Illinois-2015-SB3011-Introduced

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3011

Introduced 2/18/2016, by Sen. John G. Mulroe - Melinda Bush

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 680/Act title`
`720 ILCS 680/3`	`from Ch. 23, par. 2358-23`
`720 ILCS 680/4`	`from Ch. 23, par. 2358-24`

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 and electronic cigarettes 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 provisions concerning alternative nicotine products. Amends various other Acts to make conforming changes.

LRB099 17071 RLC 41429 b

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Cigarette Tax Act is amended by changing

5 Section 6 as follows:

6 (35 ILCS 130/6) (from Ch. 120, par. 453.6)

7 Sec. 6. Revocation, cancellation, or suspension of

8 license. The Department may, after notice and hearing as

9 provided for by this Act, revoke, cancel or suspend the license

10 of any distributor, secondary distributor, or retailer for the

11 violation of any provision of this Act, or for noncompliance

12 with any provision herein contained, or for any noncompliance

13 with any lawful rule or regulation promulgated by the

14 Department under Section 8 of this Act, or because the licensee

15 is determined to be ineligible for a distributor's license for

16 any one or more of the reasons provided for in Section 4 of

17 this Act, or because the licensee is determined to be

18 ineligible for a secondary distributor's license for any one or

19 more of the reasons provided for in Section 4c of this Act, or

20 because the licensee is determined to be ineligible for a

21 retailer's license for any one or more of the reasons provided

22 for in Section 4g of this Act. However, no such license shall

23 be revoked, cancelled or suspended, except after a hearing by

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1 the Department with notice to the distributor, secondary

2 distributor, or retailer, as aforesaid, and affording such

3 distributor, secondary distributor, or retailer a reasonable

4 opportunity to appear and defend, and any distributor,

5 secondary distributor, or retailer aggrieved by any decision of

6 the Department with respect thereto may have the determination

7 of the Department judicially reviewed, as herein provided.

8 The Department may revoke, cancel, or suspend the license

9 of any distributor for a violation of the Tobacco Product

10 Manufacturers' Escrow Enforcement Act as provided in Section 30

11 of that Act. The Department may revoke, cancel, or suspend the

12 license of any secondary distributor for a violation of

13 subsection (e) of Section 15 of the Tobacco Product

14 Manufacturers' Escrow Enforcement Act.

15 If the retailer has a training program that facilitates

16 compliance with minimum-age tobacco laws, the Department shall

17 suspend for 3 days the license of that retailer for a fourth or

18 subsequent violation of the Prevention of Tobacco Use by

19 Persons under 21 Years of Age ~~Minors~~ and Sale and Distribution

20 of Tobacco Products Act, as provided in subsection (a) of

21 Section 2 of that Act. For the purposes of this Section, any

22 violation of subsection (a) of Section 2 of the Prevention of

23 Tobacco Use by Persons under 21 Years of Age ~~Minors~~ and Sale

24 and Distribution of Tobacco Products Act occurring at the

25 retailer's licensed location during a 24-month period shall be

26 counted as a violation against the retailer.

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1 If the retailer does not have a training program that

2 facilitates compliance with minimum-age tobacco laws, the

3 Department shall suspend for 3 days the license of that

4 retailer for a second violation of the Prevention of Tobacco

5 Use by Persons under 21 Years of Age ~~Minors~~ and Sale and

6 Distribution of Tobacco Products Act, as provided in subsection

7 (a-5) of Section 2 of that Act.

8 If the retailer does not have a training program that

9 facilitates compliance with minimum-age tobacco laws, the

10 Department shall suspend for 7 days the license of that

11 retailer for a third violation of the Prevention of Tobacco Use

12 by Persons under 21 Years of Age ~~Minors~~ and Sale and

13 Distribution of Tobacco Products Act, as provided in subsection

14 (a-5) of Section 2 of that Act.

15 If the retailer does not have a training program that

16 facilitates compliance with minimum-age tobacco laws, the

17 Department shall suspend for 30 days the license of a retailer

18 for a fourth or subsequent violation of the Prevention of

19 Tobacco Use by Persons under 21 Years of Age ~~Minors~~ and Sale

20 and Distribution of Tobacco Products Act, as provided in

21 subsection (a-5) of Section 2 of that Act.

22 A training program that facilitates compliance with

23 minimum-age tobacco laws must include at least the following

24 elements: (i) it must explain that only individuals displaying

25 valid identification demonstrating that they are 21 ~~18~~ years of

26 age or older shall be eligible to purchase cigarettes or

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1 tobacco products and (ii) it must explain where a clerk can

2 check identification for a date of birth. The training may be

3 conducted electronically. Each retailer that has a training

4 program shall require each employee who completes the training

5 program to sign a form attesting that the employee has received

6 and completed tobacco training. The form shall be kept in the

7 employee's file and may be used to provide proof of training.

8 Any distributor, secondary distributor, or retailer

9 aggrieved by any decision of the Department under this Section

10 may, within 20 days after notice of the decision, protest and

11 request a hearing. Upon receiving a request for a hearing, the

12 Department shall give notice in writing to the distributor,

13 secondary distributor, or retailer requesting the hearing that

14 contains a statement of the charges preferred against the

15 distributor, secondary distributor, or retailer and that

16 states the time and place fixed for the hearing. The Department

17 shall hold the hearing in conformity with the provisions of

18 this Act and then issue its final administrative decision in

19 the matter to the distributor, secondary distributor, or

20 retailer. In the absence of a protest and request for a hearing

21 within 20 days, the Department's decision shall become final

22 without any further determination being made or notice given.

23 No license so revoked, as aforesaid, shall be reissued to

24 any such distributor, secondary distributor, or retailer

25 within a period of 6 months after the date of the final

26 determination of such revocation. No such license shall be

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1 reissued at all so long as the person who would receive the

2 license is ineligible to receive a distributor's license under

3 this Act for any one or more of the reasons provided for in

4 Section 4 of this Act, is ineligible to receive a secondary

5 distributor's license under this Act for any one or more of the

6 reasons provided for in Section 4c of this Act, or is

7 determined to be ineligible for a retailer's license under the

8 Act for any one or more of the reasons provided for in Section

9 4g of this Act.

10 The Department upon complaint filed in the circuit court

11 may by injunction restrain any person who fails, or refuses, to

12 comply with any of the provisions of this Act from acting as a

13 distributor, secondary distributor, or retailer of cigarettes

14 in this State.

15 (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)

16 Section 10. The Tobacco Products Tax Act of 1995 is amended

17 by changing Section 10-25 as follows:

18 (35 ILCS 143/10-25)

19 Sec. 10-25. License actions.

20 (a) The Department may, after notice and a hearing, revoke,

21 cancel, or suspend the license of any distributor or retailer

22 who violates any of the provisions of this Act. The notice

23 shall specify the alleged violation or violations upon which

24 the revocation, cancellation, or suspension proceeding is

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1 based.

2 (b) The Department may revoke, cancel, or suspend the

3 license of any distributor for a violation of the Tobacco

4 Product Manufacturers' Escrow Enforcement Act as provided in

5 Section 20 of that Act.

6 (c) If the retailer has a training program that facilitates

7 compliance with minimum-age tobacco laws, the Department shall

8 suspend for 3 days the license of that retailer for a fourth or

9 subsequent violation of the Prevention of Tobacco Use by

10 Persons under 21 Years of Age ~~Minors~~ and Sale and Distribution

11 of Tobacco Products Act, as provided in subsection (a) of

12 Section 2 of that Act. For the purposes of this Section, any

13 violation of subsection (a) of Section 2 of the Prevention of

14 Tobacco Use by Persons under 21 Years of Age ~~Minors~~ and Sale

15 and Distribution of Tobacco Products Act occurring at the

16 retailer's licensed location, during a 24-month period, shall

17 be counted as a violation against the retailer.

18 If the retailer does not have a training program that

19 facilitates compliance with minimum-age tobacco laws, the

20 Department shall suspend for 3 days the license of that

21 retailer for a second violation of the Prevention of Tobacco

22 Use by Persons under 21 Years of Age ~~Minors~~ and Sale and

23 Distribution of Tobacco Products Act, as provided in subsection

24 (a-5) of Section 2 of that Act.

25 If the retailer does not have a training program that

26 facilitates compliance with minimum-age tobacco laws, the

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1 Department shall suspend for 7 days the license of that

2 retailer for a third violation of the Prevention of Tobacco Use

3 by Persons under 21 Years of Age ~~Minors~~ and Sale and

4 Distribution of Tobacco Products Act, as provided in subsection

5 (a-5) of Section 2 of that Act.

6 If the retailer does not have a training program that

7 facilitates compliance with minimum-age tobacco laws, the

8 Department shall suspend for 30 days the license of a retailer

9 for a fourth or subsequent violation of the Prevention of

10 Tobacco Use by Persons under 21 Years of Age ~~Minors~~ and Sale

11 and Distribution of Tobacco Products Act, as provided in

12 subsection (a-5) of Section 2 of that Act.

13 A training program that facilitates compliance with

14 minimum-age tobacco laws must include at least the following

15 elements: (i) it must explain that only individuals displaying

16 valid identification demonstrating that they are 21 ~~18~~ years of

17 age or older shall be eligible to purchase cigarettes or

18 tobacco products and (ii) it must explain where a clerk can

19 check identification for a date of birth. The training may be

20 conducted electronically. Each retailer that has a training

21 program shall require each employee who completes the training

22 program to sign a form attesting that the employee has received

23 and completed tobacco training. The form shall be kept in the

24 employee's file and may be used to provide proof of training.

25 (d) The Department may, by application to any circuit

26 court, obtain an injunction restraining any person who engages

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1 in business as a distributor of tobacco products without a

2 license (either because his or her license has been revoked,

3 canceled, or suspended or because of a failure to obtain a

4 license in the first instance) from engaging in that business

5 until that person, as if that person were a new applicant for a

6 license, complies with all of the conditions, restrictions, and

7 requirements of Section 10-20 of this Act and qualifies for and

8 obtains a license. Refusal or neglect to obey the order of the

9 court may result in punishment for contempt.

