, and wine maker's premises licensees in
accordance with the provisions of this Act, and to suspend
or revoke such licenses upon the State commission's
determination, upon notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. Except in the case of an
action taken pursuant to a violation of Section 6-3, 6-5,
or 6-9, any action by the State Commission to suspend or
revoke a licensee's license may be limited to the license
for the specific premises where the violation occurred. An
action for a violation of this Act shall be commenced by
the State Commission within 2 years after the date the
State Commission becomes aware of the violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State commission's
determination and notice after hearing, that a licensee has
violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation.
For the purpose of this paragraph (1), when determining
multiple violations for the sale of alcohol to a person
under the age of 21, a second or subsequent violation for
the sale of alcohol to a person under the age of 21 shall
only be considered if it was committed within 5 years after
the date when a prior violation for the sale of alcohol to

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a person under the age of 21 was committed.
The fine imposed under this paragraph may not exceed
$500 for each violation. Each day that the activity, which
gave rise to the original fine, continues is a separate
violation. The maximum fine that may be levied against any
licensee, for the period of the license, shall not exceed
$20,000. The maximum penalty that may be imposed on a
licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the destruction
of that bottle of alcoholic liquor for the first 10 bottles
so sold or served from by the licensee. For the eleventh
bottle of alcoholic liquor and for each third bottle
thereafter sold or served from by the licensee with a
foreign object in it, the maximum penalty that may be
imposed on the licensee is the destruction of the bottle of
alcoholic liquor and a fine of up to $50.
Any notice issued by the State Commission to a licensee
for a violation of this Act or any notice with respect to
settlement or offer in compromise shall include the field
report, photographs, and any other supporting
documentation necessary to reasonably inform the licensee
of the nature and extent of the violation or the conduct
alleged to have occurred.
(2) To adopt such rules and regulations consistent with
the provisions of this Act which shall be necessary to

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carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments of
the State, county and municipal governments, county and
city police departments and upon prosecuting officers for
such information and assistance as it deems necessary in
the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold. Nothing in this Act
authorizes an agent of the Commission to inspect private
areas within the premises without reasonable suspicion or a
warrant during an inspection. "Private areas" include, but
are not limited to, safes, personal property, and closed
desks.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or

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retailer without a license or valid license, to notify the
local liquor authority, file a complaint with the State's
Attorney's Office of the county where the incident
occurred, or initiate an investigation with the
appropriate law enforcement officials.
(5.2) To issue a cease and desist notice to persons
shipping alcoholic liquor into this State from a point
outside of this State if the shipment is in violation of
this Act.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations
issued pursuant to this Act. Such complaints shall be in
writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in
relation to the alleged violation. If the Commission has
reasonable grounds to believe that the complaint
substantially alleges a violation of this Act or rules and
regulations adopted pursuant to this Act, it shall conduct
an investigation. If, after conducting an investigation,
the Commission is satisfied that the alleged violation did
occur, it shall proceed with disciplinary action against
the licensee as provided in this Act.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of this

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Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the majority
of persons who are parties to the hearing.
(7) The commission shall establish uniform systems of
accounts to be kept by all retail licensees having more
than 4 employees, and for this purpose the commission may
classify all retail licensees having more than 4 employees
and establish a uniform system of accounts for each class
and prescribe the manner in which such accounts shall be
kept. The commission may also prescribe the forms of
accounts to be kept by all retail licensees having more
than 4 employees, including but not limited to accounts of
earnings and expenses and any distribution, payment, or
other distribution of earnings or assets, and any other
forms, records and memoranda which in the judgment of the
commission may be necessary or appropriate to carry out any
of the provisions of this Act, including but not limited to
such forms, records and memoranda as will readily and
accurately disclose at all times the beneficial ownership
of such retail licensed business. The accounts, forms,
records and memoranda shall be available at all reasonable
times for inspection by authorized representatives of the
State commission or by any local liquor control
commissioner or his or her authorized representative. The
commission, may, from time to time, alter, amend or repeal,

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in whole or in part, any uniform system of accounts, or the
form and manner of keeping accounts.
(8) In the conduct of any hearing authorized to be held
by the commission, to appoint, at the commission's
discretion, hearing officers to conduct hearings involving
complex issues or issues that will require a protracted
period of time to resolve, to examine, or cause to be
examined, under oath, any licensee, and to examine or cause
to be examined the books and records of such licensee; to
hear testimony and take proof material for its information
in the discharge of its duties hereunder; to administer or
cause to be administered oaths; for any such purpose to
issue subpoena or subpoenas to require the attendance of
witnesses and the production of books, which shall be
effective in any part of this State, and to adopt rules to
implement its powers under this paragraph (8).
Any Circuit Court may by order duly entered, require
the attendance of witnesses and the production of relevant
books subpoenaed by the State commission and the court may
compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time
to the Governor and through him or her to the legislature
of this State, such amendments to this Act, if any, as it
may think desirable and as will serve to further the

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general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
for the control, sale or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire or
other similar occurrence.
(11) To develop industry educational programs related
to responsible serving and selling, particularly in the
areas of overserving consumers and illegal underage
purchasing and consumption of alcoholic beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers for
mandatory and non-mandatory training under the Beverage
Alcohol Sellers and Servers Education and Training
(BASSET) programs and to develop and administer a public
awareness program in Illinois to reduce or eliminate the
illegal purchase and consumption of alcoholic beverage
products by persons under the age of 21. Application for a
license shall be made on forms provided by the State
Commission.
(12) To develop and maintain a repository of license
and regulatory information.
(13) (Blank). On or before January 15, 1994, the
Commission shall issue a written report to the Governor and
General Assembly that is to be based on a comprehensive
study of the impact on and implications for the State of

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Illinois of Section 1926 of the federal ADAMHA
Reorganization Act of 1992 (Public Law 102-321). This study
shall address the extent to which Illinois currently
complies with the provisions of P.L. 102-321 and the rules
promulgated pursuant thereto.
As part of its report, the Commission shall provide the
following essential information:
(i) the number of retail distributors of tobacco
products, by type and geographic area, in the State;
(ii) the number of reported citations and
successful convictions, categorized by type and
location of retail distributor, for violation of the
Prevention of Tobacco Use by Minors and Sale and
Distribution of Tobacco Products Act and the Smokeless
Tobacco Limitation Act;
(iii) the extent and nature of organized
educational and governmental activities that are
intended to promote, encourage or otherwise secure
compliance with any Illinois laws that prohibit the
sale or distribution of tobacco products to minors; and
(iv) the level of access and availability of
tobacco products to individuals under the age of 18.
To obtain the data necessary to comply with the
provisions of P.L. 102-321 and the requirements of this
report, the Commission shall conduct random, unannounced
inspections of a geographically and scientifically

