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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Prevention of Tobacco Use by
Minors and Sale | |||||||||||||||||||||
| 5 | and Distribution of Tobacco Products Act is amended by changing | |||||||||||||||||||||
| 6 | Sections 1.5 and 2 as follows:
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| 7 | (720 ILCS 675/1.5) | |||||||||||||||||||||
| 8 | Sec. 1.5. Distribution of alternative nicotine products to | |||||||||||||||||||||
| 9 | persons under 18 years of age prohibited. | |||||||||||||||||||||
| 10 | (a) For the purposes of this Section, "alternative nicotine | |||||||||||||||||||||
| 11 | product" means a product or device not consisting of or | |||||||||||||||||||||
| 12 | containing tobacco that provides for the ingestion into the | |||||||||||||||||||||
| 13 | body of nicotine, whether by chewing, smoking, absorbing, | |||||||||||||||||||||
| 14 | dissolving, inhaling, snorting, sniffing, or by any other | |||||||||||||||||||||
| 15 | means. "Alternative nicotine product" excludes cigarettes, | |||||||||||||||||||||
| 16 | smokeless tobacco, or other tobacco products as these terms are | |||||||||||||||||||||
| 17 | defined in Section 1 of this Act and any product approved by | |||||||||||||||||||||
| 18 | the United States Food and Drug Administration as a non-tobacco | |||||||||||||||||||||
| 19 | product for sale as a tobacco cessation product, as a tobacco | |||||||||||||||||||||
| 20 | dependence product, or for other medical purposes, and is being | |||||||||||||||||||||
| 21 | marketed and sold solely for that approved purpose. | |||||||||||||||||||||
| 22 | (b) A person, either directly or indirectly by an agent or | |||||||||||||||||||||
| 23 | employee, or by a vending machine
owned by the person or | |||||||||||||||||||||
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| 1 | located in the person's establishment, may not sell, offer for | ||||||
| 2 | sale, give,
or furnish any alternative nicotine product, or any | ||||||
| 3 | cartridge or component of an alternative nicotine product, to a | ||||||
| 4 | person under 18 years of age. | ||||||
| 5 | (c) Before selling, offering for sale, giving, or | ||||||
| 6 | furnishing an alternative nicotine product, or any cartridge
or | ||||||
| 7 | component of an alternative nicotine product, to another | ||||||
| 8 | person, the person selling, offering for sale, giving, or | ||||||
| 9 | furnishing the alternative nicotine product shall verify that | ||||||
| 10 | the
person is at least 18 years of age by: | ||||||
| 11 | (1) examining from any person that appears to
be under | ||||||
| 12 | 27 years of age a government-issued photographic | ||||||
| 13 | identification that establishes
the person is at least 18 | ||||||
| 14 | years of age or | ||||||
| 15 | (2) for sales made though the Internet or other
remote | ||||||
| 16 | sales methods, performing an age verification through an | ||||||
| 17 | independent, third-party
age verification service that | ||||||
| 18 | compares information available from public records to the
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| 19 | personal information entered by the person during the | ||||||
| 20 | ordering process that establishes
the person is 18 years of | ||||||
| 21 | age or older.
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| 22 | (d) A person under 18 years of age shall not possess an | ||||||
| 23 | alternative nicotine product. | ||||||
| 24 | (Source: P.A. 98-350, eff. 1-1-14.)
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| 25 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
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| 1 | (Text of Section before amendment by P.A. 98-1055) | ||||||
| 2 | Sec. 2. Penalties. | ||||||
| 3 | (a) Any person who violates subsection (a), (a-5), or (a-6) | ||||||
| 4 | of Section 1
or Section 1.5 of this Act is guilty of a
petty | ||||||
| 5 | offense and
for the first offense
shall be fined $200, $400 for | ||||||
| 6 | the
second offense in a 12-month period, and
$600 for the third | ||||||
| 7 | or any
subsequent
offense in a 12-month period.
| ||||||
| 8 | (b) If a minor violates subsection (a-7) of Section 1 or | ||||||
| 9 | subsection (d) of Section 1.5 he or she is guilty of a petty | ||||||
| 10 | offense and the court may
impose a sentence of 15 hours of
| ||||||
| 11 | community
service or a fine of $25 for a first violation.
| ||||||
| 12 | (c) A second violation by a minor of subsection (a-7) of | ||||||
| 13 | Section 1 or subsection (d) of Section 1.5 that occurs
within | ||||||
| 14 | 12 months after the first violation is punishable by a fine of | ||||||
| 15 | $50 and
25
hours of community service.
| ||||||
| 16 | (d) A third or subsequent violation by a minor of | ||||||
| 17 | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | ||||||
| 18 | that
occurs within 12 months after the first violation is | ||||||
| 19 | punishable by a $100
fine
and 30 hours of community service.
| ||||||
| 20 | (e) Any second or subsequent violation not within the | ||||||
| 21 | 12-month time period
after
the first violation is punishable as | ||||||
| 22 | provided for a first violation.