10 (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)

11 Section 15. The Liquor Control Act of 1934 is amended by

12 changing Sections 3-12 and 6-16.1 as follows:

13 (235 ILCS 5/3-12)

14 Sec. 3-12. Powers and duties of State Commission.

15 (a) The State commission shall have the following powers,

16 functions, and duties:

17 (1) To receive applications and to issue licenses to

18 manufacturers, foreign importers, importing distributors,

19 distributors, non-resident dealers, on premise consumption

20 retailers, off premise sale retailers, special event

21 retailer licensees, special use permit licenses, auction

22 liquor licenses, brew pubs, caterer retailers,

23 non-beverage users, railroads, including owners and

24 lessees of sleeping, dining and cafe cars, airplanes,

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1 boats, brokers, and wine maker's premises licensees in

2 accordance with the provisions of this Act, and to suspend

3 or revoke such licenses upon the State commission's

4 determination, upon notice after hearing, that a licensee

5 has violated any provision of this Act or any rule or

6 regulation issued pursuant thereto and in effect for 30

7 days prior to such violation. Except in the case of an

8 action taken pursuant to a violation of Section 6-3, 6-5,

9 or 6-9, any action by the State Commission to suspend or

10 revoke a licensee's license may be limited to the license

11 for the specific premises where the violation occurred.

12 In lieu of suspending or revoking a license, the

13 commission may impose a fine, upon the State commission's

14 determination and notice after hearing, that a licensee has

15 violated any provision of this Act or any rule or

16 regulation issued pursuant thereto and in effect for 30

17 days prior to such violation.

18 For the purpose of this paragraph (1), when determining

19 multiple violations for the sale of alcohol to a person

20 under the age of 21, a second or subsequent violation for

21 the sale of alcohol to a person under the age of 21 shall

22 only be considered if it was committed within 5 years after

23 the date when a prior violation for the sale of alcohol to

24 a person under the age of 21 was committed.

25 The fine imposed under this paragraph may not exceed

26 $500 for each violation. Each day that the activity, which

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1 gave rise to the original fine, continues is a separate

2 violation. The maximum fine that may be levied against any

3 licensee, for the period of the license, shall not exceed

4 $20,000. The maximum penalty that may be imposed on a

5 licensee for selling a bottle of alcoholic liquor with a

6 foreign object in it or serving from a bottle of alcoholic

7 liquor with a foreign object in it shall be the destruction

8 of that bottle of alcoholic liquor for the first 10 bottles

9 so sold or served from by the licensee. For the eleventh

10 bottle of alcoholic liquor and for each third bottle

11 thereafter sold or served from by the licensee with a

12 foreign object in it, the maximum penalty that may be

13 imposed on the licensee is the destruction of the bottle of

14 alcoholic liquor and a fine of up to $50.

15 (2) To adopt such rules and regulations consistent with

16 the provisions of this Act which shall be necessary to

17 carry on its functions and duties to the end that the

18 health, safety and welfare of the People of the State of

19 Illinois shall be protected and temperance in the

20 consumption of alcoholic liquors shall be fostered and

21 promoted and to distribute copies of such rules and

22 regulations to all licensees affected thereby.

23 (3) To call upon other administrative departments of

24 the State, county and municipal governments, county and

25 city police departments and upon prosecuting officers for

26 such information and assistance as it deems necessary in

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1 the performance of its duties.

2 (4) To recommend to local commissioners rules and

3 regulations, not inconsistent with the law, for the

4 distribution and sale of alcoholic liquors throughout the

5 State.

6 (5) To inspect, or cause to be inspected, any premises

7 in this State where alcoholic liquors are manufactured,

8 distributed, warehoused, or sold. Nothing in this Act

9 authorizes an agent of the Commission to inspect private

10 areas within the premises without reasonable suspicion or a

11 warrant during an inspection. "Private areas" include, but

12 are not limited to, safes, personal property, and closed

13 desks.

14 (5.1) Upon receipt of a complaint or upon having

15 knowledge that any person is engaged in business as a

16 manufacturer, importing distributor, distributor, or

17 retailer without a license or valid license, to notify the

18 local liquor authority, file a complaint with the State's

19 Attorney's Office of the county where the incident

20 occurred, or initiate an investigation with the

21 appropriate law enforcement officials.

22 (5.2) To issue a cease and desist notice to persons

23 shipping alcoholic liquor into this State from a point

24 outside of this State if the shipment is in violation of

25 this Act.

26 (5.3) To receive complaints from licensees, local

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1 officials, law enforcement agencies, organizations, and

2 persons stating that any licensee has been or is violating

3 any provision of this Act or the rules and regulations

4 issued pursuant to this Act. Such complaints shall be in

5 writing, signed and sworn to by the person making the

6 complaint, and shall state with specificity the facts in

7 relation to the alleged violation. If the Commission has

8 reasonable grounds to believe that the complaint

9 substantially alleges a violation of this Act or rules and

10 regulations adopted pursuant to this Act, it shall conduct

11 an investigation. If, after conducting an investigation,

12 the Commission is satisfied that the alleged violation did

13 occur, it shall proceed with disciplinary action against

14 the licensee as provided in this Act.

15 (6) To hear and determine appeals from orders of a

16 local commission in accordance with the provisions of this

17 Act, as hereinafter set forth. Hearings under this

18 subsection shall be held in Springfield or Chicago, at

19 whichever location is the more convenient for the majority

20 of persons who are parties to the hearing.

21 (7) The commission shall establish uniform systems of

22 accounts to be kept by all retail licensees having more

23 than 4 employees, and for this purpose the commission may

24 classify all retail licensees having more than 4 employees

25 and establish a uniform system of accounts for each class

26 and prescribe the manner in which such accounts shall be

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1 kept. The commission may also prescribe the forms of

2 accounts to be kept by all retail licensees having more

3 than 4 employees, including but not limited to accounts of

4 earnings and expenses and any distribution, payment, or

5 other distribution of earnings or assets, and any other

6 forms, records and memoranda which in the judgment of the

7 commission may be necessary or appropriate to carry out any

8 of the provisions of this Act, including but not limited to

9 such forms, records and memoranda as will readily and

10 accurately disclose at all times the beneficial ownership

11 of such retail licensed business. The accounts, forms,

12 records and memoranda shall be available at all reasonable

13 times for inspection by authorized representatives of the

14 State commission or by any local liquor control

15 commissioner or his or her authorized representative. The

16 commission, may, from time to time, alter, amend or repeal,

17 in whole or in part, any uniform system of accounts, or the

18 form and manner of keeping accounts.

19 (8) In the conduct of any hearing authorized to be held

20 by the commission, to appoint, at the commission's

21 discretion, hearing officers to conduct hearings involving

22 complex issues or issues that will require a protracted

23 period of time to resolve, to examine, or cause to be

24 examined, under oath, any licensee, and to examine or cause

25 to be examined the books and records of such licensee; to

26 hear testimony and take proof material for its information

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1 in the discharge of its duties hereunder; to administer or

2 cause to be administered oaths; for any such purpose to

3 issue subpoena or subpoenas to require the attendance of

4 witnesses and the production of books, which shall be

5 effective in any part of this State, and to adopt rules to

6 implement its powers under this paragraph (8).

7 Any Circuit Court may by order duly entered, require

8 the attendance of witnesses and the production of relevant

9 books subpoenaed by the State commission and the court may

10 compel obedience to its order by proceedings for contempt.

11 (9) To investigate the administration of laws in

12 relation to alcoholic liquors in this and other states and

13 any foreign countries, and to recommend from time to time

14 to the Governor and through him or her to the legislature

15 of this State, such amendments to this Act, if any, as it

16 may think desirable and as will serve to further the

17 general broad purposes contained in Section 1-2 hereof.

18 (10) To adopt such rules and regulations consistent

19 with the provisions of this Act which shall be necessary

20 for the control, sale or disposition of alcoholic liquor

21 damaged as a result of an accident, wreck, flood, fire or

22 other similar occurrence.

23 (11) To develop industry educational programs related

24 to responsible serving and selling, particularly in the

25 areas of overserving consumers and illegal underage

26 purchasing and consumption of alcoholic beverages.

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1 (11.1) To license persons providing education and

2 training to alcohol beverage sellers and servers for

3 mandatory and non-mandatory training under the Beverage

4 Alcohol Sellers and Servers Education and Training

5 (BASSET) programs and to develop and administer a public

6 awareness program in Illinois to reduce or eliminate the

7 illegal purchase and consumption of alcoholic beverage

8 products by persons under the age of 21. Application for a

9 license shall be made on forms provided by the State

10 Commission.

11 (12) To develop and maintain a repository of license

12 and regulatory information.

13 (13) (Blank). ~~On or before January 15, 1994, the~~

14 ~~Commission shall issue a written report to the Governor and~~

15 ~~General Assembly that is to be based on a comprehensive~~

16 ~~study of the impact on and implications for the State of~~

17 ~~Illinois of Section 1926 of the Federal ADAMHA~~

18 ~~Reorganization Act of 1992 (Public Law 102-321). This study~~

19 ~~shall address the extent to which Illinois currently~~

20 ~~complies with the provisions of P.L. 102-321 and the rules~~

21 ~~promulgated pursuant thereto.~~

22 ~~As part of its report, the Commission shall provide the~~

23 ~~following essential information:~~

24 ~~(i) the number of retail distributors of tobacco~~

25 ~~products, by type and geographic area, in the State;~~

26 ~~(ii) the number of reported citations and~~

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1 ~~successful convictions, categorized by type and~~

2 ~~location of retail distributor, for violation of the~~

3 ~~Prevention of Tobacco Use by Minors and Sale and~~

4 ~~Distribution of Tobacco Products Act and the Smokeless~~

5 ~~Tobacco Limitation Act;~~

6 ~~(iii) the extent and nature of organized~~

7 ~~educational and governmental activities that are~~

8 ~~intended to promote, encourage or otherwise secure~~

9 ~~compliance with any Illinois laws that prohibit the~~

10 ~~sale or distribution of tobacco products to minors; and~~

11 ~~(iv) the level of access and availability of~~

12 ~~tobacco products to individuals under the age of 18.~~

13 ~~To obtain the data necessary to comply with the~~

14 ~~provisions of P.L. 102-321 and the requirements of this~~

15 ~~report, the Commission shall conduct random, unannounced~~

16 ~~inspections of a geographically and scientifically~~

17 ~~representative sample of the State's retail tobacco~~

18 ~~distributors.~~

19 ~~The Commission shall consult with the Department of~~

20 ~~Public Health, the Department of Human Services, the~~

21 ~~Illinois State Police and any other executive branch~~

22 ~~agency, and private organizations that may have~~

23 ~~information relevant to this report.~~

24 ~~The Commission may contract with the Food and Drug~~

25 ~~Administration of the U.S. Department of Health and Human~~

26 ~~Services to conduct unannounced investigations of Illinois~~

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1 ~~tobacco vendors to determine compliance with federal laws~~

2 ~~relating to the illegal sale of cigarettes and smokeless~~

3 ~~tobacco products to persons under the age of 18.~~

4 (14) On or before April 30, 2008 and every 2 years

5 thereafter, the Commission shall present a written report

6 to the Governor and the General Assembly that shall be

7 based on a study of the impact of this amendatory Act of

8 the 95th General Assembly on the business of soliciting,

9 selling, and shipping wine from inside and outside of this

10 State directly to residents of this State. As part of its

11 report, the Commission shall provide all of the following

12 information:

13 (A) The amount of State excise and sales tax

14 revenues generated.