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representative sample of the State's retail tobacco
distributors.
The Commission shall consult with the Department of
Public Health, the Department of Human Services, the
Illinois State Police and any other executive branch
agency, and private organizations that may have
information relevant to this report.
The Commission may contract with the Food and Drug
Administration of the U.S. Department of Health and Human
Services to conduct unannounced investigations of Illinois
tobacco vendors to determine compliance with federal laws
relating to the illegal sale of cigarettes and smokeless
tobacco products to persons under the age of 18.
(14) On or before April 30, 2008 and every 2 years
thereafter, the Commission shall present a written report
to the Governor and the General Assembly that shall be
based on a study of the impact of Public Act 95-634 on the
business of soliciting, selling, and shipping wine from
inside and outside of this State directly to residents of
this State. As part of its report, the Commission shall
provide all of the following information:
(A) The amount of State excise and sales tax
revenues generated.
(B) The amount of licensing fees received.
(C) The number of cases of wine shipped from inside
and outside of this State directly to residents of this

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State.
(D) The number of alcohol compliance operations
conducted.
(E) The number of winery shipper's licenses
issued.
(F) The number of each of the following: reported
violations; cease and desist notices issued by the
Commission; notices of violations issued by the
Commission and to the Department of Revenue; and
notices and complaints of violations to law
enforcement officials, including, without limitation,
the Illinois Attorney General and the U.S. Department
of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
(15) As a means to reduce the underage consumption of
alcoholic liquors, the Commission shall conduct alcohol
compliance operations to investigate whether businesses
that are soliciting, selling, and shipping wine from inside
or outside of this State directly to residents of this
State are licensed by this State or are selling or
attempting to sell wine to persons under 21 years of age in
violation of this Act.
(16) The Commission shall, in addition to notifying any
appropriate law enforcement agency, submit notices of
complaints or violations of Sections 6-29 and 6-29.1 by
persons who do not hold a winery shipper's license under
this Act to the Illinois Attorney General and to the U.S.

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Department of Treasury's Alcohol and Tobacco Tax and Trade
Bureau.
(17)(A) A person licensed to make wine under the laws
of another state who has a winery shipper's license under
this Act and annually produces less than 25,000 gallons of
wine or a person who has a first-class or second-class wine
manufacturer's license, a first-class or second-class
wine-maker's license, or a limited wine manufacturer's
license under this Act and annually produces less than
25,000 gallons of wine may make application to the
Commission for a self-distribution exemption to allow the
sale of not more than 5,000 gallons of the exemption
holder's wine to retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, such person shall state (1) the date it
was established; (2) its volume of production and sales for
each year since its establishment; (3) its efforts to
establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the
marketing of its wine; and (5) that it will comply with the
liquor and revenue laws of the United States, this State,
and any other state where it is licensed.
(C) The Commission shall approve the application for a
self-distribution exemption if such person: (1) is in
compliance with State revenue and liquor laws; (2) is not a
member of any affiliated group that produces more than

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25,000 gallons of wine per annum or produces any other
alcoholic liquor; (3) will not annually produce for sale
more than 25,000 gallons of wine; and (4) will not annually
sell more than 5,000 gallons of its wine to retail
licensees.
(D) A self-distribution exemption holder shall
annually certify to the Commission its production of wine
in the previous 12 months and its anticipated production
and sales for the next 12 months. The Commission may fine,
suspend, or revoke a self-distribution exemption after a
hearing if it finds that the exemption holder has made a
material misrepresentation in its application, violated a
revenue or liquor law of Illinois, exceeded production of
25,000 gallons of wine in any calendar year, or become part
of an affiliated group producing more than 25,000 gallons
of wine or any other alcoholic liquor.
(E) Except in hearings for violations of this Act or
Public Act 95-634 or a bona fide investigation by duly
sworn law enforcement officials, the Commission, or its
agents, the Commission shall maintain the production and
sales information of a self-distribution exemption holder
as confidential and shall not release such information to
any person.
(F) The Commission shall issue regulations governing
self-distribution exemptions consistent with this Section
and this Act.

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(G) Nothing in this subsection (17) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois distributor.
(H) It is the intent of this subsection (17) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system it is necessary to create an exception
for smaller makers of wine as their wines are frequently
adjusted in varietals, mixes, vintages, and taste to find
and create market niches sometimes too small for
distributor or importing distributor business strategies.
Limited self-distribution rights will afford and allow
smaller makers of wine access to the marketplace in order
to develop a customer base without impairing the integrity
of the 3-tier system.
(18)(A) A class 1 brewer licensee, who must also be
either a licensed brewer or licensed non-resident dealer
and annually manufacture less than 930,000 gallons of beer,
may make application to the State Commission for a
self-distribution exemption to allow the sale of not more
than 232,500 gallons of the exemption holder's beer to
retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 brewer licensee shall state
(1) the date it was established; (2) its volume of beer

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manufactured and sold for each year since its
establishment; (3) its efforts to establish distributor
relationships; (4) that a self-distribution exemption is
necessary to facilitate the marketing of its beer; and (5)
that it will comply with the alcoholic beverage and revenue
laws of the United States, this State, and any other state
where it is licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to action
by the State Commission. The State Commission shall approve
the application for a self-distribution exemption if the
class 1 brewer licensee: (1) is in compliance with the
State, revenue, and alcoholic beverage laws; (2) is not a
member of any affiliated group that manufactures more than
930,000 gallons of beer per annum or produces any other
alcoholic beverages; (3) shall not annually manufacture
for sale more than 930,000 gallons of beer; (4) shall not
annually sell more than 232,500 gallons of its beer to
retail licensees; and (5) has relinquished any brew pub
license held by the licensee, including any ownership
interest it held in the licensed brew pub.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture of
beer during the previous 12 months and its anticipated
manufacture and sales of beer for the next 12 months. The
State Commission may fine, suspend, or revoke a

