100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4297

 

Introduced , by Rep. Camille Y. Lilly

 

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 678/1
720 ILCS 678/5
720 ILCS 678/6
720 ILCS 678/7
720 ILCS 678/8
720 ILCS 680/Act rep.
720 ILCS 685/2  from Ch. 23, par. 2358-2
720 ILCS 685/4  from Ch. 23, par. 2358-4

    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, electronic cigarettes, and alternative nicotine products 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 the Smokeless Tobacco Limitation Act. Amends various other Acts to make conforming changes.


LRB100 16754 RLC 31894 b

 

 

A BILL FOR

 

HB4297LRB100 16754 RLC 31894 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Cigarette Tax Act is amended by changing
5Section 6 as follows:
 
6    (35 ILCS 130/6)  (from Ch. 120, par. 453.6)
7    Sec. 6. Revocation, cancellation, or suspension of
8license. The Department may, after notice and hearing as
9provided for by this Act, revoke, cancel or suspend the license
10of any distributor, secondary distributor, or retailer for the
11violation of any provision of this Act, or for noncompliance
12with any provision herein contained, or for any noncompliance
13with any lawful rule or regulation promulgated by the
14Department under Section 8 of this Act, or because the licensee
15is determined to be ineligible for a distributor's license for
16any one or more of the reasons provided for in Section 4 of
17this Act, or because the licensee is determined to be
18ineligible for a secondary distributor's license for any one or
19more of the reasons provided for in Section 4c of this Act, or
20because the licensee is determined to be ineligible for a
21retailer's license for any one or more of the reasons provided
22for in Section 4g of this Act. However, no such license shall
23be revoked, cancelled or suspended, except after a hearing by

 

 

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1the Department with notice to the distributor, secondary
2distributor, or retailer, as aforesaid, and affording such
3distributor, secondary distributor, or retailer a reasonable
4opportunity to appear and defend, and any distributor,
5secondary distributor, or retailer aggrieved by any decision of
6the Department with respect thereto may have the determination
7of the Department judicially reviewed, as herein provided.
8    The Department may revoke, cancel, or suspend the license
9of any distributor for a violation of the Tobacco Product
10Manufacturers' Escrow Enforcement Act as provided in Section 30
11of that Act. The Department may revoke, cancel, or suspend the
12license of any secondary distributor for a violation of
13subsection (e) of Section 15 of the Tobacco Product
14Manufacturers' Escrow Enforcement Act.
15    If the retailer has a training program that facilitates
16compliance with minimum-age tobacco laws, the Department shall
17suspend for 3 days the license of that retailer for a fourth or
18subsequent violation of the Prevention of Tobacco Use by
19Persons under 21 Years of Age Minors and Sale and Distribution
20of Tobacco Products Act, as provided in subsection (a) of
21Section 2 of that Act. For the purposes of this Section, any
22violation of subsection (a) of Section 2 of the Prevention of
23Tobacco Use by Persons under 21 Years of Age Minors and Sale
24and Distribution of Tobacco Products Act occurring at the
25retailer's licensed location during a 24-month period shall be
26counted as a violation against the retailer.

 

 

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1    If the retailer does not have a training program that
2facilitates compliance with minimum-age tobacco laws, the
3Department shall suspend for 3 days the license of that
4retailer for a second violation of the Prevention of Tobacco
5Use by Persons under 21 Years of Age Minors and Sale and
6Distribution 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
9facilitates compliance with minimum-age tobacco laws, the
10Department shall suspend for 7 days the license of that
11retailer for a third violation of the Prevention of Tobacco Use
12by Persons under 21 Years of Age Minors and Sale and
13Distribution 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
16facilitates compliance with minimum-age tobacco laws, the
17Department shall suspend for 30 days the license of a retailer
18for a fourth or subsequent violation of the Prevention of
19Tobacco Use by Persons under 21 Years of Age Minors and Sale
20and Distribution of Tobacco Products Act, as provided in
21subsection (a-5) of Section 2 of that Act.
22    A training program that facilitates compliance with
23minimum-age tobacco laws must include at least the following
24elements: (i) it must explain that only individuals displaying
25valid identification demonstrating that they are 21 18 years of
26age or older shall be eligible to purchase cigarettes or

 

 

