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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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