HB4297 - 23 - LRB100 16754 RLC 31894 b
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 930,000 gallons of beer in any calendar year
or became part of an affiliated group manufacturing more
than 930,000 gallons of beer or any other alcoholic
beverage.
(E) The State Commission shall issue rules and
regulations governing self-distribution exemptions
consistent with this Act.
(F) Nothing in this paragraph (18) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
If a self-distribution exemption holder enters into a
distribution agreement and has assigned distribution
rights to an importing distributor or distributor, then the
self-distribution exemption holder's distribution rights
in the assigned territories shall cease in a reasonable
time not to exceed 60 days.
(G) It is the intent of this paragraph (18) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an exception
for smaller manufacturers in order to afford and allow such

HB4297 - 24 - LRB100 16754 RLC 31894 b
smaller manufacturers of beer access to the marketplace in
order to develop a customer base without impairing the
integrity of the 3-tier system.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General
Assembly that shall be based on a study of the impact of Public
Act 90-739 on the business of soliciting, selling, and shipping
alcoholic liquor from outside of this State directly to
residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax revenues
generated as a result of Public Act 90-739;
(ii) the amount of licensing fees received as a result
of Public Act 90-739;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department of
Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
100-134, eff. 8-18-17; 100-201, eff. 8-18-17.)
(235 ILCS 5/6-16.1)
Sec. 6-16.1. Enforcement actions.
(a) A licensee or an officer, associate, member,

HB4297 - 25 - LRB100 16754 RLC 31894 b
representative, agent, or employee of a licensee may sell,
give, or deliver alcoholic liquor to a person under the age of
21 years or authorize the sale, gift, or delivery of alcoholic
liquor to a person under the age of 21 years pursuant to a plan
or action to investigate, patrol, or otherwise conduct a "sting
operation" or enforcement action against a person employed by
the licensee or on any licensed premises if the licensee or
officer, associate, member, representative, agent, or employee
of the licensee provides written notice, at least 14 days
before the "sting operation" or enforcement action, unless
governing body of the municipality or county having
jurisdiction sets a shorter period by ordinance, to the law
enforcement agency having jurisdiction, the local liquor
control commissioner, or both. Notice provided under this
Section shall be valid for a "sting operation" or enforcement
action conducted within 60 days of the provision of that
notice, unless the governing body of the municipality or county
having jurisdiction sets a shorter period by ordinance.
(b) A local liquor control commission or unit of local
government that conducts alcohol and tobacco compliance
operations shall establish a policy and standards for alcohol
and tobacco compliance operations to investigate whether a
licensee is furnishing (1) alcoholic liquor to persons under 21
years of age in violation of this Act or (2) tobacco to persons
in violation of the Prevention of Tobacco Use by Persons under
21 Years of Age Minors and Sale and Distribution of Tobacco

HB4297 - 26 - LRB100 16754 RLC 31894 b
Products Act.
(c) The Illinois Law Enforcement Training Standards Board
shall develop a model policy and guidelines for the operation
of alcohol and tobacco compliance checks by local law
enforcement officers. The Illinois Law Enforcement Training
Standards Board shall also require the supervising officers of
such compliance checks to have met a minimum training standard
as determined by the Board. The Board shall have the right to
waive any training based on current written policies and
procedures for alcohol and tobacco compliance check operations
and in-service training already administered by the local law
enforcement agency, department, or office.
(d) The provisions of subsections (b) and (c) do not apply
to a home rule unit with more than 2,000,000 inhabitants.
(e) A home rule unit, other than a home rule unit with more
than 2,000,000 inhabitants, may not regulate enforcement
actions in a manner inconsistent with the regulation of
enforcement actions under this Section. This subsection (e) is
a limitation under subsection (i) of Section 6 of Article VII
of the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A licensee who is the subject of an enforcement action
or "sting operation" under this Section and is found, pursuant
to the enforcement action, to be in compliance with this Act
shall be notified by the enforcement agency action that no
violation was found within 30 days after the finding.

HB4297 - 27 - LRB100 16754 RLC 31894 b
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
96-1000, eff. 7-2-10.)
Section 20. The Juvenile Court Act of 1987 is amended by
changing Sections 5-615 and 5-710 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony:
(a) upon an admission or stipulation by the appropriate
respondent or minor respondent of the facts supporting the
petition and before the court makes a finding of
delinquency, and in the absence of objection made in open
court by the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or the State's Attorney; or
(b) upon a finding of delinquency and after considering
the circumstances of the offense and the history,
character, and condition of the minor, if the court is of
the opinion that:
(i) the minor is not likely to commit further
crimes;
(ii) the minor and the public would be best served
if the minor were not to receive a criminal record; and
(iii) in the best interests of justice an order of

HB4297 - 28 - LRB100 16754 RLC 31894 b
continuance under supervision is more appropriate than
a sentence otherwise permitted under this Act.
(2) (Blank).
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period of
continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any time
if warranted by the conduct of the minor and the ends of
justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical Psychologist
Licensing Act, or the Clinical Social Work and Social Work

HB4297 - 29 - LRB100 16754 RLC 31894 b
Practice Act, or an entity licensed by the Department of
Human Services as a successor to the Department of
Alcoholism and Substance Abuse, for the provision of drug
addiction and alcoholism treatment;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or her at
his or her home or elsewhere;
(j) reside with his or her parents or in a foster home;
(k) attend school;
(k-5) with the consent of the superintendent of the
facility, attend an educational program at a facility other
than the school in which the offense was committed if he or
she committed a crime of violence as defined in Section 2
of the Crime Victims Compensation Act in a school, on the
real property comprising a school, or within 1,000 feet of
the real property comprising a school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or in
a foster home;
(n) perform some reasonable public or community
service;

HB4297 - 30 - LRB100 16754 RLC 31894 b
(o) make restitution to the victim, in the same manner
and under the same conditions as provided in subsection (4)
of Section 5-710, except that the "sentencing hearing"
referred to in that Section shall be the adjudicatory
hearing for purposes of this Section;
(p) comply with curfew requirements as designated by
the court;
(q) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed from
his or her body;
(s) refrain from having in his or her body the presence
of any illicit drug prohibited by the Cannabis Control Act,
the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or

HB4297 - 31 - LRB100 16754 RLC 31894 b
(t) comply with any other conditions as may be ordered
by the court.
(6) A minor whose case is continued under supervision under
subsection (5) shall be given a certificate setting forth the
conditions imposed by the court. Those conditions may be
reduced, enlarged, or modified by the court on motion of the
probation officer or on its own motion, or that of the State's
Attorney, or, at the request of the minor after notice and
hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court shall
conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings, adjudication, and disposition or adjudication and
disposition. The filing of a petition for violation of a
condition of the continuance under supervision shall toll the
period of continuance under supervision until the final
determination of the charge, and the term of the continuance
under supervision shall not run until the hearing and
disposition of the petition for violation; provided where the
petition alleges conduct that does not constitute a criminal
offense, the hearing must be held within 30 days of the filing
of the petition unless a delay shall continue the tolling of
the period of continuance under supervision for the period of
the delay.
(8) When a hearing in which a minor is alleged to be a