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1tobacco products and (ii) it must explain where a clerk can
2check identification for a date of birth. The training may be
3conducted electronically. Each retailer that has a training
4program shall require each employee who completes the training
5program to sign a form attesting that the employee has received
6and completed tobacco training. The form shall be kept in the
7employee's file and may be used to provide proof of training.
8    Any distributor, secondary distributor, or retailer
9aggrieved by any decision of the Department under this Section
10may, within 20 days after notice of the decision, protest and
11request a hearing. Upon receiving a request for a hearing, the
12Department shall give notice in writing to the distributor,
13secondary distributor, or retailer requesting the hearing that
14contains a statement of the charges preferred against the
15distributor, secondary distributor, or retailer and that
16states the time and place fixed for the hearing. The Department
17shall hold the hearing in conformity with the provisions of
18this Act and then issue its final administrative decision in
19the matter to the distributor, secondary distributor, or
20retailer. In the absence of a protest and request for a hearing
21within 20 days, the Department's decision shall become final
22without any further determination being made or notice given.
23    No license so revoked, as aforesaid, shall be reissued to
24any such distributor, secondary distributor, or retailer
25within a period of 6 months after the date of the final
26determination of such revocation. No such license shall be

 

 

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1reissued at all so long as the person who would receive the
2license is ineligible to receive a distributor's license under
3this Act for any one or more of the reasons provided for in
4Section 4 of this Act, is ineligible to receive a secondary
5distributor's license under this Act for any one or more of the
6reasons provided for in Section 4c of this Act, or is
7determined to be ineligible for a retailer's license under the
8Act for any one or more of the reasons provided for in Section
94g of this Act.
10    The Department upon complaint filed in the circuit court
11may by injunction restrain any person who fails, or refuses, to
12comply with any of the provisions of this Act from acting as a
13distributor, secondary distributor, or retailer of cigarettes
14in 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
17by 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,
21cancel, or suspend the license of any distributor or retailer
22who violates any of the provisions of this Act. The notice
23shall specify the alleged violation or violations upon which
24the revocation, cancellation, or suspension proceeding is

 

 

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1based.
2    (b) The Department may revoke, cancel, or suspend the
3license of any distributor for a violation of the Tobacco
4Product Manufacturers' Escrow Enforcement Act as provided in
5Section 20 of that Act.
6    (c) If the retailer has a training program that facilitates
7compliance with minimum-age tobacco laws, the Department shall
8suspend for 3 days the license of that retailer for a fourth or
9subsequent violation of the Prevention of Tobacco Use by
10Persons under 21 Years of Age Minors and Sale and Distribution
11of Tobacco Products Act, as provided in subsection (a) of
12Section 2 of that Act. For the purposes of this Section, any
13violation of subsection (a) of Section 2 of the Prevention of
14Tobacco Use by Persons under 21 Years of Age Minors and Sale
15and Distribution of Tobacco Products Act occurring at the
16retailer's licensed location, during a 24-month period, shall
17be counted as a violation against the retailer.
18    If the retailer does not have a training program that
19facilitates compliance with minimum-age tobacco laws, the
20Department shall suspend for 3 days the license of that
21retailer for a second violation of the Prevention of Tobacco
22Use by Persons under 21 years of age Minors and Sale and
23Distribution 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
26facilitates compliance with minimum-age tobacco laws, the

 

 

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1Department shall suspend for 7 days the license of that
2retailer for a third violation of the Prevention of Tobacco Use
3by Persons under 21 Years of Age Minors and Sale and
4Distribution 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
7facilitates compliance with minimum-age tobacco laws, the
8Department shall suspend for 30 days the license of a retailer
9for a fourth or subsequent violation of the Prevention of
10Tobacco Use by Persons under 21 Years of Age Minors and Sale
11and Distribution of Tobacco Products Act, as provided in
12subsection (a-5) of Section 2 of that Act.
13    A training program that facilitates compliance with
14minimum-age tobacco laws must include at least the following
15elements: (i) it must explain that only individuals displaying
16valid identification demonstrating that they are 21 18 years of
17age or older shall be eligible to purchase cigarettes or
18tobacco products and (ii) it must explain where a clerk can
19check identification for a date of birth. The training may be
20conducted electronically. Each retailer that has a training
21program shall require each employee who completes the training
22program to sign a form attesting that the employee has received
23and completed tobacco training. The form shall be kept in the
24employee's file and may be used to provide proof of training.
25    (d) The Department may, by application to any circuit
26court, obtain an injunction restraining any person who engages

 

 