15 (B) The amount of licensing fees received.

16 (C) The number of cases of wine shipped from inside

17 and outside of this State directly to residents of this

18 State.

19 (D) The number of alcohol compliance operations

20 conducted.

21 (E) The number of winery shipper's licenses

22 issued.

23 (F) The number of each of the following: reported

24 violations; cease and desist notices issued by the

25 Commission; notices of violations issued by the

26 Commission and to the Department of Revenue; and

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1 notices and complaints of violations to law

2 enforcement officials, including, without limitation,

3 the Illinois Attorney General and the U.S. Department

4 of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

5 (15) As a means to reduce the underage consumption of

6 alcoholic liquors, the Commission shall conduct alcohol

7 compliance operations to investigate whether businesses

8 that are soliciting, selling, and shipping wine from inside

9 or outside of this State directly to residents of this

10 State are licensed by this State or are selling or

11 attempting to sell wine to persons under 21 years of age in

12 violation of this Act.

13 (16) The Commission shall, in addition to notifying any

14 appropriate law enforcement agency, submit notices of

15 complaints or violations of Sections 6-29 and 6-29.1 by

16 persons who do not hold a winery shipper's license under

17 this amendatory Act to the Illinois Attorney General and to

18 the U.S. Department of Treasury's Alcohol and Tobacco Tax

19 and Trade Bureau.

20 (17) (A) A person licensed to make wine under the laws

21 of another state who has a winery shipper's license under

22 this amendatory Act and annually produces less than 25,000

23 gallons of wine or a person who has a first-class or

24 second-class wine manufacturer's license, a first-class or

25 second-class wine-maker's license, or a limited wine

26 manufacturer's license under this Act and annually

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1 produces less than 25,000 gallons of wine may make

2 application to the Commission for a self-distribution

3 exemption to allow the sale of not more than 5,000 gallons

4 of the exemption holder's wine to retail licensees per

5 year.

6 (B) In the application, which shall be sworn under

7 penalty of perjury, such person shall state (1) the

8 date it was established; (2) its volume of production

9 and sales for each year since its establishment; (3)

10 its efforts to establish distributor relationships;

11 (4) that a self-distribution exemption is necessary to

12 facilitate the marketing of its wine; and (5) that it

13 will comply with the liquor and revenue laws of the

14 United States, this State, and any other state where it

15 is licensed.

16 (C) The Commission shall approve the application

17 for a self-distribution exemption if such person: (1)

18 is in compliance with State revenue and liquor laws;

19 (2) is not a member of any affiliated group that

20 produces more than 25,000 gallons of wine per annum or

21 produces any other alcoholic liquor; (3) will not

22 annually produce for sale more than 25,000 gallons of

23 wine; and (4) will not annually sell more than 5,000

24 gallons of its wine to retail licensees.

25 (D) A self-distribution exemption holder shall

26 annually certify to the Commission its production of

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1 wine in the previous 12 months and its anticipated

2 production and sales for the next 12 months. The

3 Commission may fine, suspend, or revoke a

4 self-distribution exemption after a hearing if it

5 finds that the exemption holder has made a material

6 misrepresentation in its application, violated a

7 revenue or liquor law of Illinois, exceeded production

8 of 25,000 gallons of wine in any calendar year, or

9 become part of an affiliated group producing more than

10 25,000 gallons of wine or any other alcoholic liquor.

11 (E) Except in hearings for violations of this Act

12 or amendatory Act or a bona fide investigation by duly

13 sworn law enforcement officials, the Commission, or

14 its agents, the Commission shall maintain the

15 production and sales information of a

16 self-distribution exemption holder as confidential and

17 shall not release such information to any person.

18 (F) The Commission shall issue regulations

19 governing self-distribution exemptions consistent with

20 this Section and this Act.

21 (G) Nothing in this subsection (17) shall prohibit

22 a self-distribution exemption holder from entering

23 into or simultaneously having a distribution agreement

24 with a licensed Illinois distributor.

25 (H) It is the intent of this subsection (17) to

26 promote and continue orderly markets. The General

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1 Assembly finds that in order to preserve Illinois'

2 regulatory distribution system it is necessary to

3 create an exception for smaller makers of wine as their

4 wines are frequently adjusted in varietals, mixes,

5 vintages, and taste to find and create market niches

6 sometimes too small for distributor or importing

7 distributor business strategies. Limited

8 self-distribution rights will afford and allow smaller

9 makers of wine access to the marketplace in order to

10 develop a customer base without impairing the

11 integrity of the 3-tier system.

12 (18) (A) A class 1 brewer licensee, who must also be

13 either a licensed brewer or licensed non-resident dealer

14 and annually manufacture less than 930,000 gallons of beer,

15 may make application to the State Commission for a

16 self-distribution exemption to allow the sale of not more

17 than 232,500 gallons of the exemption holder's beer to

18 retail licensees per year.

19 (B) In the application, which shall be sworn under

20 penalty of perjury, the class 1 brewer licensee shall

21 state (1) the date it was established; (2) its volume

22 of beer manufactured and sold for each year since its

23 establishment; (3) its efforts to establish

24 distributor relationships; (4) that a

25 self-distribution exemption is necessary to facilitate

26 the marketing of its beer; and (5) that it will comply

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1 with the alcoholic beverage and revenue laws of the

2 United States, this State, and any other state where it

3 is licensed.

4 (C) Any application submitted shall be posted on

5 the State Commission's website at least 45 days prior

6 to action by the State Commission. The State Commission

7 shall approve the application for a self-distribution

8 exemption if the class 1 brewer licensee: (1) is in

9 compliance with the State, revenue, and alcoholic

10 beverage laws; (2) is not a member of any affiliated

11 group that manufacturers more than 930,000 gallons of

12 beer per annum or produces any other alcoholic

13 beverages; (3) shall not annually manufacture for sale

14 more than 930,000 gallons of beer; (4) shall not

15 annually sell more than 232,500 gallons of its beer to

16 retail licensees; and (5) has relinquished any brew pub

17 license held by the licensee, including any ownership

18 interest it held in the licensed brew pub.

19 (D) A self-distribution exemption holder shall

20 annually certify to the State Commission its

21 manufacture of beer during the previous 12 months and

22 its anticipated manufacture and sales of beer for the

23 next 12 months. The State Commission may fine, suspend,

24 or revoke a self-distribution exemption after a

25 hearing if it finds that the exemption holder has made

26 a material misrepresentation in its application,

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1 violated a revenue or alcoholic beverage law of

2 Illinois, exceeded the manufacture of 930,000 gallons

3 of beer in any calendar year or became part of an

4 affiliated group manufacturing more than 930,000

5 gallons of beer or any other alcoholic beverage.

6 (E) The State Commission shall issue rules and

7 regulations governing self-distribution exemptions

8 consistent with this Act.

9 (F) Nothing in this paragraph (18) shall prohibit a

10 self-distribution exemption holder from entering into

11 or simultaneously having a distribution agreement with

12 a licensed Illinois importing distributor or a

13 distributor. If a self-distribution exemption holder

14 enters into a distribution agreement and has assigned

15 distribution rights to an importing distributor or

16 distributor, then the self-distribution exemption

17 holder's distribution rights in the assigned

18 territories shall cease in a reasonable time not to

19 exceed 60 days.

20 (G) It is the intent of this paragraph (18) to

21 promote and continue orderly markets. The General

22 Assembly finds that in order to preserve Illinois'

23 regulatory distribution system, it is necessary to

24 create an exception for smaller manufacturers in order

25 to afford and allow such smaller manufacturers of beer

26 access to the marketplace in order to develop a

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1 customer base without impairing the integrity of the

2 3-tier system.

3 (b) On or before April 30, 1999, the Commission shall

4 present a written report to the Governor and the General

5 Assembly that shall be based on a study of the impact of this

6 amendatory Act of 1998 on the business of soliciting, selling,

7 and shipping alcoholic liquor from outside of this State

8 directly to residents of this State.

9 As part of its report, the Commission shall provide the

10 following information:

11 (i) the amount of State excise and sales tax revenues

12 generated as a result of this amendatory Act of 1998;

13 (ii) the amount of licensing fees received as a result

14 of this amendatory Act of 1998;

15 (iii) the number of reported violations, the number of

16 cease and desist notices issued by the Commission, the

17 number of notices of violations issued to the Department of

18 Revenue, and the number of notices and complaints of

19 violations to law enforcement officials.

20 (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15;

21 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff.

22 8-24-15.)

23 (235 ILCS 5/6-16.1)

24 Sec. 6-16.1. Enforcement actions.

25 (a) A licensee or an officer, associate, member,

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1 representative, agent, or employee of a licensee may sell,

2 give, or deliver alcoholic liquor to a person under the age of

3 21 years or authorize the sale, gift, or delivery of alcoholic

4 liquor to a person under the age of 21 years pursuant to a plan

5 or action to investigate, patrol, or otherwise conduct a "sting

6 operation" or enforcement action against a person employed by

7 the licensee or on any licensed premises if the licensee or

8 officer, associate, member, representative, agent, or employee

9 of the licensee provides written notice, at least 14 days

10 before the "sting operation" or enforcement action, unless

11 governing body of the municipality or county having

12 jurisdiction sets a shorter period by ordinance, to the law

13 enforcement agency having jurisdiction, the local liquor

14 control commissioner, or both. Notice provided under this

15 Section shall be valid for a "sting operation" or enforcement

16 action conducted within 60 days of the provision of that

17 notice, unless the governing body of the municipality or county

18 having jurisdiction sets a shorter period by ordinance.