HB4297 - 32 - LRB100 16754 RLC 31894 b
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to perform community service for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need not
be limited to, the cleanup and repair of the damage that was
caused by the alleged violation or similar damage to property
located in the municipality or county in which the alleged
violation occurred. The condition may be in addition to any
other condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section 3.02
or Section 3.03 of the Humane Care for Animals Act or paragraph
(d) of subsection (1) of Section 21-1 of the Criminal Code of
1961 or paragraph (4) of subsection (a) of Section 21-1 or the
Criminal Code of 2012 is continued under this Section, the
court shall, as a condition of the continuance under
supervision, require the minor to undergo medical or
psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense

HB4297 - 33 - LRB100 16754 RLC 31894 b
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 or paragraph (2) of subsection
(c) of Section 12-2 of the Criminal Code of 1961 or the
Criminal Code of 2012, a violation of any Section of Article 24
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
violation of any statute that involved the unlawful use of a
firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 hours, provided that
community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include, but
need not be limited to, the cleanup and repair of any damage
caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damage to property located in the municipality or county in
which the alleged violation occurred. When possible and
reasonable, the community service shall be performed in the
minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.

HB4297 - 34 - LRB100 16754 RLC 31894 b
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $50
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser amount.
The court may not impose the fee on a minor who is placed in the
guardianship or custody of the Department of Children and
Family Services under this Act while the minor is in placement.
The fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department. A
court may order the parent, guardian, or legal custodian of the
minor to pay some or all of the fee on the minor's behalf.
(11) (Blank). If a minor is placed on supervision for a
violation of subsection (a-7) of Section 1 of the Prevention of
Tobacco Use by Minors Act, 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 as defined in
that Act 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 of that Act. In addition to any
other penalty that the court may impose for a violation of
subsection (a-7) of Section 1 of that Act, the court, upon
request by the State's Attorney, may in its discretion require

HB4297 - 35 - LRB100 16754 RLC 31894 b
the offender to remit a fee for his or her attendance at a
smoker's education or youth diversion program.
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.
In addition to any other penalty that the court may impose
under this subsection (11):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 100-159, eff. 8-18-17.)

HB4297 - 36 - LRB100 16754 RLC 31894 b
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may
be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after the effective date of this
amendatory Act of the 98th General Assembly and before
January 1, 2017, placed in the guardianship of the
Department of Children and Family Services, but only if

HB4297 - 37 - LRB100 16754 RLC 31894 b
the delinquent minor is under 16 years of age or,
pursuant to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. On and after January 1, 2017, placed in the
guardianship of the Department of Children and Family
Services, but only if the delinquent minor is under 15
years of age or, pursuant to Article II of this Act, a
minor for whom an independent basis of abuse, neglect,
or dependency exists. An independent basis exists when
the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections

HB4297 - 38 - LRB100 16754 RLC 31894 b
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts. The
limitation that the minor shall only be placed in a
juvenile detention home does not apply as follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;
(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;

HB4297 - 39 - LRB100 16754 RLC 31894 b
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile

HB4297 - 40 - LRB100 16754 RLC 31894 b
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits the
minor is entitled to under Section 5-4.5-100 of the Unified
Code of Corrections. The time during which a minor is in
custody before being released upon the request of a parent,
guardian or legal custodian shall also be considered as
time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in
a substance abuse program approved by the Department of
Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in

HB4297 - 41 - LRB100 16754 RLC 31894 b
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a

HB4297 - 42 - LRB100 16754 RLC 31894 b
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Article V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not be
illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a residence),
21-1 (criminal damage to property), 21-1.01 (criminal damage to
government supported property), 21-1.3 (criminal defacement of
property), 26-1 (disorderly conduct), or 31-4 (obstructing
justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or

HB4297 - 43 - LRB100 16754 RLC 31894 b
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,

HB4297 - 44 - LRB100 16754 RLC 31894 b
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV

HB4297 - 45 - LRB100 16754 RLC 31894 b
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961
or the Criminal Code of 2012, a violation of any Section of
Article 24 of the Criminal Code of 1961 or the Criminal Code of
2012, or a violation of any statute that involved the wrongful
use of a firearm. If the court determines the question in the
affirmative, and the court does not commit the minor to the
Department of Juvenile Justice, the court shall order the minor
to perform community service for not less than 30 hours nor
more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal
Code of 2012 and similar damage to property located in the

HB4297 - 46 - LRB100 16754 RLC 31894 b
municipality or county in which the violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section except
for an order to place the minor in the custody of the
Department of Juvenile Justice. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving

HB4297 - 47 - LRB100 16754 RLC 31894 b
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) (Blank). If a minor is found to be guilty of a
violation of subsection (a-7) of Section 1 of the Prevention of
Tobacco Use by Minors Act, 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 as defined in
that Act 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 of that Act. In addition to any
other penalty that the court may impose for a violation of
subsection (a-7) of Section 1 of that Act, 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.
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.

HB4297 - 48 - LRB100 16754 RLC 31894 b
In addition to any other penalty that the court may impose
under this subsection (12):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
Section 25. The Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act is amended by
changing the title of the Act and Sections 0.01, 1, and 2 as
follows:
(720 ILCS 675/Act title)

HB4297 - 49 - LRB100 16754 RLC 31894 b
An Act to prohibit persons under 21 years of age minors
from buying or , selling, or possessing tobacco in any of its
forms, to prohibit selling, giving or furnishing tobacco, in
any of its forms, to persons under 21 years of age minors, and
to prohibit the distribution of tobacco samples and providing
penalties therefor.
(720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
Sec. 0.01. Short title. This Act may be cited as the
Prevention of Tobacco Use by Persons under 21 years of Age
Minors and Sale and Distribution of Tobacco Products Act.
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
96-1000, eff. 7-2-10.)
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale to and possession of tobacco
products, electronic cigarettes, and alternative nicotine
products to persons under 21 years of age by minors;
prohibition on the distribution of tobacco product samples,
electronic cigarette samples, and alternative nicotine product
samples to any person; use of identification cards; vending
machines; lunch wagons; out-of-package sales.
(a) No person minor under 21 18 years of age shall buy any
tobacco product, electronic cigarette, or alternative nicotine
product. No person shall sell, buy for, distribute samples of
or furnish any tobacco product, electronic cigarette, or any