HB4297- 8 -LRB100 16754 RLC 31894 b

1in business as a distributor of tobacco products without a
2license (either because his or her license has been revoked,
3canceled, or suspended or because of a failure to obtain a
4license in the first instance) from engaging in that business
5until that person, as if that person were a new applicant for a
6license, complies with all of the conditions, restrictions, and
7requirements of Section 10-20 of this Act and qualifies for and
8obtains a license. Refusal or neglect to obey the order of the
9court 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
12changing 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,
16functions, 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. An
12    action for a violation of this Act shall be commenced by
13    the State Commission within 2 years after the date the
14    State Commission becomes aware of the violation.
15        In lieu of suspending or revoking a license, the
16    commission may impose a fine, upon the State commission's
17    determination and notice after hearing, that a licensee has
18    violated any provision of this Act or any rule or
19    regulation issued pursuant thereto and in effect for 30
20    days prior to such violation.
21        For the purpose of this paragraph (1), when determining
22    multiple violations for the sale of alcohol to a person
23    under the age of 21, a second or subsequent violation for
24    the sale of alcohol to a person under the age of 21 shall
25    only be considered if it was committed within 5 years after
26    the date when a prior violation for the sale of alcohol to

 

 

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1    a person under the age of 21 was committed.
2        The fine imposed under this paragraph may not exceed
3    $500 for each violation. Each day that the activity, which
4    gave rise to the original fine, continues is a separate
5    violation. The maximum fine that may be levied against any
6    licensee, for the period of the license, shall not exceed
7    $20,000. The maximum penalty that may be imposed on a
8    licensee for selling a bottle of alcoholic liquor with a
9    foreign object in it or serving from a bottle of alcoholic
10    liquor with a foreign object in it shall be the destruction
11    of that bottle of alcoholic liquor for the first 10 bottles
12    so sold or served from by the licensee. For the eleventh
13    bottle of alcoholic liquor and for each third bottle
14    thereafter sold or served from by the licensee with a
15    foreign object in it, the maximum penalty that may be
16    imposed on the licensee is the destruction of the bottle of
17    alcoholic liquor and a fine of up to $50.
18        Any notice issued by the State Commission to a licensee
19    for a violation of this Act or any notice with respect to
20    settlement or offer in compromise shall include the field
21    report, photographs, and any other supporting
22    documentation necessary to reasonably inform the licensee
23    of the nature and extent of the violation or the conduct
24    alleged to have occurred.
25        (2) To adopt such rules and regulations consistent with
26    the provisions of this Act which shall be necessary to

 

 

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1    carry on its functions and duties to the end that the
2    health, safety and welfare of the People of the State of
3    Illinois shall be protected and temperance in the
4    consumption of alcoholic liquors shall be fostered and
5    promoted and to distribute copies of such rules and
6    regulations to all licensees affected thereby.
7        (3) To call upon other administrative departments of
8    the State, county and municipal governments, county and
9    city police departments and upon prosecuting officers for
10    such information and assistance as it deems necessary in
11    the performance of its duties.
12        (4) To recommend to local commissioners rules and
13    regulations, not inconsistent with the law, for the
14    distribution and sale of alcoholic liquors throughout the
15    State.
16        (5) To inspect, or cause to be inspected, any premises
17    in this State where alcoholic liquors are manufactured,
18    distributed, warehoused, or sold. Nothing in this Act
19    authorizes an agent of the Commission to inspect private
20    areas within the premises without reasonable suspicion or a
21    warrant during an inspection. "Private areas" include, but
22    are not limited to, safes, personal property, and closed
23    desks.
24        (5.1) Upon receipt of a complaint or upon having
25    knowledge that any person is engaged in business as a
26    manufacturer, importing distributor, distributor, or

 

 

HB4297- 12 -LRB100 16754 RLC 31894 b

1    retailer without a license or valid license, to notify the
2    local liquor authority, file a complaint with the State's
3    Attorney's Office of the county where the incident
4    occurred, or initiate an investigation with the
5    appropriate law enforcement officials.
6        (5.2) To issue a cease and desist notice to persons
7    shipping alcoholic liquor into this State from a point
8    outside of this State if the shipment is in violation of
9    this Act.
10        (5.3) To receive complaints from licensees, local
11    officials, law enforcement agencies, organizations, and
12    persons stating that any licensee has been or is violating
13    any provision of this Act or the rules and regulations
14    issued pursuant to this Act. Such complaints shall be in
15    writing, signed and sworn to by the person making the
16    complaint, and shall state with specificity the facts in
17    relation to the alleged violation. If the Commission has
18    reasonable grounds to believe that the complaint
19    substantially alleges a violation of this Act or rules and
20    regulations adopted pursuant to this Act, it shall conduct
21    an investigation. If, after conducting an investigation,
22    the Commission is satisfied that the alleged violation did
23    occur, it shall proceed with disciplinary action against
24    the licensee as provided in this Act.
25        (6) To hear and determine appeals from orders of a
26    local commission in accordance with the provisions of this