19 (b) A local liquor control commission or unit of local

20 government that conducts alcohol and tobacco compliance

21 operations shall establish a policy and standards for alcohol

22 and tobacco compliance operations to investigate whether a

23 licensee is furnishing (1) alcoholic liquor to persons under 21

24 years of age in violation of this Act or (2) tobacco to persons

25 in violation of the Prevention of Tobacco Use by Persons under

26 21 Years of Age ~~Minors~~ and Sale and Distribution of Tobacco

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1 Products Act.

2 (c) The Illinois Law Enforcement Training Standards Board

3 shall develop a model policy and guidelines for the operation

4 of alcohol and tobacco compliance checks by local law

5 enforcement officers. The Illinois Law Enforcement Training

6 Standards Board shall also require the supervising officers of

7 such compliance checks to have met a minimum training standard

8 as determined by the Board. The Board shall have the right to

9 waive any training based on current written policies and

10 procedures for alcohol and tobacco compliance check operations

11 and in-service training already administered by the local law

12 enforcement agency, department, or office.

13 (d) The provisions of subsections (b) and (c) do not apply

14 to a home rule unit with more than 2,000,000 inhabitants.

15 (e) A home rule unit, other than a home rule unit with more

16 than 2,000,000 inhabitants, may not regulate enforcement

17 actions in a manner inconsistent with the regulation of

18 enforcement actions under this Section. This subsection (e) is

19 a limitation under subsection (i) of Section 6 of Article VII

20 of the Illinois Constitution on the concurrent exercise by home

21 rule units of powers and functions exercised by the State.

22 (f) A licensee who is the subject of an enforcement action

23 or "sting operation" under this Section and is found, pursuant

24 to the enforcement action, to be in compliance with this Act

25 shall be notified by the enforcement agency action that no

26 violation was found within 30 days after the finding.

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1 (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;

2 96-1000, eff. 7-2-10.)

3 Section 20. The Juvenile Court Act of 1987 is amended by

4 changing Sections 5-615 and 5-710 as follows:

5 (705 ILCS 405/5-615)

6 Sec. 5-615. Continuance under supervision.

7 (1) The court may enter an order of continuance under

8 supervision for an offense other than first degree murder, a

9 Class X felony or a forcible felony:

10 (a) upon an admission or stipulation by the appropriate

11 respondent or minor respondent of the facts supporting the

12 petition and before the court makes a finding of

13 delinquency, and in the absence of objection made in open

14 court by the minor, his or her parent, guardian, or legal

15 custodian, the minor's attorney or the State's Attorney; or

16 (b) upon a finding of delinquency and after considering

17 the circumstances of the offense and the history,

18 character, and condition of the minor, if the court is of

19 the opinion that:

20 (i) the minor is not likely to commit further

21 crimes;

22 (ii) the minor and the public would be best served

23 if the minor were not to receive a criminal record; and

24 (iii) in the best interests of justice an order of

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1 continuance under supervision is more appropriate than

2 a sentence otherwise permitted under this Act.

3 (2) (Blank).

4 (3) Nothing in this Section limits the power of the court

5 to order a continuance of the hearing for the production of

6 additional evidence or for any other proper reason.

7 (4) When a hearing where a minor is alleged to be a

8 delinquent is continued pursuant to this Section, the period of

9 continuance under supervision may not exceed 24 months. The

10 court may terminate a continuance under supervision at any time

11 if warranted by the conduct of the minor and the ends of

12 justice or vacate the finding of delinquency or both.

13 (5) When a hearing where a minor is alleged to be

14 delinquent is continued pursuant to this Section, the court

15 may, as conditions of the continuance under supervision,

16 require the minor to do any of the following:

17 (a) not violate any criminal statute of any

18 jurisdiction;

19 (b) make a report to and appear in person before any

20 person or agency as directed by the court;

21 (c) work or pursue a course of study or vocational

22 training;

23 (d) undergo medical or psychotherapeutic treatment

24 rendered by a therapist licensed under the provisions of

25 the Medical Practice Act of 1987, the Clinical Psychologist

26 Licensing Act, or the Clinical Social Work and Social Work

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1 Practice Act, or an entity licensed by the Department of

2 Human Services as a successor to the Department of

3 Alcoholism and Substance Abuse, for the provision of drug

4 addiction and alcoholism treatment;

5 (e) attend or reside in a facility established for the

6 instruction or residence of persons on probation;

7 (f) support his or her dependents, if any;

8 (g) pay costs;

9 (h) refrain from possessing a firearm or other

10 dangerous weapon, or an automobile;

11 (i) permit the probation officer to visit him or her at

12 his or her home or elsewhere;

13 (j) reside with his or her parents or in a foster home;

14 (k) attend school;

15 (k-5) with the consent of the superintendent of the

16 facility, attend an educational program at a facility other

17 than the school in which the offense was committed if he or

18 she committed a crime of violence as defined in Section 2

19 of the Crime Victims Compensation Act in a school, on the

20 real property comprising a school, or within 1,000 feet of

21 the real property comprising a school;

22 (l) attend a non-residential program for youth;

23 (m) contribute to his or her own support at home or in

24 a foster home;

25 (n) perform some reasonable public or community

26 service;

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1 (o) make restitution to the victim, in the same manner

2 and under the same conditions as provided in subsection (4)

3 of Section 5-710, except that the "sentencing hearing"

4 referred to in that Section shall be the adjudicatory

5 hearing for purposes of this Section;

6 (p) comply with curfew requirements as designated by

7 the court;

8 (q) refrain from entering into a designated geographic

9 area except upon terms as the court finds appropriate. The

10 terms may include consideration of the purpose of the

11 entry, the time of day, other persons accompanying the

12 minor, and advance approval by a probation officer;

13 (r) refrain from having any contact, directly or

14 indirectly, with certain specified persons or particular

15 types of persons, including but not limited to members of

16 street gangs and drug users or dealers;

17 (r-5) undergo a medical or other procedure to have a

18 tattoo symbolizing allegiance to a street gang removed from

19 his or her body;

20 (s) refrain from having in his or her body the presence

21 of any illicit drug prohibited by the Cannabis Control Act,

22 the Illinois Controlled Substances Act, or the

23 Methamphetamine Control and Community Protection Act,

24 unless prescribed by a physician, and submit samples of his

25 or her blood or urine or both for tests to determine the

26 presence of any illicit drug; or

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1 (t) comply with any other conditions as may be ordered

2 by the court.

3 (6) A minor whose case is continued under supervision under

4 subsection (5) shall be given a certificate setting forth the

5 conditions imposed by the court. Those conditions may be

6 reduced, enlarged, or modified by the court on motion of the

7 probation officer or on its own motion, or that of the State's

8 Attorney, or, at the request of the minor after notice and

9 hearing.

10 (7) If a petition is filed charging a violation of a

11 condition of the continuance under supervision, the court shall

12 conduct a hearing. If the court finds that a condition of

13 supervision has not been fulfilled, the court may proceed to

14 findings, adjudication, and disposition or adjudication and

15 disposition. The filing of a petition for violation of a

16 condition of the continuance under supervision shall toll the

17 period of continuance under supervision until the final

18 determination of the charge, and the term of the continuance

19 under supervision shall not run until the hearing and

20 disposition of the petition for violation; provided where the

21 petition alleges conduct that does not constitute a criminal

22 offense, the hearing must be held within 30 days of the filing

23 of the petition unless a delay shall continue the tolling of

24 the period of continuance under supervision for the period of

25 the delay.

26 (8) When a hearing in which a minor is alleged to be a

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1 delinquent for reasons that include a violation of Section

2 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

3 2012 is continued under this Section, the court shall, as a

4 condition of the continuance under supervision, require the

5 minor to perform community service for not less than 30 and not

6 more than 120 hours, if community service is available in the

7 jurisdiction. The community service shall include, but need not

8 be limited to, the cleanup and repair of the damage that was

9 caused by the alleged violation or similar damage to property

10 located in the municipality or county in which the alleged

11 violation occurred. The condition may be in addition to any

12 other condition.

13 (8.5) When a hearing in which a minor is alleged to be a

14 delinquent for reasons that include a violation of Section 3.02

15 or Section 3.03 of the Humane Care for Animals Act or paragraph

16 (d) of subsection (1) of Section 21-1 of the Criminal Code of

17 1961 or paragraph (4) of subsection (a) of Section 21-1 or the

18 Criminal Code of 2012 is continued under this Section, the

19 court shall, as a condition of the continuance under

20 supervision, require the minor to undergo medical or

21 psychiatric treatment rendered by a psychiatrist or

22 psychological treatment rendered by a clinical psychologist.

23 The condition may be in addition to any other condition.

24 (9) When a hearing in which a minor is alleged to be a

25 delinquent is continued under this Section, the court, before

26 continuing the case, shall make a finding whether the offense

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1 alleged to have been committed either: (i) was related to or in

2 furtherance of the activities of an organized gang or was

3 motivated by the minor's membership in or allegiance to an

4 organized gang, or (ii) is a violation of paragraph (13) of

5 subsection (a) of Section 12-2 or paragraph (2) of subsection

6 (c) of Section 12-2 of the Criminal Code of 1961 or the

7 Criminal Code of 2012, a violation of any Section of Article 24

8 of the Criminal Code of 1961 or the Criminal Code of 2012, or a

9 violation of any statute that involved the unlawful use of a

10 firearm. If the court determines the question in the

11 affirmative the court shall, as a condition of the continuance

12 under supervision and as part of or in addition to any other

13 condition of the supervision, require the minor to perform

14 community service for not less than 30 hours, provided that

15 community service is available in the jurisdiction and is

16 funded and approved by the county board of the county where the

17 offense was committed. The community service shall include, but

18 need not be limited to, the cleanup and repair of any damage

19 caused by an alleged violation of Section 21-1.3 of the

20 Criminal Code of 1961 or the Criminal Code of 2012 and similar

21 damage to property located in the municipality or county in

22 which the alleged violation occurred. When possible and

23 reasonable, the community service shall be performed in the

24 minor's neighborhood. For the purposes of this Section,

25 "organized gang" has the meaning ascribed to it in Section 10

26 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

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1 (10) The court shall impose upon a minor placed on

2 supervision, as a condition of the supervision, a fee of $50

3 for each month of supervision ordered by the court, unless

4 after determining the inability of the minor placed on

5 supervision to pay the fee, the court assesses a lesser amount.

6 The court may not impose the fee on a minor who is made a ward

7 of the State under this Act while the minor is in placement.

8 The fee shall be imposed only upon a minor who is actively

9 supervised by the probation and court services department. A

10 court may order the parent, guardian, or legal custodian of the

11 minor to pay some or all of the fee on the minor's behalf.