| ||||||
| 23 | (f) If a minor is convicted of or placed on supervision for | ||||||
| 24 | a violation of
subsection (a-7) of Section 1 or subsection (d) | ||||||
| 25 | of Section 1.5, the court may, in its discretion, and upon
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| 26 | recommendation by the State's Attorney, order that minor and | ||||||
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| 1 | his or her parents
or legal
guardian to attend a smoker's | ||||||
| 2 | education or youth diversion program if that
program is | ||||||
| 3 | available in the jurisdiction where the offender resides.
| ||||||
| 4 | Attendance at a smoker's education or youth diversion program
| ||||||
| 5 | shall be time-credited against any community service time | ||||||
| 6 | imposed for any
first violation of subsection (a-7) of Section | ||||||
| 7 | 1 or subsection (d) of Section 1.5. In addition to any other
| ||||||
| 8 | penalty
that the court may impose for a violation of subsection | ||||||
| 9 | (a-7) of Section 1 or subsection (d) of Section 1.5, the
court, | ||||||
| 10 | upon request by the State's Attorney, may in its discretion
| ||||||
| 11 | require
the offender to remit a fee for his or her attendance | ||||||
| 12 | at a smoker's
education or
youth diversion program.
| ||||||
| 13 | (g) For purposes of this Section, "smoker's education
| ||||||
| 14 | program"
or
"youth diversion program" includes, but is not | ||||||
| 15 | limited to, a seminar designed
to educate a person on the | ||||||
| 16 | physical and psychological effects of smoking
tobacco products | ||||||
| 17 | and alternative nicotine products and the health consequences | ||||||
| 18 | of smoking tobacco products
and alternative nicotine products | ||||||
| 19 | that can be conducted with a locality's youth diversion | ||||||
| 20 | program.
| ||||||
| 21 | (h) All moneys collected as fines for violations of | ||||||
| 22 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | ||||||
| 23 | subsection (d) of Section 1.5 shall be distributed in the | ||||||
| 24 | following manner:
| ||||||
| 25 | (1) one-half of each fine shall be distributed to the | ||||||
| 26 | unit of local
government or other entity that successfully | ||||||
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| 1 | prosecuted the offender;
and
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| 2 | (2) one-half shall be remitted to the State to be used | ||||||
| 3 | for enforcing this
Act.
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| 4 | (Source: P.A. 98-350, eff. 1-1-14.)
| ||||||
| 5 | (Text of Section after amendment by P.A. 98-1055) | ||||||
| 6 | Sec. 2. Penalties. | ||||||
| 7 | (a) Any person who violates subsection (a) or (a-5) of | ||||||
| 8 | Section 1 or Section 1.5 of this Act is guilty of a petty | ||||||
| 9 | offense. For the first offense in a 24-month period, the person | ||||||
| 10 | shall be fined $200 if his or her employer has a training | ||||||
| 11 | program that facilitates compliance with minimum-age tobacco | ||||||
| 12 | laws. For the second offense in a 24-month period, the person | ||||||
| 13 | shall be fined $400 if his or her employer has a training | ||||||
| 14 | program that facilitates compliance with minimum-age tobacco | ||||||
| 15 | laws. For the third offense in a 24-month period, the person | ||||||
| 16 | shall be fined $600 if his or her employer has a training | ||||||
| 17 | program that facilitates compliance with minimum-age tobacco | ||||||
| 18 | laws. For the fourth or subsequent offense in a 24-month | ||||||
| 19 | period, the person shall be fined $800 if his or her employer | ||||||
| 20 | has a training program that facilitates compliance with | ||||||
| 21 | minimum-age tobacco laws. For the purposes of this subsection, | ||||||
| 22 | the 24-month period shall begin with the person's first | ||||||
| 23 | violation of the Act. The penalties in this subsection are in | ||||||
| 24 | addition to any other penalties prescribed under the Cigarette | ||||||
| 25 | Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
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| 1 | (a-5) Any person who violates subsection (a) or (a-5) of | ||||||
| 2 | Section 1 or Section 1.5 of this Act is guilty of a petty | ||||||
| 3 | offense. For the first offense, the retailer shall be fined | ||||||
| 4 | $200 if it does not have a training program that facilitates | ||||||
| 5 | compliance with minimum-age tobacco laws. For the second | ||||||
| 6 | offense, the retailer shall be fined $400 if it does not have a | ||||||
| 7 | training program that facilitates compliance with minimum-age | ||||||
| 8 | tobacco laws. For the third offense, the retailer shall be | ||||||
| 9 | fined $600 if it does not have a training program that | ||||||
| 10 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
| 11 | fourth or subsequent offense in a 24-month period, the retailer | ||||||
| 12 | shall be fined $800 if it does not have a training program that | ||||||
| 13 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
| 14 | purposes of this subsection, the 24-month period shall begin | ||||||
| 15 | with the person's first violation of the Act. The penalties in | ||||||
| 16 | this subsection are in addition to any other penalties | ||||||
| 17 | prescribed under the Cigarette Tax Act and the Tobacco Products | ||||||
| 18 | Tax Act of 1995. | ||||||
| 19 | (a-6) For the purpose of this Act, a training program that | ||||||
| 20 | facilitates compliance with minimum-age tobacco laws must | ||||||
| 21 | include at least the following elements: (i) it must explain | ||||||
| 22 | that only individuals displaying valid identification | ||||||
| 23 | demonstrating that they are 18 years of age or older shall be | ||||||
| 24 | eligible to purchase cigarettes or tobacco products; (ii) it | ||||||
| 25 | must explain where a clerk can check identification for a date | ||||||
| 26 | of birth; and (iii) it must explain the penalties that a clerk | ||||||
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| 1 | and retailer are subject to for violations of the Prevention of | ||||||
| 2 | Tobacco Use by Minors and Sale and Distribution of Tobacco | ||||||
| 3 | Products Act.