 

 

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1    Act, as hereinafter set forth. Hearings under this
2    subsection shall be held in Springfield or Chicago, at
3    whichever location is the more convenient for the majority
4    of persons who are parties to the hearing.
5        (7) The commission shall establish uniform systems of
6    accounts to be kept by all retail licensees having more
7    than 4 employees, and for this purpose the commission may
8    classify all retail licensees having more than 4 employees
9    and establish a uniform system of accounts for each class
10    and prescribe the manner in which such accounts shall be
11    kept. The commission may also prescribe the forms of
12    accounts to be kept by all retail licensees having more
13    than 4 employees, including but not limited to accounts of
14    earnings and expenses and any distribution, payment, or
15    other distribution of earnings or assets, and any other
16    forms, records and memoranda which in the judgment of the
17    commission may be necessary or appropriate to carry out any
18    of the provisions of this Act, including but not limited to
19    such forms, records and memoranda as will readily and
20    accurately disclose at all times the beneficial ownership
21    of such retail licensed business. The accounts, forms,
22    records and memoranda shall be available at all reasonable
23    times for inspection by authorized representatives of the
24    State commission or by any local liquor control
25    commissioner or his or her authorized representative. The
26    commission, may, from time to time, alter, amend or repeal,

 

 

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1    in whole or in part, any uniform system of accounts, or the
2    form and manner of keeping accounts.
3        (8) In the conduct of any hearing authorized to be held
4    by the commission, to appoint, at the commission's
5    discretion, hearing officers to conduct hearings involving
6    complex issues or issues that will require a protracted
7    period of time to resolve, to examine, or cause to be
8    examined, under oath, any licensee, and to examine or cause
9    to be examined the books and records of such licensee; to
10    hear testimony and take proof material for its information
11    in the discharge of its duties hereunder; to administer or
12    cause to be administered oaths; for any such purpose to
13    issue subpoena or subpoenas to require the attendance of
14    witnesses and the production of books, which shall be
15    effective in any part of this State, and to adopt rules to
16    implement its powers under this paragraph (8).
17        Any Circuit Court may by order duly entered, require
18    the attendance of witnesses and the production of relevant
19    books subpoenaed by the State commission and the court may
20    compel obedience to its order by proceedings for contempt.
21        (9) To investigate the administration of laws in
22    relation to alcoholic liquors in this and other states and
23    any foreign countries, and to recommend from time to time
24    to the Governor and through him or her to the legislature
25    of this State, such amendments to this Act, if any, as it
26    may think desirable and as will serve to further the

 

 

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1    general broad purposes contained in Section 1-2 hereof.
2        (10) To adopt such rules and regulations consistent
3    with the provisions of this Act which shall be necessary
4    for the control, sale or disposition of alcoholic liquor
5    damaged as a result of an accident, wreck, flood, fire or
6    other similar occurrence.
7        (11) To develop industry educational programs related
8    to responsible serving and selling, particularly in the
9    areas of overserving consumers and illegal underage
10    purchasing and consumption of alcoholic beverages.
11        (11.1) To license persons providing education and
12    training to alcohol beverage sellers and servers for
13    mandatory and non-mandatory training under the Beverage
14    Alcohol Sellers and Servers Education and Training
15    (BASSET) programs and to develop and administer a public
16    awareness program in Illinois to reduce or eliminate the
17    illegal purchase and consumption of alcoholic beverage
18    products by persons under the age of 21. Application for a
19    license shall be made on forms provided by the State
20    Commission.
21        (12) To develop and maintain a repository of license
22    and regulatory information.
23        (13) (Blank). On or before January 15, 1994, the
24    Commission shall issue a written report to the Governor and
25    General Assembly that is to be based on a comprehensive
26    study of the impact on and implications for the State of

 

 