12 (11) If a minor is placed on supervision for a violation of

13 subsection (a-7) of Section 1 of the Prevention of Tobacco Use

14 by Persons under 21 Years of Age and Sale and Distribution of

15 Tobacco Products ~~Minors~~Act, the court may, in its discretion,

16 and upon recommendation by the State's Attorney, order that

17 minor and his or her parents or legal guardian to attend a

18 smoker's education or youth diversion program as defined in

19 that Act if that program is available in the jurisdiction where

20 the offender resides. Attendance at a smoker's education or

21 youth diversion program shall be time-credited against any

22 community service time imposed for any first violation of

23 subsection (a-7) of Section 1 of that Act. In addition to any

24 other penalty that the court may impose for a violation of

25 subsection (a-7) of Section 1 of that Act, the court, upon

26 request by the State's Attorney, may in its discretion require

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1 the offender to remit a fee for his or her attendance at a

2 smoker's education or youth diversion program.

3 For purposes of this Section, "smoker's education program"

4 or "youth diversion program" includes, but is not limited to, a

5 seminar designed to educate a person on the physical and

6 psychological effects of smoking tobacco products and the

7 health consequences of smoking tobacco products that can be

8 conducted with a locality's youth diversion program.

9 In addition to any other penalty that the court may impose

10 under this subsection (11):

11 (a) If a minor violates subsection (a-7) of Section 1

12 of the Prevention of Tobacco Use byPersons under 21 Years

13 of Age and Sale and Distribution of Tobacco Products ~~Minors~~

14 Act, the court may impose a sentence of 15 hours of

15 community service or a fine of $25 for a first violation.

16 (b) A second violation by a minor of subsection (a-7)

17 of Section 1 of that Act that occurs within 12 months after

18 the first violation is punishable by a fine of $50 and 25

19 hours of community service.

20 (c) A third or subsequent violation by a minor of

21 subsection (a-7) of Section 1 of that Act that occurs

22 within 12 months after the first violation is punishable by

23 a $100 fine and 30 hours of community service.

24 (d) Any second or subsequent violation not within the

25 12-month time period after the first violation is

26 punishable as provided for a first violation.

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1 (Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)

2 (705 ILCS 405/5-710)

3 Sec. 5-710. Kinds of sentencing orders.

4 (1) The following kinds of sentencing orders may be made in

5 respect of wards of the court:

6 (a) Except as provided in Sections 5-805, 5-810, 5-815,

7 a minor who is found guilty under Section 5-620 may be:

8 (i) put on probation or conditional discharge and

9 released to his or her parents, guardian or legal

10 custodian, provided, however, that any such minor who

11 is not committed to the Department of Juvenile Justice

12 under this subsection and who is found to be a

13 delinquent for an offense which is first degree murder,

14 a Class X felony, or a forcible felony shall be placed

15 on probation;

16 (ii) placed in accordance with Section 5-740, with

17 or without also being put on probation or conditional

18 discharge;

19 (iii) required to undergo a substance abuse

20 assessment conducted by a licensed provider and

21 participate in the indicated clinical level of care;

22 (iv) on and after the effective date of this

23 amendatory Act of the 98th General Assembly and before

24 January 1, 2017, placed in the guardianship of the

25 Department of Children and Family Services, but only if

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1 the delinquent minor is under 16 years of age or,

2 pursuant to Article II of this Act, a minor for whom an

3 independent basis of abuse, neglect, or dependency

4 exists. On and after January 1, 2017, placed in the

5 guardianship of the Department of Children and Family

6 Services, but only if the delinquent minor is under 15

7 years of age or, pursuant to Article II of this Act, a

8 minor for whom an independent basis of abuse, neglect,

9 or dependency exists. An independent basis exists when

10 the allegations or adjudication of abuse, neglect, or

11 dependency do not arise from the same facts, incident,

12 or circumstances which give rise to a charge or

13 adjudication of delinquency;

14 (v) placed in detention for a period not to exceed

15 30 days, either as the exclusive order of disposition

16 or, where appropriate, in conjunction with any other

17 order of disposition issued under this paragraph,

18 provided that any such detention shall be in a juvenile

19 detention home and the minor so detained shall be 10

20 years of age or older. However, the 30-day limitation

21 may be extended by further order of the court for a

22 minor under age 15 committed to the Department of

23 Children and Family Services if the court finds that

24 the minor is a danger to himself or others. The minor

25 shall be given credit on the sentencing order of

26 detention for time spent in detention under Sections

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1 5-501, 5-601, 5-710, or 5-720 of this Article as a

2 result of the offense for which the sentencing order

3 was imposed. The court may grant credit on a sentencing

4 order of detention entered under a violation of

5 probation or violation of conditional discharge under

6 Section 5-720 of this Article for time spent in

7 detention before the filing of the petition alleging

8 the violation. A minor shall not be deprived of credit

9 for time spent in detention before the filing of a

10 violation of probation or conditional discharge

11 alleging the same or related act or acts. The

12 limitation that the minor shall only be placed in a

13 juvenile detention home does not apply as follows:

14 Persons 18 years of age and older who have a

15 petition of delinquency filed against them may be

16 confined in an adult detention facility. In making a

17 determination whether to confine a person 18 years of

18 age or older who has a petition of delinquency filed

19 against the person, these factors, among other

20 matters, shall be considered:

21 (A) the age of the person;

22 (B) any previous delinquent or criminal

23 history of the person;

24 (C) any previous abuse or neglect history of

25 the person;

26 (D) any mental health history of the person;

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1 and

2 (E) any educational history of the person;

3 (vi) ordered partially or completely emancipated

4 in accordance with the provisions of the Emancipation

5 of Minors Act;

6 (vii) subject to having his or her driver's license

7 or driving privileges suspended for such time as

8 determined by the court but only until he or she

9 attains 18 years of age;

10 (viii) put on probation or conditional discharge

11 and placed in detention under Section 3-6039 of the

12 Counties Code for a period not to exceed the period of

13 incarceration permitted by law for adults found guilty

14 of the same offense or offenses for which the minor was

15 adjudicated delinquent, and in any event no longer than

16 upon attainment of age 21; this subdivision (viii)

17 notwithstanding any contrary provision of the law;

18 (ix) ordered to undergo a medical or other

19 procedure to have a tattoo symbolizing allegiance to a

20 street gang removed from his or her body; or

21 (x) placed in electronic home detention under Part

22 7A of this Article.

23 (b) A minor found to be guilty may be committed to the

24 Department of Juvenile Justice under Section 5-750 if the

25 minor is at least 13 years and under 20 years of age,

26 provided that the commitment to the Department of Juvenile

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1 Justice shall be made only if a term of imprisonment in the

2 penitentiary system of the Department of Corrections is

3 permitted by law for adults found guilty of the offense for

4 which the minor was adjudicated delinquent. The court shall

5 include in the sentencing order any pre-custody credits the

6 minor is entitled to under Section 5-4.5-100 of the Unified

7 Code of Corrections. The time during which a minor is in

8 custody before being released upon the request of a parent,

9 guardian or legal custodian shall also be considered as

10 time spent in custody.

11 (c) When a minor is found to be guilty for an offense

12 which is a violation of the Illinois Controlled Substances

13 Act, the Cannabis Control Act, or the Methamphetamine

14 Control and Community Protection Act and made a ward of the

15 court, the court may enter a disposition order requiring

16 the minor to undergo assessment, counseling or treatment in

17 a substance abuse program approved by the Department of

18 Human Services.

19 (2) Any sentencing order other than commitment to the

20 Department of Juvenile Justice may provide for protective

21 supervision under Section 5-725 and may include an order of

22 protection under Section 5-730.

23 (3) Unless the sentencing order expressly so provides, it

24 does not operate to close proceedings on the pending petition,

25 but is subject to modification until final closing and

26 discharge of the proceedings under Section 5-750.

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1 (4) In addition to any other sentence, the court may order

2 any minor found to be delinquent to make restitution, in

3 monetary or non-monetary form, under the terms and conditions

4 of Section 5-5-6 of the Unified Code of Corrections, except

5 that the "presentencing hearing" referred to in that Section

6 shall be the sentencing hearing for purposes of this Section.

7 The parent, guardian or legal custodian of the minor may be

8 ordered by the court to pay some or all of the restitution on

9 the minor's behalf, pursuant to the Parental Responsibility

10 Law. The State's Attorney is authorized to act on behalf of any

11 victim in seeking restitution in proceedings under this

12 Section, up to the maximum amount allowed in Section 5 of the

13 Parental Responsibility Law.

14 (5) Any sentencing order where the minor is committed or

15 placed in accordance with Section 5-740 shall provide for the

16 parents or guardian of the estate of the minor to pay to the

17 legal custodian or guardian of the person of the minor such

18 sums as are determined by the custodian or guardian of the

19 person of the minor as necessary for the minor's needs. The

20 payments may not exceed the maximum amounts provided for by

21 Section 9.1 of the Children and Family Services Act.

22 (6) Whenever the sentencing order requires the minor to

23 attend school or participate in a program of training, the

24 truant officer or designated school official shall regularly

25 report to the court if the minor is a chronic or habitual

26 truant under Section 26-2a of the School Code. Notwithstanding

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1 any other provision of this Act, in instances in which

2 educational services are to be provided to a minor in a

3 residential facility where the minor has been placed by the

4 court, costs incurred in the provision of those educational

5 services must be allocated based on the requirements of the

6 School Code.

7 (7) In no event shall a guilty minor be committed to the

8 Department of Juvenile Justice for a period of time in excess

9 of that period for which an adult could be committed for the

10 same act. The court shall include in the sentencing order a

11 limitation on the period of confinement not to exceed the

12 maximum period of imprisonment the court could impose under

13 Article V of the Unified Code of Corrections.

14 (7.5) In no event shall a guilty minor be committed to the

15 Department of Juvenile Justice or placed in detention when the

16 act for which the minor was adjudicated delinquent would not be

17 illegal if committed by an adult.