| ||||||
| 4 | (b) If a minor violates subsection (a-7) of Section 1 or | ||||||
| 5 | subsection (d) of Section 1.5 he or she is guilty of a petty | ||||||
| 6 | offense and the court may
impose a sentence of 25 hours of
| ||||||
| 7 | community
service and a fine of $50 for a first violation. If a | ||||||
| 8 | minor violates subsection (a-6) of Section 1, he or she is | ||||||
| 9 | guilty of a Class A misdemeanor.
| ||||||
| 10 | (c) A second violation by a minor of subsection (a-7) of | ||||||
| 11 | Section 1 or subsection (d) of Section 1.5 that occurs
within | ||||||
| 12 | 12 months after the first violation is punishable by a fine of | ||||||
| 13 | $75 and 50
hours of community service.
| ||||||
| 14 | (d) A third or subsequent violation by a minor of | ||||||
| 15 | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | ||||||
| 16 | that
occurs within 12 months after the first violation is | ||||||
| 17 | punishable by a $200
fine
and 50 hours of community service.
| ||||||
| 18 | (e) Any second or subsequent violation not within the | ||||||
| 19 | 12-month time period
after
the first violation is punishable as | ||||||
| 20 | provided for a first violation.
| ||||||
| 21 | (f) If a minor is convicted of or placed on supervision for | ||||||
| 22 | a violation of
subsection (a-6) or (a-7) of Section 1 or | ||||||
| 23 | subsection (d) of Section 1.5, the court may, in its | ||||||
| 24 | discretion, and upon
recommendation by the State's Attorney, | ||||||
| 25 | order that minor and his or her parents
or legal
guardian to | ||||||
| 26 | attend a smoker's education or youth diversion program if that
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| |||||||
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| 1 | program is available in the jurisdiction where the offender | ||||||
| 2 | resides.
Attendance at a smoker's education or youth diversion | ||||||
| 3 | program
shall be time-credited against any community service | ||||||
| 4 | time imposed for any
first violation of subsection (a-7) of | ||||||
| 5 | Section 1 or subsection (d) of Section 1.5. In addition to any | ||||||
| 6 | other
penalty
that the court may impose for a violation of | ||||||
| 7 | subsection (a-7) of Section 1 or subsection (d) of Section 1.5, | ||||||
| 8 | the
court, upon request by the State's Attorney, may in its | ||||||
| 9 | discretion
require
the offender to remit a fee for his or her | ||||||
| 10 | attendance at a smoker's
education or
youth diversion program.
| ||||||
| 11 | (g) For purposes of this Section, "smoker's education
| ||||||
| 12 | program"
or
"youth diversion program" includes, but is not | ||||||
| 13 | limited to, a seminar designed
to educate a person on the | ||||||
| 14 | physical and psychological effects of smoking
tobacco products | ||||||
| 15 | and alternative nicotine products and the health consequences | ||||||
| 16 | of smoking tobacco products
and alternative nicotine products | ||||||
| 17 | that can be conducted with a locality's youth diversion | ||||||
| 18 | program.
| ||||||
| 19 | (h) All moneys collected as fines for violations of | ||||||
| 20 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | ||||||
| 21 | subsection (d) of Section 1.5 shall be distributed in the | ||||||
| 22 | following manner:
| ||||||
| 23 | (1) one-half of each fine shall be distributed to the | ||||||
| 24 | unit of local
government or other entity that successfully | ||||||
| 25 | prosecuted the offender;
and
| ||||||
| 26 | (2) one-half shall be remitted to the State to be used | ||||||
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| 1 | for enforcing this
Act.
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| 2 | Any violation of subsection (a) or (a-5) of Section 1 or | ||||||
| 3 | Section 1.5 shall be reported to the Department of Revenue | ||||||
| 4 | within 7 business days. | ||||||
| 5 | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
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| 6 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 7 | changes in a statute that is represented in this Act by text | ||||||
| 8 | that is not yet or no longer in effect (for example, a Section | ||||||
| 9 | represented by multiple versions), the use of that text does | ||||||
| 10 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 11 | made by this Act or (ii) provisions derived from any other | ||||||
| 12 | Public Act.
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