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1    Illinois of Section 1926 of the federal ADAMHA
2    Reorganization Act of 1992 (Public Law 102-321). This study
3    shall address the extent to which Illinois currently
4    complies with the provisions of P.L. 102-321 and the rules
5    promulgated pursuant thereto.
6        As part of its report, the Commission shall provide the
7    following essential information:
8            (i) the number of retail distributors of tobacco
9        products, by type and geographic area, in the State;
10            (ii) the number of reported citations and
11        successful convictions, categorized by type and
12        location of retail distributor, for violation of the
13        Prevention of Tobacco Use by Minors and Sale and
14        Distribution of Tobacco Products Act and the Smokeless
15        Tobacco Limitation Act;
16            (iii) the extent and nature of organized
17        educational and governmental activities that are
18        intended to promote, encourage or otherwise secure
19        compliance with any Illinois laws that prohibit the
20        sale or distribution of tobacco products to minors; and
21            (iv) the level of access and availability of
22        tobacco products to individuals under the age of 18.
23        To obtain the data necessary to comply with the
24    provisions of P.L. 102-321 and the requirements of this
25    report, the Commission shall conduct random, unannounced
26    inspections of a geographically and scientifically

 

 

HB4297- 17 -LRB100 16754 RLC 31894 b

1    representative sample of the State's retail tobacco
2    distributors.
3        The Commission shall consult with the Department of
4    Public Health, the Department of Human Services, the
5    Illinois State Police and any other executive branch
6    agency, and private organizations that may have
7    information relevant to this report.
8        The Commission may contract with the Food and Drug
9    Administration of the U.S. Department of Health and Human
10    Services to conduct unannounced investigations of Illinois
11    tobacco vendors to determine compliance with federal laws
12    relating to the illegal sale of cigarettes and smokeless
13    tobacco products to persons under the age of 18.
14        (14) On or before April 30, 2008 and every 2 years
15    thereafter, the Commission shall present a written report
16    to the Governor and the General Assembly that shall be
17    based on a study of the impact of Public Act 95-634 on the
18    business of soliciting, selling, and shipping wine from
19    inside and outside of this State directly to residents of
20    this State. As part of its report, the Commission shall
21    provide all of the following information:
22            (A) The amount of State excise and sales tax
23        revenues generated.
24            (B) The amount of licensing fees received.
25            (C) The number of cases of wine shipped from inside
26        and outside of this State directly to residents of this

 

 

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1        State.
2            (D) The number of alcohol compliance operations
3        conducted.
4            (E) The number of winery shipper's licenses
5        issued.
6            (F) The number of each of the following: reported
7        violations; cease and desist notices issued by the
8        Commission; notices of violations issued by the
9        Commission and to the Department of Revenue; and
10        notices and complaints of violations to law
11        enforcement officials, including, without limitation,
12        the Illinois Attorney General and the U.S. Department
13        of Treasury's Alcohol and Tobacco Tax and Trade Bureau.
14        (15) As a means to reduce the underage consumption of
15    alcoholic liquors, the Commission shall conduct alcohol
16    compliance operations to investigate whether businesses
17    that are soliciting, selling, and shipping wine from inside
18    or outside of this State directly to residents of this
19    State are licensed by this State or are selling or
20    attempting to sell wine to persons under 21 years of age in
21    violation of this Act.
22        (16) The Commission shall, in addition to notifying any
23    appropriate law enforcement agency, submit notices of
24    complaints or violations of Sections 6-29 and 6-29.1 by
25    persons who do not hold a winery shipper's license under
26    this Act to the Illinois Attorney General and to the U.S.

 

 

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1    Department of Treasury's Alcohol and Tobacco Tax and Trade
2    Bureau.
3        (17)(A) A person licensed to make wine under the laws
4    of another state who has a winery shipper's license under
5    this Act and annually produces less than 25,000 gallons of
6    wine or a person who has a first-class or second-class wine
7    manufacturer's license, a first-class or second-class
8    wine-maker's license, or a limited wine manufacturer's
9    license under this Act and annually produces less than
10    25,000 gallons of wine may make application to the
11    Commission for a self-distribution exemption to allow the
12    sale of not more than 5,000 gallons of the exemption
13    holder's wine to retail licensees per year.
14        (B) In the application, which shall be sworn under
15    penalty of perjury, such person shall state (1) the date it
16    was established; (2) its volume of production and sales for
17    each year since its establishment; (3) its efforts to
18    establish distributor relationships; (4) that a
19    self-distribution exemption is necessary to facilitate the
20    marketing of its wine; and (5) that it will comply with the
21    liquor and revenue laws of the United States, this State,
22    and any other state where it is licensed.
23        (C) The Commission shall approve the application for a
24    self-distribution exemption if such person: (1) is in
25    compliance with State revenue and liquor laws; (2) is not a
26    member of any affiliated group that produces more than