18 (8) A minor found to be guilty for reasons that include a

19 violation of Section 21-1.3 of the Criminal Code of 1961 or the

20 Criminal Code of 2012 shall be ordered to perform community

21 service for not less than 30 and not more than 120 hours, if

22 community service is available in the jurisdiction. The

23 community service shall include, but need not be limited to,

24 the cleanup and repair of the damage that was caused by the

25 violation or similar damage to property located in the

26 municipality or county in which the violation occurred. The

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1 order may be in addition to any other order authorized by this

2 Section.

3 (8.5) A minor found to be guilty for reasons that include a

4 violation of Section 3.02 or Section 3.03 of the Humane Care

5 for Animals Act or paragraph (d) of subsection (1) of Section

6 21-1 of the Criminal Code of 1961 or paragraph (4) of

7 subsection (a) of Section 21-1 of the Criminal Code of 2012

8 shall be ordered to undergo medical or psychiatric treatment

9 rendered by a psychiatrist or psychological treatment rendered

10 by a clinical psychologist. The order may be in addition to any

11 other order authorized by this Section.

12 (9) In addition to any other sentencing order, the court

13 shall order any minor found to be guilty for an act which would

14 constitute, predatory criminal sexual assault of a child,

15 aggravated criminal sexual assault, criminal sexual assault,

16 aggravated criminal sexual abuse, or criminal sexual abuse if

17 committed by an adult to undergo medical testing to determine

18 whether the defendant has any sexually transmissible disease

19 including a test for infection with human immunodeficiency

20 virus (HIV) or any other identified causative agency of

21 acquired immunodeficiency syndrome (AIDS). Any medical test

22 shall be performed only by appropriately licensed medical

23 practitioners and may include an analysis of any bodily fluids

24 as well as an examination of the minor's person. Except as

25 otherwise provided by law, the results of the test shall be

26 kept strictly confidential by all medical personnel involved in

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1 the testing and must be personally delivered in a sealed

2 envelope to the judge of the court in which the sentencing

3 order was entered for the judge's inspection in camera. Acting

4 in accordance with the best interests of the victim and the

5 public, the judge shall have the discretion to determine to

6 whom the results of the testing may be revealed. The court

7 shall notify the minor of the results of the test for infection

8 with the human immunodeficiency virus (HIV). The court shall

9 also notify the victim if requested by the victim, and if the

10 victim is under the age of 15 and if requested by the victim's

11 parents or legal guardian, the court shall notify the victim's

12 parents or the legal guardian, of the results of the test for

13 infection with the human immunodeficiency virus (HIV). The

14 court shall provide information on the availability of HIV

15 testing and counseling at the Department of Public Health

16 facilities to all parties to whom the results of the testing

17 are revealed. The court shall order that the cost of any test

18 shall be paid by the county and may be taxed as costs against

19 the minor.

20 (10) When a court finds a minor to be guilty the court

21 shall, before entering a sentencing order under this Section,

22 make a finding whether the offense committed either: (a) was

23 related to or in furtherance of the criminal activities of an

24 organized gang or was motivated by the minor's membership in or

25 allegiance to an organized gang, or (b) involved a violation of

26 subsection (a) of Section 12-7.1 of the Criminal Code of 1961

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1 or the Criminal Code of 2012, a violation of any Section of

2 Article 24 of the Criminal Code of 1961 or the Criminal Code of

3 2012, or a violation of any statute that involved the wrongful

4 use of a firearm. If the court determines the question in the

5 affirmative, and the court does not commit the minor to the

6 Department of Juvenile Justice, the court shall order the minor

7 to perform community service for not less than 30 hours nor

8 more than 120 hours, provided that community service is

9 available in the jurisdiction and is funded and approved by the

10 county board of the county where the offense was committed. The

11 community service shall include, but need not be limited to,

12 the cleanup and repair of any damage caused by a violation of

13 Section 21-1.3 of the Criminal Code of 1961 or the Criminal

14 Code of 2012 and similar damage to property located in the

15 municipality or county in which the violation occurred. When

16 possible and reasonable, the community service shall be

17 performed in the minor's neighborhood. This order shall be in

18 addition to any other order authorized by this Section except

19 for an order to place the minor in the custody of the

20 Department of Juvenile Justice. For the purposes of this

21 Section, "organized gang" has the meaning ascribed to it in

22 Section 10 of the Illinois Streetgang Terrorism Omnibus

23 Prevention Act.

24 (11) If the court determines that the offense was committed

25 in furtherance of the criminal activities of an organized gang,

26 as provided in subsection (10), and that the offense involved

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1 the operation or use of a motor vehicle or the use of a

2 driver's license or permit, the court shall notify the

3 Secretary of State of that determination and of the period for

4 which the minor shall be denied driving privileges. If, at the

5 time of the determination, the minor does not hold a driver's

6 license or permit, the court shall provide that the minor shall

7 not be issued a driver's license or permit until his or her

8 18th birthday. If the minor holds a driver's license or permit

9 at the time of the determination, the court shall provide that

10 the minor's driver's license or permit shall be revoked until

11 his or her 21st birthday, or until a later date or occurrence

12 determined by the court. If the minor holds a driver's license

13 at the time of the determination, the court may direct the

14 Secretary of State to issue the minor a judicial driving

15 permit, also known as a JDP. The JDP shall be subject to the

16 same terms as a JDP issued under Section 6-206.1 of the

17 Illinois Vehicle Code, except that the court may direct that

18 the JDP be effective immediately.

19 (12) If a minor is found to be guilty of a violation of

20 subsection (a-7) of Section 1 of the Prevention of Tobacco Use

21 by Persons under 21 Years of Age and Sale and Distribution of

22 Tobacco Products ~~Minors~~Act, the court may, in its discretion,

23 and upon recommendation by the State's Attorney, order that

24 minor and his or her parents or legal guardian to attend a

25 smoker's education or youth diversion program as defined in

26 that Act if that program is available in the jurisdiction where

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1 the offender resides. Attendance at a smoker's education or

2 youth diversion program shall be time-credited against any

3 community service time imposed for any first violation of

4 subsection (a-7) of Section 1 of that Act. In addition to any

5 other penalty that the court may impose for a violation of

6 subsection (a-7) of Section 1 of that Act, the court, upon

7 request by the State's Attorney, may in its discretion require

8 the offender to remit a fee for his or her attendance at a

9 smoker's education or youth diversion program.

10 For purposes of this Section, "smoker's education program"

11 or "youth diversion program" includes, but is not limited to, a

12 seminar designed to educate a person on the physical and

13 psychological effects of smoking tobacco products and the

14 health consequences of smoking tobacco products that can be

15 conducted with a locality's youth diversion program.

16 In addition to any other penalty that the court may impose

17 under this subsection (12):

18 (a) If a minor violates subsection (a-7) of Section 1

19 of the Prevention of Tobacco Use byPersons under 21 Years

20 of Age and Sale and Distribution of Tobacco Products ~~Minors~~

21 Act, the court may impose a sentence of 15 hours of

22 community service or a fine of $25 for a first violation.

23 (b) A second violation by a minor of subsection (a-7)

24 of Section 1 of that Act that occurs within 12 months after

25 the first violation is punishable by a fine of $50 and 25

26 hours of community service.

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1 (c) A third or subsequent violation by a minor of

2 subsection (a-7) of Section 1 of that Act that occurs

3 within 12 months after the first violation is punishable by

4 a $100 fine and 30 hours of community service.

5 (d) Any second or subsequent violation not within the

6 12-month time period after the first violation is

7 punishable as provided for a first violation.

8 (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;

9 99-268, eff. 1-1-16.)

10 Section 25. The Prevention of Tobacco Use by Minors and

11 Sale and Distribution of Tobacco Products Act is amended by

12 changing the title of the Act and Sections 0.01, 1, and 2 as

13 follows:

14 (720 ILCS 675/Act title)

15 An Act to prohibit persons under 21 years of age ~~minors~~

16 from buying, selling, or possessing tobacco in any of its

17 forms, to prohibit selling, giving or furnishing tobacco, in

18 any of its forms, to persons under 21 years of age ~~minors~~, and

19 to prohibit the distribution of tobacco samples and providing

20 penalties therefor.

21 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)

22 Sec. 0.01. Short title. This Act may be cited as the

23 Prevention of Tobacco Use by Persons under 21 Years of Age

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1 ~~Minors~~and Sale and Distribution of Tobacco Products Act.

2 (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;

3 96-1000, eff. 7-2-10.)

4 (720 ILCS 675/1) (from Ch. 23, par. 2357)

5 Sec. 1. Prohibition on sale to and possession of tobacco

6 products and electronic cigarettes by underage persons ~~by~~

7 ~~minors~~; prohibition on the distribution of tobacco product

8 samples and electronic cigarette samples to any person; use of

9 identification cards; vending machines; lunch wagons;

10 out-of-package sales.

11 (a) No person ~~minor~~ under 21 ~~18~~ years of age shall buy any

12 tobacco product or electronic cigarette. No person shall sell,

13 buy for, distribute samples of or furnish any tobacco product

14 or any electronic cigarette to any person ~~minor~~ under 21 ~~18~~

15 years of age.

16 (a-5) No person ~~minor~~under 16 years of age may sell any

17 tobacco product or electronic cigaretteat a retail

18 establishment selling tobacco products or electronic

19 cigarettes, or both. This subsection does not apply to a sales

20 clerk in a family-owned business which can prove that the sales

21 clerk is in fact a son or daughter of the owner.

22 (a-5.1) Before selling, offering for sale, giving, or

23 furnishing a tobacco product or electronic cigarette, to

24 another person, the person selling, offering for sale, giving,

25 or furnishing the tobacco product or electronic cigarette shall

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1 verify that the person is at least 21 years of age by:

2 (1) examining from any person that appears to be under

3 30 years of age a government-issued photographic

4 identification that establishes the person to be 21 years

5 of age or older; or

6 (2) for sales of electronic cigarettes made through the

7 Internet or other remote sales methods, performing an age

8 verification through an independent, third party age

9 verification service that compares information available

10 from public records to the personal information entered by

11 the person during the ordering process that establishes the

12 person is 21 years of age or older.

13 (a-6) No person ~~minor~~ under 21 ~~18~~ years of age in the

14 furtherance or facilitation of obtaining any tobacco product or

15 electronic cigarette shall display or use a false or forged

16 identification card or transfer, alter, or deface an

17 identification card.

18 (a-7) Except as otherwise provided in this Act, no person

19 ~~No minor~~ under 21 ~~18~~ years of age shall possess any tobacco

20 product or electronic cigarette ~~cigar, cigarette, smokeless~~

21 ~~tobacco, or tobacco in any of its forms~~.