HB4297 - 50 - LRB100 16754 RLC 31894 b
alternative nicotine product to any person minor under 21 18
years of age.
(a-5) No person minor under 16 years of age may sell any
tobacco product, electronic cigarette, or alternative nicotine
product at a retail establishment selling tobacco products,
electronic cigarettes, or alternative nicotine products. This
subsection does not apply to a sales clerk in a family-owned
business which can prove that the sales clerk is in fact a son
or daughter of the owner.
(a-5.1) Before selling, offering for sale, giving, or
furnishing a tobacco product, electronic cigarette, or
alternative nicotine product to another person, the person
selling, offering for sale, giving, or furnishing the tobacco
product, electronic cigarette, or alternative nicotine product
shall verify that the person is at least 21 years of age by:
(1) examining from any person that appears to be under
30 years of age a government-issued photographic
identification that establishes the person to be 21 years
of age or older; or
(2) for sales of tobacco products, electronic
cigarettes, or alternative nicotine products made through
the Internet or other remote sales methods, performing an
age verification through an independent, third party age
verification service that compares information available
from public records to the personal information entered by
the person during the ordering process that establishes the

HB4297 - 51 - LRB100 16754 RLC 31894 b
person is 21 years of age or older.
(a-6) No person minor under 21 18 years of age in the
furtherance or facilitation of obtaining any tobacco product,
electronic cigarette, or alternative nicotine product shall
display or use a false or forged identification card or
transfer, alter, or deface an identification card.
(a-7) (Blank). No minor under 18 years of age shall
possess any cigar, cigarette, smokeless tobacco, or tobacco in
any of its forms.
(a-8) A person shall not distribute without charge samples
of any tobacco product, electronic cigarette, or alternative
nicotine product to any other person, regardless of age:
(1) within a retail establishment selling tobacco
products, electronic cigarettes, or alternative nicotine
products unless the retailer has verified the purchaser's
age with a government issued identification;
(2) from a lunch wagon; or
(3) on a public way as a promotion or advertisement of
a tobacco manufacturer, or tobacco product, electronic
cigarette, or alternative nicotine product.
This subsection (a-8) does not apply to the distribution of
a tobacco product, electronic cigarette, or alternative
nicotine product sample in any adult-only facility.
(a-9) For the purpose of this Section:
"Adult-only facility" means a facility or restricted
area (whether open-air or enclosed) where the operator

HB4297 - 52 - LRB100 16754 RLC 31894 b
ensures or has a reasonable basis to believe (such as by
checking identification as required under State law, or by
checking the identification of any person appearing to be
under the age of 30 27) that no person under legal age is
present. A facility or restricted area need not be
permanently restricted to persons under 21 years of legal
age to constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that
no person under 21 years of legal age is present during the
event or time period in question.
"Alternative nicotine product" means a product or
device not consisting of or containing tobacco that
provides for the ingestion into the body of nicotine,
whether by chewing, smoking, absorbing, dissolving,
inhaling, snorting, sniffing, or by any other means.
"Alternative nicotine product" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax Act
and tobacco products as defined in Section 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and
electronic cigarette as defined in this Section; or any
product approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that
approved purpose.
"Electronic cigarette" means:

HB4297 - 53 - LRB100 16754 RLC 31894 b
(1) any device that employs a battery or other
mechanism to heat a solution or substance to produce a
vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or
substance intended to be used with or in the device or to
refill the device; or
(3) any solution or substance, whether or not it
contains nicotine intended for use in the device.
"Electronic cigarette" includes, but is not limited to, any
electronic nicotine delivery system, electronic cigar,
electronic cigarillo, electronic pipe, electronic hookah,
vape pen, or similar product or device, and any components
or parts that can be used to build the product or device.
"Electronic cigarette" does not include: cigarettes as
defined in Section 1 of the Cigarette Tax Act and tobacco
products as defined in Section 10-5 of the Tobacco Products
Tax Act of 1995; tobacco product and alternative nicotine
product as defined in this Section; any product approved by
the United States Food and Drug Administration for sale as
a tobacco cessation product, as a tobacco dependence
product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose; any
asthma inhaler prescribed by a physician for that condition
and is being marketed and sold solely for that approved
purpose; or any therapeutic product approved for use under
the Compassionate Use of Medical Cannabis Pilot Program

HB4297 - 54 - LRB100 16754 RLC 31894 b
Act.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold
to the general public.
"Nicotine" means any form of the chemical nicotine,
including any salt or complex, regardless of whether the
chemical is naturally or synthetically derived.
"Smokeless tobacco" means any tobacco products that
are suitable for dipping or chewing.
"Tobacco product" means any product containing or made
from tobacco that is intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to, cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
other smokeless tobacco product which contains tobacco
that is finely cut, ground, powdered, or leaf and intended
to be placed in the oral cavity. "Tobacco product" includes
any component, part, or accessory of a tobacco product,
whether or not sold separately. "Tobacco product" does not
include: an electronic cigarette and alternative nicotine
product as defined in this Section; or any product that has
been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that

HB4297 - 55 - LRB100 16754 RLC 31894 b
approved purpose means any cigar, cigarette, smokeless
tobacco, or tobacco in any of its forms.
(b) Tobacco products, electronic cigarettes, and
alternative nicotine products listed in this Section may be
sold through a vending machine only if such tobacco products,
electronic cigarettes, and alternative nicotine products are
not placed together with any non-tobacco product, other than
matches, in the vending machine and the vending machine is in
any of the following locations:
(1) (Blank).
(2) Places to which persons minors under 21 18 years of
age are not permitted access at any time.
(3) Places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is
under the direct supervision of the owner or manager.
(4) (Blank).
(5) (Blank). Places where the vending machine can only
be operated by the owner or an employee over age 18 either
directly or through a remote control device if the device
is inaccessible to all customers.
(c) (Blank).
(d) The sale or distribution by any person of a tobacco
product as defined in this Section, including but not limited
to a single or loose cigarette, that is not contained within a
sealed container, pack, or package as provided by the
manufacturer, which container, pack, or package bears the