 

 

HB4297- 20 -LRB100 16754 RLC 31894 b

1    25,000 gallons of wine per annum or produces any other
2    alcoholic liquor; (3) will not annually produce for sale
3    more than 25,000 gallons of wine; and (4) will not annually
4    sell more than 5,000 gallons of its wine to retail
5    licensees.
6        (D) A self-distribution exemption holder shall
7    annually certify to the Commission its production of wine
8    in the previous 12 months and its anticipated production
9    and sales for the next 12 months. The Commission may fine,
10    suspend, or revoke a self-distribution exemption after a
11    hearing if it finds that the exemption holder has made a
12    material misrepresentation in its application, violated a
13    revenue or liquor law of Illinois, exceeded production of
14    25,000 gallons of wine in any calendar year, or become part
15    of an affiliated group producing more than 25,000 gallons
16    of wine or any other alcoholic liquor.
17        (E) Except in hearings for violations of this Act or
18    Public Act 95-634 or a bona fide investigation by duly
19    sworn law enforcement officials, the Commission, or its
20    agents, the Commission shall maintain the production and
21    sales information of a self-distribution exemption holder
22    as confidential and shall not release such information to
23    any person.
24        (F) The Commission shall issue regulations governing
25    self-distribution exemptions consistent with this Section
26    and this Act.

 

 

HB4297- 21 -LRB100 16754 RLC 31894 b

1        (G) Nothing in this subsection (17) shall prohibit a
2    self-distribution exemption holder from entering into or
3    simultaneously having a distribution agreement with a
4    licensed Illinois distributor.
5        (H) It is the intent of this subsection (17) to promote
6    and continue orderly markets. The General Assembly finds
7    that in order to preserve Illinois' regulatory
8    distribution system it is necessary to create an exception
9    for smaller makers of wine as their wines are frequently
10    adjusted in varietals, mixes, vintages, and taste to find
11    and create market niches sometimes too small for
12    distributor or importing distributor business strategies.
13    Limited self-distribution rights will afford and allow
14    smaller makers of wine access to the marketplace in order
15    to develop a customer base without impairing the integrity
16    of the 3-tier system.
17        (18)(A) A class 1 brewer licensee, who must also be
18    either a licensed brewer or licensed non-resident dealer
19    and annually manufacture less than 930,000 gallons of beer,
20    may make application to the State Commission for a
21    self-distribution exemption to allow the sale of not more
22    than 232,500 gallons of the exemption holder's beer to
23    retail licensees per year.
24        (B) In the application, which shall be sworn under
25    penalty of perjury, the class 1 brewer licensee shall state
26    (1) the date it was established; (2) its volume of beer

 

 

HB4297- 22 -LRB100 16754 RLC 31894 b

1    manufactured and sold for each year since its
2    establishment; (3) its efforts to establish distributor
3    relationships; (4) that a self-distribution exemption is
4    necessary to facilitate the marketing of its beer; and (5)
5    that it will comply with the alcoholic beverage and revenue
6    laws of the United States, this State, and any other state
7    where it is licensed.
8        (C) Any application submitted shall be posted on the
9    State Commission's website at least 45 days prior to action
10    by the State Commission. The State Commission shall approve
11    the application for a self-distribution exemption if the
12    class 1 brewer licensee: (1) is in compliance with the
13    State, revenue, and alcoholic beverage laws; (2) is not a
14    member of any affiliated group that manufactures more than
15    930,000 gallons of beer per annum or produces any other
16    alcoholic beverages; (3) shall not annually manufacture
17    for sale more than 930,000 gallons of beer; (4) shall not
18    annually sell more than 232,500 gallons of its beer to
19    retail licensees; and (5) has relinquished any brew pub
20    license held by the licensee, including any ownership
21    interest it held in the licensed brew pub.
22        (D) A self-distribution exemption holder shall
23    annually certify to the State Commission its manufacture of
24    beer during the previous 12 months and its anticipated
25    manufacture and sales of beer for the next 12 months. The
26    State Commission may fine, suspend, or revoke a

 

 