22 (a-8) A person shall not distribute without charge samples

23 of any tobacco product or electronic cigarette to any other

24 person, regardless of age:

25 (1) within a retail establishment selling tobacco

26 products, unless the retailer has verified the purchaser's

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1 age with a government issued identification;

2 (2) from a lunch wagon; or

3 (3) on a public way as a promotion or advertisement of

4 a tobacco manufacturer, ~~or~~ tobacco product, or electronic

5 cigarette.

6 This subsection (a-8) does not apply to the distribution of

7 a tobacco product sample in any adult-only facility.

8 (a-9) For the purpose of this Section:

9 "Adult-only facility means a facility or restricted

10 area (whether open-air or enclosed) where the operator

11 ensures or has a reasonable basis to believe (such as by

12 checking identification as required under State law, or by

13 checking the identification of any person appearing to be

14 under the age of 30 ~~27~~) that no person under legal age is

15 present. A facility or restricted area need not be

16 permanently restricted to persons under 21 years of ~~legal~~

17 age to constitute an adult-only facility, provided that the

18 operator ensures or has a reasonable basis to believe that

19 no person under 21 years of ~~legal~~ age is present during the

20 event or time period in question.

21 "Electronic cigarette" means:

22 (1) any device that employs a battery or other

23 mechanism to heat a solution or substance to produce a

24 vapor or aerosol intended for inhalation;

25 (2) any cartridge or container of a solution or

26 substance intended to be used with or in the device or to

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1 refill the device; or

2 (3) any solution or substance, whether or not it

3 contains nicotine intended for use in the device.

4 "Electronic cigarette" includes, but is not limited to, any

5 electronic nicotine delivery system, electronic cigar,

6 electronic cigarillo, electronic pipe, electronic hookah,

7 vape pen, or similar product or device, and any components

8 or parts that can be used to build the product or device.

9 "Electronic cigarette" excludes cigarettes as defined in

10 Section 1 of the Cigarette Tax Act and tobacco products as

11 defined in Section 10-5 of the Tobacco Products Tax Act of

12 1995. "Electronic cigarette" does not include any asthma

13 inhaler or any product that has been approved by the United

14 States Food and Drug Administration for tobacco cessation,

15 nicotine cessation, or other therapeutic product approved

16 for use under the Compassionate Use of Medical Cannabis

17 Pilot Program Act.

18 "Lunch wagon" means a mobile vehicle designed and

19 constructed to transport food and from which food is sold

20 to the general public.

21 ~~"Smokeless tobacco" means any tobacco products that~~

22 ~~are suitable for dipping or chewing.~~

23 "Tobacco product" means any product containing or made

24 from tobacco that is intended for human consumption,

25 whether smoked, heated, chewed, absorbed, dissolved,

26 inhaled, snorted, sniffed, or ingested by any other means,

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1 including, but not limited to, cigarettes, cigars, little

2 cigars, chewing tobacco, pipe tobacco, snuff, and snus.

3 "Tobacco product" includes any component, part, or

4 accessory of a tobacco product, whether or not sold

5 separately. "Tobacco product" does not include any product

6 that has been approved by the United States Food and Drug

7 Administration for sale as a tobacco cessation product or

8 for other therapeutic purposes in which the product is

9 marketed and sold solely for the an approved purpose ~~means~~

10 ~~any cigar, cigarette, smokeless tobacco, or tobacco in any~~

11 ~~of its forms~~.

12 (b) Tobacco products and electronic cigarettes ~~listed in~~

13 ~~this Section~~may be sold through a vending machine only if such

14 tobacco products and electronic cigarettes are not placed

15 together with any non-tobacco product, other than matches, in

16 the vending machine and the vending machine is in any of the

17 following locations:

18 (1) (Blank).

19 (2) Places to which persons ~~minors~~ under 21 ~~18~~ years of

20 age are not permitted access at any time.

21 (3) Places where alcoholic beverages are sold and

22 consumed on the premises and vending machine operation is

23 under the direct supervision of the owner or manager.

24 (4) (Blank).

25 (5) (Blank). ~~Places where the vending machine can only~~

26 ~~be operated by the owner or an employee over age 18 either~~

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1 ~~directly or through a remote control device if the device~~

2 ~~is inaccessible to all customers.~~

3 (c) (Blank).

4 (d) The sale or distribution by any person of a tobacco

5 product in this Section, including but not limited to a single

6 or loose cigarette, that is not contained within a sealed

7 container, pack, or package as provided by the manufacturer,

8 which container, pack, or package bears the health warning

9 required by federal law, is prohibited.

10 (e) It is not a violation of this Act for a person under 21

11 ~~18~~ years of age to purchase or possess a tobacco product ~~cigar,~~

12 ~~cigarette, smokeless tobacco~~ or electronic cigarette ~~tobacco~~

13 ~~in any of its forms~~ if the person under the age of 21 ~~18~~

14 purchases or is given the ~~cigar, cigarette, smokeless tobacco~~

15 ~~or~~ tobacco product or electronic cigarette in any of its forms

16 from a retail seller of tobacco products or electronic

17 cigarettes or an employee of the retail seller pursuant to a

18 plan or action to investigate, patrol, or otherwise conduct a

19 "sting operation" or enforcement action against a retail seller

20 of tobacco products or electronic cigarettes or a person

21 employed by the retail seller of tobacco products or electronic

22 cigarettes or on any premises authorized to sell tobacco

23 products or electronic cigarettes to determine if tobacco

24 products or electronic cigarettes are being sold or given to

25 persons under 21 ~~18~~ years of age if the "sting operation" or

26 enforcement action is approved by, conducted by, or conducted

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1 on behalf of the Department of State Police, the county

2 sheriff, a municipal police department, the Department of

3 Revenue, the Department of Public Health, or a local health

4 department. The results of any sting operation or enforcement

5 action, including the name of the clerk, shall be provided to

6 the retail seller within 7 business days.

7 (Source: P.A. 98-1055, eff. 1-1-16.)

8 (720 ILCS 675/2) (from Ch. 23, par. 2358)

9 (Text of Section before amendment by P.A. 99-496)

10 Sec. 2. Penalties.

11 (a) Any person who violates subsection (a) or (a-5) of

12 Section 1 or Section 1.5 of this Act is guilty of a petty

13 offense. For the first offense in a 24-month period, the person

14 shall be fined $200 if his or her employer has a training

15 program that facilitates compliance with minimum-age tobacco

16 laws. For the second offense in a 24-month period, the person

17 shall be fined $400 if his or her employer has a training

18 program that facilitates compliance with minimum-age tobacco

19 laws. For the third offense in a 24-month period, the person

20 shall be fined $600 if his or her employer has a training

21 program that facilitates compliance with minimum-age tobacco

22 laws. For the fourth or subsequent offense in a 24-month

23 period, the person shall be fined $800 if his or her employer

24 has a training program that facilitates compliance with

25 minimum-age tobacco laws. For the purposes of this subsection,

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1 the 24-month period shall begin with the person's first

2 violation of the Act. The penalties in this subsection are in

3 addition to any other penalties prescribed under the Cigarette

4 Tax Act and the Tobacco Products Tax Act of 1995.

5 (a-5) Any person who violates subsection (a) or (a-5) of

6 Section 1 or Section 1.5 of this Act is guilty of a petty

7 offense. For the first offense, the retailer shall be fined

8 $200 if it does not have a training program that facilitates

9 compliance with minimum-age tobacco laws. For the second

10 offense, the retailer shall be fined $400 if it does not have a

11 training program that facilitates compliance with minimum-age

12 tobacco laws. For the third offense, the retailer shall be

13 fined $600 if it does not have a training program that

14 facilitates compliance with minimum-age tobacco laws. For the

15 fourth or subsequent offense in a 24-month period, the retailer

16 shall be fined $800 if it does not have a training program that

17 facilitates compliance with minimum-age tobacco laws. For the

18 purposes of this subsection, the 24-month period shall begin

19 with the person's first violation of the Act. The penalties in

20 this subsection are in addition to any other penalties

21 prescribed under the Cigarette Tax Act and the Tobacco Products

22 Tax Act of 1995.

23 (a-6) For the purpose of this Act, a training program that

24 facilitates compliance with minimum-age tobacco laws must

25 include at least the following elements: (i) it must explain

26 that only individuals displaying valid identification

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1 demonstrating that they are 18 years of age or older shall be

2 eligible to purchase cigarettes or tobacco products and (ii) it

3 must explain where a clerk can check identification for a date

4 of birth. The training may be conducted electronically. Each

5 retailer that has a training program shall require each

6 employee who completes the training program to sign a form

7 attesting that the employee has received and completed tobacco

8 training. The form shall be kept in the employee's file and may

9 be used to provide proof of training.

10 (b) If a minor violates subsection (a-7) of Section 1 he or

11 she is guilty of a petty offense and the court may impose a

12 sentence of 25 hours of community service and a fine of $50 for

13 a first violation. If a minor violates subsection (a-6) of

14 Section 1, he or she is guilty of a Class A misdemeanor.

15 (c) A second violation by a minor of subsection (a-7) of

16 Section 1 that occurs within 12 months after the first

17 violation is punishable by a fine of $75 and 50 hours of

18 community service.

19 (d) A third or subsequent violation by a minor of

20 subsection (a-7) of Section 1 that occurs within 12 months

21 after the first violation is punishable by a $200 fine and 50

22 hours of community service.

23 (e) Any second or subsequent violation not within the

24 12-month time period after the first violation is punishable as

25 provided for a first violation.

26 (f) If a minor is convicted of or placed on supervision for

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1 a violation of subsection (a-6) or (a-7) of Section 1, the

2 court may, in its discretion, and upon recommendation by the

3 State's Attorney, order that minor and his or her parents or

4 legal guardian to attend a smoker's education or youth

5 diversion program if that program is available in the

6 jurisdiction where the offender resides. Attendance at a

7 smoker's education or youth diversion program shall be

8 time-credited against any community service time imposed for

9 any first violation of subsection (a-7) of Section 1. In

10 addition to any other penalty that the court may impose for a

11 violation of subsection (a-7) of Section 1, the court, upon

12 request by the State's Attorney, may in its discretion require

13 the offender to remit a fee for his or her attendance at a

14 smoker's education or youth diversion program.

15 (g) For purposes of this Section, "smoker's education

16 program" or "youth diversion program" includes, but is not

17 limited to, a seminar designed to educate a person on the

18 physical and psychological effects of smoking tobacco products

19 and the health consequences of smoking tobacco products that

20 can be conducted with a locality's youth diversion program.