HB4297 - 56 - LRB100 16754 RLC 31894 b
health warning required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 21
18 years of age to purchase or possess a tobacco product,
electronic cigarette, or alternative nicotine product cigar,
cigarette, smokeless tobacco or tobacco in any of its forms if
the person under the age of 21 18 purchases or is given the
cigar, cigarette, smokeless tobacco or tobacco product,
electronic cigarette, or alternative nicotine product in any of
its forms from a retail seller of tobacco products, electronic
cigarettes, or alternative nicotine products or an employee of
the retail seller pursuant to a plan or action to investigate,
patrol, or otherwise conduct a "sting operation" or enforcement
action against a retail seller of tobacco products, electronic
cigarettes, or alternative nicotine products or a person
employed by the retail seller of tobacco products, electronic
cigarettes, or alternative nicotine products or on any premises
authorized to sell tobacco products, electronic cigarettes, or
alternative nicotine products to determine if tobacco
products, electronic cigarettes, or alternative nicotine
products are being sold or given to persons under 21 18 years
of age if the "sting operation" or enforcement action is
approved by, conducted by, or conducted on behalf of the
Department of State Police, the county sheriff, a municipal
police department, the Department of Revenue, the Department of
Public Health, or a local health department. The results of any
sting operation or enforcement action, including the name of

HB4297 - 57 - LRB100 16754 RLC 31894 b
the clerk, shall be provided to the retail seller within 7
business days.
(Source: P.A. 98-1055, eff. 1-1-16.)
(720 ILCS 675/2) (from Ch. 23, par. 2358)
Sec. 2. Penalties.
(a) Any person who violates subsection (a), or (a-5),
(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
(c) of 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 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.

HB4297 - 58 - LRB100 16754 RLC 31894 b
(a-5) Any retailer who violates subsection (a), or (a-5),
(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
(c) of Section 1.5 of this Act is guilty of a petty offense.
For the first offense in a 24-month period, 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 in a 24-month period, 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 within a 24-month period, 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
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 21 18 years of age or older shall
be eligible to purchase cigarettes or tobacco products,

HB4297 - 59 - LRB100 16754 RLC 31894 b
electronic cigarettes, or alternative nicotine products and
(ii) it must explain where a clerk can check identification for
a date of birth. The training may be conducted electronically.
Each retailer that has a training program shall require each
employee who completes the training program to sign a form
attesting that the employee has received and completed tobacco
training. The form shall be kept in the employee's file and may
be used to provide proof of training.
(Blank). (b) If a minor violates subsection (a-7) of
Section 1 or subsection (d) of Section 1.5, 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.
(Blank). (c) A second violation by a minor of subsection
(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
within 12 months after the first violation is punishable by a
fine of $75 and 50 hours of community service.
(Blank). (d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 or subsection (d) of Section 1.5
that occurs within 12 months after the first violation is
punishable by a $200 fine and 50 hours of community service.
(Blank). (e) Any second or subsequent violation not within
the 12-month time period after the first violation is
punishable as provided for a first violation.
(Blank). (f) If a minor is convicted of or placed on

HB4297 - 60 - LRB100 16754 RLC 31894 b
supervision for a violation of subsection (a-6) or (a-7) of
Section 1 or subsection (d) of Section 1.5, 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 or subsection (d) of Section 1.5, 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.
(Blank). (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 alternative nicotine products and the health
consequences of smoking tobacco products and alternative
nicotine products that can be conducted with a locality's youth
diversion program.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
(a-7) of Section 1 and subsection (b), (c), or (d) of Section

HB4297 - 61 - LRB100 16754 RLC 31894 b
1.5 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
subsection (b) or (c) of Section 1.5 shall be reported to the
Department of Revenue within 7 business days.
(Source: P.A. 99-192, eff. 1-1-16; 99-496, eff. 6-1-16;
100-201, eff. 8-18-17.)
(720 ILCS 675/1.5 rep.)
Section 30. The Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act is amended by
repealing Section 1.5.
Section 35. The Display of Tobacco Products Act is amended
by changing Sections 5, 10, and 15 as follows:
(720 ILCS 677/5)
Sec. 5. Definitions. In this Act:
"Electronic cigarette" "Alternative nicotine product" has
the meaning ascribed to it in Section 1 1.5 of the Prevention
of Tobacco Use by Persons under 21 Years of Age Minors and Sale
and Distribution of Tobacco Products Act.

HB4297 - 62 - LRB100 16754 RLC 31894 b
"Alternative nicotine product" has the meaning ascribed to
it in Section 1 of the Prevention of Tobacco Use by Persons
under 21 Years of Age and Sale and Distribution of Tobacco
Products Act.
"Line of sight" means visible to a cashier or other
employee.
"Age restricted area" means a signed designated area in a
retail establishment to which persons minors under 21 18 years
of age are not permitted access unless accompanied by a parent
or legal guardian.
(Source: P.A. 98-983, eff. 1-1-15.)
(720 ILCS 677/10)
Sec. 10. Tobacco product displays. All single packs of
cigarettes, and electronic cigarettes, and alternative
nicotine products must be sold from behind the counter or in an
age restricted area or in a sealed display case. Any other
tobacco products must be sold in line of sight.
The restrictions described in this Section do not apply to
a retail tobacco store that (i) derives at least 90% of its
revenue from tobacco and tobacco related products; (ii) does
not permit persons under the age of 21 18 to enter the premises
unless accompanied by a parent or legal guardian; and (iii)
posts a sign on the main entrance way stating that persons
under the age of 21 18 are prohibited from entering unless
accompanied by a parent or legal guardian.