HB4297- 23 -LRB100 16754 RLC 31894 b

1    self-distribution exemption after a hearing if it finds
2    that the exemption holder has made a material
3    misrepresentation in its application, violated a revenue
4    or alcoholic beverage law of Illinois, exceeded the
5    manufacture of 930,000 gallons of beer in any calendar year
6    or became part of an affiliated group manufacturing more
7    than 930,000 gallons of beer or any other alcoholic
8    beverage.
9        (E) The State Commission shall issue rules and
10    regulations governing self-distribution exemptions
11    consistent with this Act.
12        (F) Nothing in this paragraph (18) shall prohibit a
13    self-distribution exemption holder from entering into or
14    simultaneously having a distribution agreement with a
15    licensed Illinois importing distributor or a distributor.
16    If a self-distribution exemption holder enters into a
17    distribution agreement and has assigned distribution
18    rights to an importing distributor or distributor, then the
19    self-distribution exemption holder's distribution rights
20    in the assigned territories shall cease in a reasonable
21    time not to exceed 60 days.
22        (G) It is the intent of this paragraph (18) to promote
23    and continue orderly markets. The General Assembly finds
24    that in order to preserve Illinois' regulatory
25    distribution system, it is necessary to create an exception
26    for smaller manufacturers in order to afford and allow such

 

 

HB4297- 24 -LRB100 16754 RLC 31894 b

1    smaller manufacturers of beer access to the marketplace in
2    order to develop a customer base without impairing the
3    integrity of the 3-tier system.
4    (b) On or before April 30, 1999, the Commission shall
5present a written report to the Governor and the General
6Assembly that shall be based on a study of the impact of Public
7Act 90-739 on the business of soliciting, selling, and shipping
8alcoholic liquor from outside of this State directly to
9residents of this State.
10    As part of its report, the Commission shall provide the
11following information:
12        (i) the amount of State excise and sales tax revenues
13    generated as a result of Public Act 90-739;
14        (ii) the amount of licensing fees received as a result
15    of Public Act 90-739;
16        (iii) the number of reported violations, the number of
17    cease and desist notices issued by the Commission, the
18    number of notices of violations issued to the Department of
19    Revenue, and the number of notices and complaints of
20    violations to law enforcement officials.
21(Source: P.A. 99-78, eff. 7-20-15; 99-448, eff. 8-24-15;
22100-134, eff. 8-18-17; 100-201, eff. 8-18-17.)
 
23    (235 ILCS 5/6-16.1)
24    Sec. 6-16.1. Enforcement actions.
25    (a) A licensee or an officer, associate, member,

 

 

HB4297- 25 -LRB100 16754 RLC 31894 b

1representative, agent, or employee of a licensee may sell,
2give, or deliver alcoholic liquor to a person under the age of
321 years or authorize the sale, gift, or delivery of alcoholic
4liquor to a person under the age of 21 years pursuant to a plan
5or action to investigate, patrol, or otherwise conduct a "sting
6operation" or enforcement action against a person employed by
7the licensee or on any licensed premises if the licensee or
8officer, associate, member, representative, agent, or employee
9of the licensee provides written notice, at least 14 days
10before the "sting operation" or enforcement action, unless
11governing body of the municipality or county having
12jurisdiction sets a shorter period by ordinance, to the law
13enforcement agency having jurisdiction, the local liquor
14control commissioner, or both. Notice provided under this
15Section shall be valid for a "sting operation" or enforcement
16action conducted within 60 days of the provision of that
17notice, unless the governing body of the municipality or county
18having jurisdiction sets a shorter period by ordinance.
19    (b) A local liquor control commission or unit of local
20government that conducts alcohol and tobacco compliance
21operations shall establish a policy and standards for alcohol
22and tobacco compliance operations to investigate whether a
23licensee is furnishing (1) alcoholic liquor to persons under 21
24years of age in violation of this Act or (2) tobacco to persons
25in violation of the Prevention of Tobacco Use by Persons under
2621 Years of Age Minors and Sale and Distribution of Tobacco

 

 

HB4297- 26 -LRB100 16754 RLC 31894 b

1Products Act.
2    (c) The Illinois Law Enforcement Training Standards Board
3shall develop a model policy and guidelines for the operation
4of alcohol and tobacco compliance checks by local law
5enforcement officers. The Illinois Law Enforcement Training
6Standards Board shall also require the supervising officers of
7such compliance checks to have met a minimum training standard
8as determined by the Board. The Board shall have the right to
9waive any training based on current written policies and
10procedures for alcohol and tobacco compliance check operations
11and in-service training already administered by the local law
12enforcement agency, department, or office.
13    (d) The provisions of subsections (b) and (c) do not apply
14to 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
16than 2,000,000 inhabitants, may not regulate enforcement
17actions in a manner inconsistent with the regulation of
18enforcement actions under this Section. This subsection (e) is
19a limitation under subsection (i) of Section 6 of Article VII
20of the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22    (f) A licensee who is the subject of an enforcement action
23or "sting operation" under this Section and is found, pursuant
24to the enforcement action, to be in compliance with this Act
25shall be notified by the enforcement agency action that no
26violation was found within 30 days after the finding.

