Bill Text: IL SB3678 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a person under 18 years of age shall not possess an alternative nicotine product. Establishes penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3678 Detail]

Download: Illinois-2013-SB3678-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3678 Introduced 1/6/2015, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
720 ILCS 675/1.5
720 ILCS 675/2 from Ch. 23, par. 2358
Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a person under 18 years of age shall not possess an alternative nicotine product. Establishes penalties.
LRB098 23271 RLC 62321 b
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Prevention of Tobacco Use by Minors and Sale
and Distribution of Tobacco Products Act is amended by changing
Sections 1.5 and 2 as follows:
(720 ILCS 675/1.5)
Sec. 1.5. Distribution of alternative nicotine products to
persons under 18 years of age prohibited.
(a) For the purposes of this Section, "alternative nicotine
product" means a product or device not consisting of or
containing tobacco that provides for the ingestion into the
body of nicotine, whether by chewing, smoking, absorbing,
dissolving, inhaling, snorting, sniffing, or by any other
means. "Alternative nicotine product" excludes cigarettes,
smokeless tobacco, or other tobacco products as these terms are
defined in Section 1 of this Act and any product approved by
the United States Food and Drug Administration as a non-tobacco
product for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being
marketed and sold solely for that approved purpose.
(b) A person, either directly or indirectly by an agent or
employee, or by a vending machine owned by the person or

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located in the person's establishment, may not sell, offer for
sale, give, or furnish any alternative nicotine product, or any
cartridge or component of an alternative nicotine product, to a
person under 18 years of age.
(c) Before selling, offering for sale, giving, or
furnishing an alternative nicotine product, or any cartridge or
component of an alternative nicotine product, to another
person, the person selling, offering for sale, giving, or
furnishing the alternative nicotine product shall verify that
the person is at least 18 years of age by:
(1) examining from any person that appears to be under
27 years of age a government-issued photographic
identification that establishes the person is at least 18
years of age or
(2) for sales made though the Internet or other remote
sales methods, performing an age verification through an
independent, third-party age verification service that
compares information available from public records to the
personal information entered by the person during the
ordering process that establishes the person is 18 years of
age or older.
(d) A person under 18 years of age shall not possess an
alternative nicotine product.
(Source: P.A. 98-350, eff. 1-1-14.)
(720 ILCS 675/2) (from Ch. 23, par. 2358)

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(Text of Section before amendment by P.A. 98-1055)
Sec. 2. Penalties.
(a) Any person who violates subsection (a), (a-5), or (a-6)
of Section 1 or Section 1.5 of this Act is guilty of a petty
offense and for the first offense shall be fined $200, $400 for
the second offense in a 12-month period, and $600 for the third
or any subsequent offense in a 12-month period.
(b) If a minor violates subsection (a-7) of Section 1 or
subsection (d) of Section 1.5 he or she is guilty of a petty
offense and the court may impose a sentence of 15 hours of
community service or a fine of $25 for a first violation.
(c) A second violation by a minor of subsection (a-7) of
Section 1 or subsection (d) of Section 1.5 that occurs within
12 months after the first violation is punishable by a fine of
$50 and 25 hours of community service.
(d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 or subsection (d) of Section 1.5
that occurs within 12 months after the first violation is
punishable by a $100 fine and 30 hours of community service.
(e) Any second or subsequent violation not within the
12-month time period after the first violation is punishable as
provided for a first violation.
(f) If a minor is convicted of or placed on supervision for
a violation of subsection (a-7) of Section 1 or subsection (d)
of Section 1.5, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and

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his or her parents or legal guardian to attend a smoker's
education or youth diversion program if that program is
available in the jurisdiction where the offender resides.
Attendance at a smoker's education or youth diversion program
shall be time-credited against any community service time
imposed for any first violation of subsection (a-7) of Section
1 or subsection (d) of Section 1.5. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 or subsection (d) of Section 1.5, the court,
upon request by the State's Attorney, may in its discretion
require the offender to remit a fee for his or her attendance
at a smoker's education or youth diversion program.
(g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and alternative nicotine products and the health consequences
of smoking tobacco products and alternative nicotine products
that can be conducted with a locality's youth diversion
program.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
subsection (d) of Section 1.5 shall be distributed in the
following manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully

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prosecuted the offender; and
(2) one-half shall be remitted to the State to be used
for enforcing this Act.
(Source: P.A. 98-350, eff. 1-1-14.)
(Text of Section after amendment by P.A. 98-1055)
Sec. 2. Penalties.
(a) Any person who violates subsection (a) or (a-5) of
Section 1 or Section 1.5 of this Act is guilty of a petty
offense. For the first offense in a 24-month period, the person
shall be fined $200 if his or her employer has a training
program that facilitates compliance with minimum-age tobacco
laws. For the second offense in a 24-month period, the person
shall be fined $400 if his or her employer has a training
program that facilitates compliance with minimum-age tobacco
laws. For the third offense in a 24-month period, the person
shall be fined $600 if his or her employer has a training
program that facilitates compliance with minimum-age tobacco
laws. For the fourth or subsequent offense in a 24-month
period, the person shall be fined $800 if his or her employer
has a training program that facilitates compliance with
minimum-age tobacco laws. For the purposes of this subsection,
the 24-month period shall begin with the person's first
violation of the Act. The penalties in this subsection are in
addition to any other penalties prescribed under the Cigarette
Tax Act and the Tobacco Products Tax Act of 1995.

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(a-5) Any person who violates subsection (a) or (a-5) of
Section 1 or Section 1.5 of this Act is guilty of a petty
offense. For the first offense, the retailer shall be fined
$200 if it does not have a training program that facilitates
compliance with minimum-age tobacco laws. For the second
offense, the retailer shall be fined $400 if it does not have a
training program that facilitates compliance with minimum-age
tobacco laws. For the third offense, the retailer shall be
fined $600 if it does not have a training program that
facilitates compliance with minimum-age tobacco laws. For the
fourth or subsequent offense in a 24-month period, the retailer
shall be fined $800 if it does not have a training program that
facilitates compliance with minimum-age tobacco laws. For the
purposes of this subsection, the 24-month period shall begin
with the person's first violation of the Act. The penalties in
this subsection are in addition to any other penalties
prescribed under the Cigarette Tax Act and the Tobacco Products
Tax Act of 1995.
(a-6) For the purpose of this Act, a training program that
facilitates compliance with minimum-age tobacco laws must
include at least the following elements: (i) it must explain
that only individuals displaying valid identification
demonstrating that they are 18 years of age or older shall be
eligible to purchase cigarettes or tobacco products; (ii) it
must explain where a clerk can check identification for a date
of birth; and (iii) it must explain the penalties that a clerk

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and retailer are subject to for violations of the Prevention of
Tobacco Use by Minors and Sale and Distribution of Tobacco
Products Act.
(b) If a minor violates subsection (a-7) of Section 1 or
subsection (d) of Section 1.5 he or she is guilty of a petty
offense and the court may impose a sentence of 25 hours of
community service and a fine of $50 for a first violation. If a
minor violates subsection (a-6) of Section 1, he or she is
guilty of a Class A misdemeanor.
(c) A second violation by a minor of subsection (a-7) of
Section 1 or subsection (d) of Section 1.5 that occurs within
12 months after the first violation is punishable by a fine of
$75 and 50 hours of community service.
(d) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 or subsection (d) of Section 1.5
that occurs within 12 months after the first violation is
punishable by a $200 fine and 50 hours of community service.
(e) Any second or subsequent violation not within the
12-month time period after the first violation is punishable as
provided for a first violation.
(f) If a minor is convicted of or placed on supervision for
a violation of subsection (a-6) or (a-7) of Section 1 or
subsection (d) of Section 1.5, the court may, in its
discretion, and upon recommendation by the State's Attorney,
order that minor and his or her parents or legal guardian to
attend a smoker's education or youth diversion program if that

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program is available in the jurisdiction where the offender
resides. Attendance at a smoker's education or youth diversion
program shall be time-credited against any community service
time imposed for any first violation of subsection (a-7) of
Section 1 or subsection (d) of Section 1.5. In addition to any
other penalty that the court may impose for a violation of
subsection (a-7) of Section 1 or subsection (d) of Section 1.5,
the court, upon request by the State's Attorney, may in its
discretion require the offender to remit a fee for his or her
attendance at a smoker's education or youth diversion program.
(g) For purposes of this Section, "smoker's education
program" or "youth diversion program" includes, but is not
limited to, a seminar designed to educate a person on the
physical and psychological effects of smoking tobacco products
and alternative nicotine products and the health consequences
of smoking tobacco products and alternative nicotine products
that can be conducted with a locality's youth diversion
program.
(h) All moneys collected as fines for violations of
subsection (a), (a-5), (a-6), or (a-7) of Section 1 and
subsection (d) of Section 1.5 shall be distributed in the
following manner:
(1) one-half of each fine shall be distributed to the
unit of local government or other entity that successfully
prosecuted the offender; and
(2) one-half shall be remitted to the State to be used

SB3678 - 9 - LRB098 23271 RLC 62321 b
for enforcing this Act.
Any violation of subsection (a) or (a-5) of Section 1 or
Section 1.5 shall be reported to the Department of Revenue
within 7 business days.
(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.