Bill Text: IL SB1756 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age. Provides that before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by: (1) examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age or (2) for sales made though 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 person is 18 years of age or older. Establishes penalties.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Passed) 2013-08-15 - Public Act . . . . . . . . . 98-0350 [SB1756 Detail]
Download: Illinois-2013-SB1756-Enrolled.html
Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age. Provides that before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by: (1) examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age or (2) for sales made though 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 person is 18 years of age or older. Establishes penalties.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Passed) 2013-08-15 - Public Act . . . . . . . . . 98-0350 [SB1756 Detail]
Download: Illinois-2013-SB1756-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Prevention of Tobacco Use by Minors and Sale | ||||||
5 | and Distribution of Tobacco Products Act is amended by changing | ||||||
6 | Section 2 and adding Section 1.5 as follows:
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7 | (720 ILCS 675/1.5 new) | ||||||
8 | Sec. 1.5. Distribution of alternative nicotine products to | ||||||
9 | persons under 18 years of age prohibited. | ||||||
10 | (a) For the purposes of this Section, "alternative nicotine | ||||||
11 | product" means a product or device not consisting of or | ||||||
12 | containing tobacco that provides for the ingestion into the | ||||||
13 | body of nicotine, whether by chewing, smoking, absorbing, | ||||||
14 | dissolving, inhaling, snorting, sniffing, or by any other | ||||||
15 | means. "Alternative nicotine product" excludes cigarettes, | ||||||
16 | smokeless tobacco, or other tobacco products as these terms are | ||||||
17 | defined in Section 1 of this Act and any product approved by | ||||||
18 | the United States Food and Drug Administration as a non-tobacco | ||||||
19 | product for sale as a tobacco cessation product, as a tobacco | ||||||
20 | dependence product, or for other medical purposes, and is being | ||||||
21 | marketed and sold solely for that approved purpose. | ||||||
22 | (b) A person, either directly or indirectly by an agent or | ||||||
23 | employee, or by a vending machine
owned by the person or |
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1 | located in the person's establishment, may not sell, offer for | ||||||
2 | sale, give,
or furnish any alternative nicotine product, or any | ||||||
3 | cartridge or component of an alternative nicotine product, to a | ||||||
4 | person under 18 years of age. | ||||||
5 | (c) Before selling, offering for sale, giving, or | ||||||
6 | furnishing an alternative nicotine product, or any cartridge
or | ||||||
7 | component of an alternative nicotine product, to another | ||||||
8 | person, the person selling, offering for sale, giving, or | ||||||
9 | furnishing the alternative nicotine product shall verify that | ||||||
10 | the
person is at least 18 years of age by: | ||||||
11 | (1) examining from any person that appears to
be under | ||||||
12 | 27 years of age a government-issued photographic | ||||||
13 | identification that establishes
the person is at least 18 | ||||||
14 | years of age or | ||||||
15 | (2) for sales made though the Internet or other
remote | ||||||
16 | sales methods, performing an age verification through an | ||||||
17 | independent, third-party
age verification service that | ||||||
18 | compares information available from public records to the
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19 | personal information entered by the person during the | ||||||
20 | ordering process that establishes
the person is 18 years of | ||||||
21 | age or older.
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22 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
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23 | Sec. 2. Penalties. | ||||||
24 | (a) Any person who violates subsection (a), (a-5), or (a-6) | ||||||
25 | of Section 1
or Section 1.5 of this Act is guilty of a
petty |
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1 | offense and
for the first offense
shall be fined $200, $400 for | ||||||
2 | the
second offense in a 12-month period, and
$600 for the third | ||||||
3 | or any
subsequent
offense in a 12-month period.
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4 | (b) If a minor violates subsection (a-7) of Section 1 he or | ||||||
5 | she is guilty of a petty offense and the court may
impose a | ||||||
6 | sentence of 15 hours of
community
service or a fine of $25 for | ||||||
7 | a first violation.
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8 | (c) A second violation by a minor of subsection (a-7) of | ||||||
9 | Section 1 that occurs
within 12 months after the first | ||||||
10 | violation is punishable by a fine of $50 and
25
hours of | ||||||
11 | community service.
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12 | (d) A third or subsequent violation by a minor of | ||||||
13 | subsection (a-7) of Section
1
that
occurs within 12 months | ||||||
14 | after the first violation is punishable by a $100
fine
and 30 | ||||||
15 | hours of community service.
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16 | (e) Any second or subsequent violation not within the | ||||||
17 | 12-month time period
after
the first violation is punishable as | ||||||
18 | provided for a first violation.
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19 | (f) If a minor is convicted of or placed on supervision for | ||||||
20 | a violation of
subsection (a-7) of Section 1, the court may, in | ||||||
21 | its discretion, and upon
recommendation by the State's | ||||||
22 | Attorney, order that minor and his or her parents
or legal
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23 | guardian to attend a smoker's education or youth diversion | ||||||
24 | program if that
program is available in the jurisdiction where | ||||||
25 | the offender resides.
Attendance at a smoker's education or | ||||||
26 | youth diversion program
shall be time-credited against any |
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1 | community service time imposed for any
first violation of | ||||||
2 | subsection (a-7) of Section 1. In addition to any other
penalty
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3 | that the court may impose for a violation of subsection (a-7) | ||||||
4 | of Section 1, the
court, upon request by the State's Attorney, | ||||||
5 | may in its discretion
require
the offender to remit a fee for | ||||||
6 | his or her attendance at a smoker's
education or
youth | ||||||
7 | diversion program.
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8 | (g) For purposes of this Section, "smoker's education
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9 | program"
or
"youth diversion program" includes, but is not | ||||||
10 | limited to, a seminar designed
to educate a person on the | ||||||
11 | physical and psychological effects of smoking
tobacco products | ||||||
12 | and the health consequences of smoking tobacco products
that | ||||||
13 | can be conducted with a locality's youth diversion program.
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14 | (h) All moneys collected as fines for violations of | ||||||
15 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | ||||||
16 | distributed in the following manner:
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17 | (1) one-half of each fine shall be distributed to the | ||||||
18 | unit of local
government or other entity that successfully | ||||||
19 | prosecuted the offender;
and
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20 | (2) one-half shall be remitted to the State to be used | ||||||
21 | for enforcing this
Act.
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22 | (Source: P.A. 96-179, eff. 8-10-09.)
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