HB4297 - 63 - LRB100 16754 RLC 31894 b
(Source: P.A. 98-983, eff. 1-1-15.)
(720 ILCS 677/15)
Sec. 15. Vending machines. This Act does not prohibit the
sale of tobacco products, electronic cigarettes, or
alternative nicotine products from vending machines if the
location of the vending machines are in compliance with the
provisions of Section 1 of the Prevention of Tobacco Use by
Persons under 21 Years of Age Minors and Sale and Distribution
of Tobacco Products Act.
(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
96-1000, eff. 7-2-10.)
Section 40. The Prevention of Cigarette Sales to Minors Act
is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
(720 ILCS 678/1)
Sec. 1. Short title. This Act may be cited as the
Prevention of Cigarette Sales to Persons Under 21 Years of Age
Minors Act.
(Source: P.A. 93-960, eff. 8-20-04.)
(720 ILCS 678/5)
Sec. 5. Unlawful shipment or transportation of cigarettes.
(a) It is unlawful for any person engaged in the business
of selling cigarettes to ship or cause to be shipped any

HB4297 - 64 - LRB100 16754 RLC 31894 b
cigarettes unless the person shipping the cigarettes:
(1) is licensed as a distributor under either the
Cigarette Tax Act, or the Cigarette Use Tax Act; or
delivers the cigarettes to a distributor licensed under
either the Cigarette Tax Act or the Cigarette Use Tax Act;
or
(2) ships them to an export warehouse proprietor
pursuant to Chapter 52 of the Internal Revenue Code, or an
operator of a customs bonded warehouse pursuant to Section
1311 or 1555 of Title 19 of the United States Code.
For purposes of this subsection (a), a person is a licensed
distributor if the person's name appears on a list of licensed
distributors published by the Illinois Department of Revenue.
The term cigarette has the same meaning as defined in Section 1
of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
Act. Nothing in this Act prohibits a person licensed as a
distributor under the Cigarette Tax Act or the Cigarette Use
Tax Act from shipping or causing to be shipped any cigarettes
to a registered retailer under the Retailers' Occupation Tax
Act provided the cigarette tax or cigarette use tax has been
paid.
(b) A common or contract carrier may transport cigarettes
to any individual person in this State only if the carrier
reasonably believes such cigarettes have been received from a
person described in paragraph (a)(1). Common or contract
carriers may make deliveries of cigarettes to licensed

HB4297 - 65 - LRB100 16754 RLC 31894 b
distributors described in paragraph (a)(1) of this Section.
Nothing in this subsection (b) shall be construed to prohibit a
person other than a common or contract carrier from
transporting not more than 1,000 cigarettes at any one time to
any person in this State.
(c) A common or contract carrier may not complete the
delivery of any cigarettes to persons other than those
described in paragraph (a)(1) of this Section without first
obtaining from the purchaser an official written
identification from any state or federal agency that displays
the person's date of birth or a birth certificate that includes
a reliable confirmation that the purchaser is at least 21 18
years of age; that the cigarettes purchased are not intended
for consumption by an individual who is younger than 21 18
years of age; and a written statement signed by the purchaser
that certifies the purchaser's address and that the purchaser
is at least 21 18 years of age. The statement shall also
confirm: (1) that the purchaser understands that signing
another person's name to the certification is illegal; (2) that
the sale of cigarettes to individuals under 21 18 years of age
is illegal; and (3) that the purchase of cigarettes by
individuals under 21 18 years of age is illegal under the laws
of Illinois.
(d) When a person engaged in the business of selling
cigarettes ships or causes to be shipped any cigarettes to any
person in this State, other than in the cigarette

HB4297 - 66 - LRB100 16754 RLC 31894 b
manufacturer's or tobacco products manufacturer's original
container or wrapping, the container or wrapping must be
plainly and visibly marked with the word "cigarettes".
(e) When a peace officer of this State or any duly
authorized officer or employee of the Illinois Department of
Public Health or Department of Revenue discovers any cigarettes
which have been or which are being shipped or transported in
violation of this Section, he or she shall seize and take
possession of the cigarettes, and the cigarettes shall be
subject to a forfeiture action pursuant to the procedures
provided under the Cigarette Tax Act or Cigarette Use Tax Act.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
(720 ILCS 678/6)
Sec. 6. Prevention of delivery sales to persons under 21
years of age minors.
(a) No person shall make a delivery sale of cigarettes to
any individual who is under 21 18 years of age.
(b) Each person accepting a purchase order for a delivery
sale shall comply with the provisions of this Act and all other
laws of this State generally applicable to sales of cigarettes
that occur entirely within this State.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
(720 ILCS 678/7)
Sec. 7. Age verification and shipping requirements to

HB4297 - 67 - LRB100 16754 RLC 31894 b
prevent delivery sales to persons under 21 of age minors.
(a) No person, other than a delivery service, shall mail,
ship, or otherwise cause to be delivered a shipping package in
connection with a delivery sale unless the person:
(1) prior to the first delivery sale to the prospective
consumer, obtains from the prospective consumer a written
certification which includes a statement signed by the
prospective consumer that certifies:
(A) the prospective consumer's current address;
and
(B) that the prospective consumer is at least the
legal minimum age;
(2) informs, in writing, such prospective consumer
that:
(A) the signing of another person's name to the
certification described in this Section is illegal;
(B) sales of cigarettes to individuals under 21 18
years of age are illegal;
(C) the purchase of cigarettes by individuals
under 21 18 years of age is illegal; and
(D) the name and identity of the prospective
consumer may be reported to the state of the consumer's
current address under the Act of October 19, 1949 (15
U.S.C. § 375, et seq.), commonly known as the Jenkins
Act;
(3) makes a good faith effort to verify the date of

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birth of the prospective consumer provided pursuant to this
Section by:
(A) comparing the date of birth against a
commercially available database; or
(B) obtaining a photocopy or other image of a
valid, government-issued identification stating the
date of birth or age of the prospective consumer;
(4) provides to the prospective consumer a notice that
meets the requirements of subsection (b);
(5) receives payment for the delivery sale from the
prospective consumer by a credit or debit card that has
been issued in such consumer's name, or by a check or other
written instrument in such consumer's name; and
(6) ensures that the shipping package is delivered to
the same address as is shown on the government-issued
identification or contained in the commercially available
database.
(b) The notice required under this Section shall include:
(1) a statement that cigarette sales to consumers below
21 18 years of age are illegal;
(2) a statement that sales of cigarettes are restricted
to those consumers who provide verifiable proof of age in
accordance with subsection (a);
(3) a statement that cigarette sales are subject to tax
under Section 2 of the Cigarette Tax Act (35 ILCS 130/2),
Section 2 of the Cigarette Use Tax Act, and Section 3 of

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the Use Tax Act and an explanation of how the correct tax
has been, or is to be, paid with respect to such delivery
sale.
(c) A statement meets the requirement of this Section if:
(1) the statement is clear and conspicuous;
(2) the statement is contained in a printed box set
apart from the other contents of the communication;
(3) the statement is printed in bold, capital letters;
(4) the statement is printed with a degree of color
contrast between the background and the printed statement
that is no less than the color contrast between the
background and the largest text used in the communication;
and
(5) for any printed material delivered by electronic
means, the statement appears at both the top and the bottom
of the electronic mail message or both the top and the
bottom of the Internet website homepage.
(d) Each person, other than a delivery service, who mails,
ships, or otherwise causes to be delivered a shipping package
in connection with a delivery sale shall:
(1) include as part of the shipping documents a clear
and conspicuous statement stating: "Cigarettes: Illinois
Law Prohibits Shipping to Individuals Under 21 18 and
Requires the Payment of All Applicable Taxes";
(2) use a method of mailing, shipping, or delivery that
requires a signature before the shipping package is