21 (h) All moneys collected as fines for violations of

22 subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be

23 distributed in the following manner:

24 (1) one-half of each fine shall be distributed to the

25 unit of local government or other entity that successfully

26 prosecuted the offender; and

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1 (2) one-half shall be remitted to the State to be used

2 for enforcing this Act.

3 Any violation of subsection (a) or (a-5) of Section 1 or

4 Section 1.5 shall be reported to the Department of Revenue

5 within 7 business days.

6 (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;

7 99-192, eff. 1-1-16.)

8 (Text of Section after amendment by P.A. 99-496)

9 Sec. 2. Penalties.

10 (a) Any person who violates subsection (a), ~~or~~ (a-5),

11 (a-5.1), (a-8), (b), or (d) of Section 1 ~~or subsection (b) or~~

12 ~~(c) of Section 1.5~~ of this Act is guilty of a petty offense.

13 For the first offense in a 24-month period, the person shall be

14 fined $200 if his or her employer has a training program that

15 facilitates compliance with minimum-age tobacco laws. For the

16 second offense in a 24-month period, the person shall be fined

17 $400 if his or her employer has a training program that

18 facilitates compliance with minimum-age tobacco laws. For the

19 third offense in a 24-month period, the person shall be fined

20 $600 if his or her employer has a training program that

21 facilitates compliance with minimum-age tobacco laws. For the

22 fourth or subsequent offense in a 24-month period, the person

23 shall be fined $800 if his or her employer has a training

24 program that facilitates compliance with minimum-age tobacco

25 laws. For the purposes of this subsection, the 24-month period

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1 shall begin with the person's first violation of the Act. The

2 penalties in this subsection are in addition to any other

3 penalties prescribed under the Cigarette Tax Act and the

4 Tobacco Products Tax Act of 1995.

5 (a-5) Any retailer who violates subsection (a) or (a-5) of

6 Section 1 ~~or subsection (b) or (c) of Section 1.5~~ of this Act

7 is guilty of a petty offense. For the first offense, the

8 retailer shall be fined $200 if it does not have a training

9 program that facilitates compliance with minimum-age tobacco

10 laws. For the second offense, the retailer shall be fined $400

11 if it does not have a training program that facilitates

12 compliance with minimum-age tobacco laws. For the third

13 offense, the retailer shall be fined $600 if it does not have a

14 training program that facilitates compliance with minimum-age

15 tobacco laws. For the fourth or subsequent offense in a

16 24-month period, the retailer shall be fined $800 if it does

17 not have a training program that facilitates compliance with

18 minimum-age tobacco laws. For the purposes of this subsection,

19 the 24-month period shall begin with the person's first

20 violation of the Act. The penalties in this subsection are in

21 addition to any other penalties prescribed under the Cigarette

22 Tax Act and the Tobacco Products Tax Act of 1995.

23 (a-6) For the purpose of this Act, a training program that

24 facilitates compliance with minimum-age tobacco laws must

25 include at least the following elements: (i) it must explain

26 that only individuals displaying valid identification

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1 demonstrating that they are 21 ~~18~~ years of age or older shall

2 be eligible to purchase cigarettes, ~~or~~ tobacco products, or

3 electronic cigarettes and (ii) it must explain where a clerk

4 can check identification for a date of birth. The training may

5 be conducted electronically. Each retailer that has a training

6 program shall require each employee who completes the training

7 program to sign a form attesting that the employee has received

8 and completed tobacco training. The form shall be kept in the

9 employee's file and may be used to provide proof of training.

10 (b) If a minor violates subsection (a-7) of Section 1, ~~or~~

11 ~~subsection (d) of Section 1.5~~ he or she is guilty of a petty

12 offense and the court may impose a sentence of 25 hours of

13 community service and a fine of $50 for a first violation. If a

14 minor violates subsection (a-6) of Section 1, he or she is

15 guilty of a Class A misdemeanor.

16 (c) A second violation by a minor of subsection (a-7) of

17 Section 1 ~~or subsection (d) of Section 1.5~~that occurs within

18 12 months after the first violation is punishable by a fine of

19 $75 and 50 hours of community service.

20 (d) A third or subsequent violation by a minor of

21 subsection (a-7) of Section 1~~or subsection (d) of Section 1.5~~

22 that occurs within 12 months after the first violation is

23 punishable by a $200 fine and 50 hours of community service.

24 (e) Any second or subsequent violation not within the

25 12-month time period after the first violation is punishable as

26 provided for a first violation.

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1 (f) If a minor is convicted of or placed on supervision for

2 a violation of subsection (a-6) or (a-7) of Section 1~~or~~

3 ~~subsection (d) of Section 1.5~~, the court may, in its

4 discretion, and upon recommendation by the State's Attorney,

5 order that minor and his or her parents or legal guardian to

6 attend a smoker's education or youth diversion program if that

7 program is available in the jurisdiction where the offender

8 resides. Attendance at a smoker's education or youth diversion

9 program shall be time-credited against any community service

10 time imposed for any first violation of subsection (a-7) of

11 Section 1. In addition to any other penalty that the court may

12 impose for a violation of subsection (a-7) of Section 1 ~~or~~

13 ~~subsection (d) of Section 1.5~~, the court, upon request by the

14 State's Attorney, may in its discretion require the offender to

15 remit a fee for his or her attendance at a smoker's education

16 or youth diversion program.

17 (g) For purposes of this Section, "smoker's education

18 program" or "youth diversion program" includes, but is not

19 limited to, a seminar designed to educate a person on the

20 physical and psychological effects of smoking tobacco products

21 and electronic cigarettes ~~alternative nicotine products~~ and

22 the health consequences of smoking tobacco products and

23 electronic cigarettes ~~alternative nicotine products~~ that can

24 be conducted with a locality's youth diversion program.

25 (h) All moneys collected as fines for violations of

26 subsection (a), (a-5), (a-5.1), (a-6), ~~or~~ (a-7), (a-8), (b), or

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1 (d)of Section 1~~and subsection (b), (c), or (d) of Section 1.5~~

2 shall be distributed in the following manner:

3 (1) one-half of each fine shall be distributed to the

4 unit of local government or other entity that successfully

5 prosecuted the offender; and

6 (2) one-half shall be remitted to the State to be used

7 for enforcing this Act.

8 Any violation of subsection (a) or (a-5) of Section 1 ~~or~~

9 ~~subsection (b) or (c) of Section 1.5~~ shall be reported to the

10 Department of Revenue within 7 business days.

11 (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16;

12 99-192, eff. 1-1-16; 99-496, eff. 6-1-16.)

13 (720 ILCS 675/1.5 rep.)

14 Section 30. The Prevention of Tobacco Use by Minors and

15 Sale and Distribution of Tobacco Products Act is amended by

16 repealing Section 1.5.

17 Section 35. The Display of Tobacco Products Act is amended

18 by changing Sections 5, 10, and 15 as follows:

19 (720 ILCS 677/5)

20 Sec. 5. Definitions. In this Act:

21 "Electronic cigarette" ~~"Alternative nicotine product"~~ has

22 the meaning ascribed to it in Section 1 ~~1.5~~ of the Prevention

23 of Tobacco Use by Persons under 21 Years of Age ~~Minors~~ and Sale

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1 and Distribution of Tobacco Products Act.

2 "Line of sight" means visible to a cashier or other

3 employee.

4 "Age restricted area" means a signed designated area in a

5 retail establishment to which persons ~~minors~~ under 21 ~~18~~ years

6 of age are not permitted access unless accompanied by a parent

7 or legal guardian.

8 (Source: P.A. 98-983, eff. 1-1-15.)

9 (720 ILCS 677/10)

10 Sec. 10. Tobacco product displays. All single packs of

11 cigarettes and electronic cigarettes ~~alternative nicotine~~

12 ~~products~~ must be sold from behind the counter or in an age

13 restricted area or in a sealed display case. Any other tobacco

14 products must be sold in line of sight.

15 The restrictions described in this Section do not apply to

16 a retail tobacco store that (i) derives at least 90% of its

17 revenue from tobacco and tobacco related products; (ii) does

18 not permit persons under the age of 21 ~~18~~to enter the premises

19 unless accompanied by a parent or legal guardian; and (iii)

20 posts a sign on the main entrance way stating that persons

21 under the age of 21 ~~18~~ are prohibited from entering unless

22 accompanied by a parent or legal guardian.

23 (Source: P.A. 98-983, eff. 1-1-15.)

24 (720 ILCS 677/15)

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1 Sec. 15. Vending machines. This Act does not prohibit the

2 sale of tobacco products from vending machines if the location

3 of the vending machines are in compliance with the provisions

4 of Section 1 of the Prevention of Tobacco Use byPersons under

5 21 Years of Age ~~Minors~~ and Sale and Distribution of Tobacco

6 Products Act.

7 (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;

8 96-1000, eff. 7-2-10.)

9 Section 40. The Smokeless Tobacco Limitation Act is amended

10 by changing the title of the Act and Sections 3 and 4 as

11 follows:

12 (720 ILCS 680/Act title)

13 An Act to prohibit the sale or distribution of smokeless

14 tobacco products to persons under21 ~~18~~ years of age.

15 (720 ILCS 680/3) (from Ch. 23, par. 2358-23)

16 Sec. 3. No person shall sell any smokeless tobacco product

17 to any person under the age of21 ~~18~~. Any person who violates

18 this Section shall be guilty of a business offense punishable

19 by a fine of not more than $50 for each violation.

20 (Source: P.A. 85-465.)

21 (720 ILCS 680/4) (from Ch. 23, par. 2358-24)

22 Sec. 4. No person shall distribute or cause to be

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1 distributed to any person under the age of21 ~~18~~, without

2 charge or at a nominal cost, any smokeless tobacco product. Any

3 person who violates this Section shall be guilty of a business

4 offense punishable for a first offense by a fine of $200, for a

5 second offense in a 12-month period by a fine of $400, and for

6 the third or any subsequent offense in a 12-month period by a

7 fine of $600. One-half of each fine collected under this

8 Section shall be distributed to the unit of local government or

9 other entity that successfully prosecuted the offender and

10 one-half shall be remitted to the State to be used for the

11 enforcement of this Act.

12 (Source: P.A. 88-418.)

13 Section 95. No acceleration or delay. Where this Act makes

14 changes in a statute that is represented in this Act by text

15 that is not yet or no longer in effect (for example, a Section

16 represented by multiple versions), the use of that text does

17 not accelerate or delay the taking effect of (i) the changes

18 made by this Act or (ii) provisions derived from any other

19 Public Act.