HB4297 - 70 - LRB100 16754 RLC 31894 b
released to the consumer; and
(3) ensure that the shipping package is not delivered
to any post office box.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
(720 ILCS 678/8)
Sec. 8. Registration and reporting requirements to prevent
delivery sales to persons under 21 years of age minors.
(a) Not later than the 15th day of each month, each person
making a delivery sale during the previous calendar month shall
file a report with the Department containing the following
information:
(1) the seller's name, trade name, and the address of
such person's principal place of business and any other
place of business;
(2) the name and address of the consumer to whom such
delivery sale was made;
(3) the brand style or brand styles of the cigarettes
that were sold in such delivery sale;
(4) the quantity of cigarettes that were sold in such
delivery sale;
(5) an indication of whether or not the cigarettes sold
in the delivery sale bore a tax stamp evidencing payment of
the tax under Section 2 of the Cigarette Tax Act (35 ILCS
130/2); and
(6) such other information the Department may require.

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(b) Each person engaged in business within this State who
makes an out-of-state sale shall, for each individual sale,
submit to the appropriate tax official of the state in which
the consumer is located the information required in subsection
(a).
(c) Any person that satisfies the requirements of 15 U.S.C.
Section 376 shall be deemed to satisfy the requirements of
subsections (a) and (b).
(d) The Department is authorized to disclose to the
Attorney General any information received under this title and
requested by the Attorney General. The Department and the
Attorney General shall share with each other the information
received under this title and may share the information with
other federal, State, or local agencies for purposes of
enforcement of this title or the laws of the federal government
or of other states.
(e) This Section shall not be construed to impose liability
upon any delivery service, or officers or employees thereof,
when acting within the scope of business of the delivery
service.
(f) The Department may establish procedures requiring
electronic transmission of the information required by this
Section directly to the Department on forms prescribed and
furnished by the Department.
(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)

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(720 ILCS 680/Act rep.)
Section 45. The Smokeless Tobacco Limitation Act is
repealed.
Section 50. The Tobacco Accessories and Smoking Herbs
Control Act is amended by changing Sections 2 and 4 as follows:
(720 ILCS 685/2) (from Ch. 23, par. 2358-2)
Sec. 2. Purpose. The sale and possession of marijuana,
hashish, cocaine, opium and their derivatives, is not only
prohibited by Illinois Law, but the use of these substances has
been deemed injurious to the health of the user.
It has further been determined by the Surgeon General of
the United States that the use of tobacco is hazardous to human
health.
The ready availability of smoking herbs to persons under 21
years of age minors could lead to the use of tobacco and
illegal drugs.
It is in the best interests of the citizens of the State of
Illinois to seek to prohibit the spread of illegal drugs,
tobacco or smoking materials to persons under 21 years of age
minors. The prohibition of the sale of tobacco and snuff
accessories and smoking herbs to persons under 21 years of age
minors would help to curb the usage of illegal drugs and
tobacco products, among our youth.
(Source: P.A. 82-487.)

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(720 ILCS 685/4) (from Ch. 23, par. 2358-4)
Sec. 4. Offenses.
(a) Sale to persons under 21 years of age minors. No person
shall knowingly sell, barter, exchange, deliver or give away or
cause or permit or procure to be sold, bartered, exchanged,
delivered, or given away tobacco accessories or smoking herbs
to any person under 21 18 years of age.
(a-5) Sale of bidi cigarettes. No person shall knowingly
sell, barter, exchange, deliver, or give away a bidi cigarette
to another person, nor shall a person cause or permit or
procure a bidi cigarette to be sold, bartered, exchanged,
delivered, or given away to another person.
(b) Sale of cigarette paper. No person shall knowingly
offer, sell, barter, exchange, deliver or give away cigarette
paper or cause, permit, or procure cigarette paper to be sold,
offered, bartered, exchanged, delivered, or given away except
from premises or an establishment where other tobacco products
are sold. For purposes of this Section, "tobacco products"
means cigarettes, cigars, smokeless tobacco, or tobacco in any
of its forms.
(b-5) Sale of flavored wrapping paper and wrapping leaf. A
person shall not knowingly sell, give away, barter, exchange,
or otherwise furnish to any person any wrapping paper or
wrapping leaf, however characterized, including, without
limitation, cigarette papers, blunt wraps, cigar wraps, or

HB4297 - 74 - LRB100 16754 RLC 31894 b
tubes of paper or leaf, or any similar device, for the purpose
of making a roll of tobacco or herbs for smoking, that is or is
held out to be, impregnated, scented, or imbibed with, or aged
or dipped in, a characterizing flavor, other than tobacco or
menthol, including, without limitation, alcoholic or liquor
flavor, or both, chocolate, fruit flavoring, vanilla, peanut
butter, jelly, or any combination of those flavors or similar
child attractive scent or flavor.
(c) Sale of cigarette paper from vending machines. No
person shall knowingly offer, sell, barter, exchange, deliver
or give away cigarette paper or cause, permit, or procure
cigarette paper to be sold, offered, bartered, exchanged,
delivered, or given away by use of a vending or coin-operated
machine or device. For purposes of this Section, "cigarette
paper" shall not include any paper that is incorporated into a
product to which a tax stamp must be affixed under the
Cigarette Tax Act or the Cigarette Use Tax Act.
(d) Use of identification cards. No person in the
furtherance or facilitation of obtaining smoking accessories
and smoking herbs shall display or use a false or forged
identification card or transfer, alter, or deface an
identification card.
(e) Warning to persons under 21 years of age minors. Any
person, firm, partnership, company or corporation operating a
place of business where tobacco accessories and smoking herbs
are sold or offered for sale shall post in a conspicuous place

HB4297 - 75 - LRB100 16754 RLC 31894 b
upon the premises a sign upon which there shall be imprinted
the following statement, "SALE OF TOBACCO ACCESSORIES AND
SMOKING HERBS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE
MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
BY LAW". The sign shall be printed on a white card in red
letters at least one-half inch in height.
(Source: P.A. 97-917, eff. 8-9-12.)