 

 

HB4297- 27 -LRB100 16754 RLC 31894 b

1(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
296-1000, eff. 7-2-10.)
 
3    Section 20. The Juvenile Court Act of 1987 is amended by
4changing 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
8supervision for an offense other than first degree murder, a
9Class 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

 

 

HB4297- 28 -LRB100 16754 RLC 31894 b

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
5to order a continuance of the hearing for the production of
6additional evidence or for any other proper reason.
7    (4) When a hearing where a minor is alleged to be a
8delinquent is continued pursuant to this Section, the period of
9continuance under supervision may not exceed 24 months. The
10court may terminate a continuance under supervision at any time
11if warranted by the conduct of the minor and the ends of
12justice or vacate the finding of delinquency or both.
13    (5) When a hearing where a minor is alleged to be
14delinquent is continued pursuant to this Section, the court
15may, as conditions of the continuance under supervision,
16require 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

 

 

HB4297- 29 -LRB100 16754 RLC 31894 b

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;

 

 

HB4297- 30 -LRB100 16754 RLC 31894 b

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

 

 

HB4297- 31 -LRB100 16754 RLC 31894 b

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
4subsection (5) shall be given a certificate setting forth the
5conditions imposed by the court. Those conditions may be
6reduced, enlarged, or modified by the court on motion of the
7probation officer or on its own motion, or that of the State's
8Attorney, or, at the request of the minor after notice and
9hearing.
10    (7) If a petition is filed charging a violation of a
11condition of the continuance under supervision, the court shall
12conduct a hearing. If the court finds that a condition of
13supervision has not been fulfilled, the court may proceed to
14findings, adjudication, and disposition or adjudication and
15disposition. The filing of a petition for violation of a
16condition of the continuance under supervision shall toll the
17period of continuance under supervision until the final
18determination of the charge, and the term of the continuance
19under supervision shall not run until the hearing and
20disposition of the petition for violation; provided where the
21petition alleges conduct that does not constitute a criminal
22offense, the hearing must be held within 30 days of the filing
23of the petition unless a delay shall continue the tolling of
24the period of continuance under supervision for the period of
25the delay.
26    (8) When a hearing in which a minor is alleged to be a

 

 

HB4297- 32 -LRB100 16754 RLC 31894 b

1delinquent for reasons that include a violation of Section
221-1.3 of the Criminal Code of 1961 or the Criminal Code of
32012 is continued under this Section, the court shall, as a
4condition of the continuance under supervision, require the
5minor to perform community service for not less than 30 and not
6more than 120 hours, if community service is available in the
7jurisdiction. The community service shall include, but need not
8be limited to, the cleanup and repair of the damage that was
9caused by the alleged violation or similar damage to property
10located in the municipality or county in which the alleged
11violation occurred. The condition may be in addition to any
12other condition.
13    (8.5) When a hearing in which a minor is alleged to be a
14delinquent for reasons that include a violation of Section 3.02
15or 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
171961 or paragraph (4) of subsection (a) of Section 21-1 or the
18Criminal Code of 2012 is continued under this Section, the
19court shall, as a condition of the continuance under
20supervision, require the minor to undergo medical or
21psychiatric treatment rendered by a psychiatrist or
22psychological treatment rendered by a clinical psychologist.
23The condition may be in addition to any other condition.
24    (9) When a hearing in which a minor is alleged to be a
25delinquent is continued under this Section, the court, before
26continuing the case, shall make a finding whether the offense

 

 

HB4297- 33 -LRB100 16754 RLC 31894 b

1alleged to have been committed either: (i) was related to or in
2furtherance of the activities of an organized gang or was
3motivated by the minor's membership in or allegiance to an
4organized gang, or (ii) is a violation of paragraph (13) of
5subsection (a) of Section 12-2 or paragraph (2) of subsection
6(c) of Section 12-2 of the Criminal Code of 1961 or the
7Criminal Code of 2012, a violation of any Section of Article 24
8of the Criminal Code of 1961 or the Criminal Code of 2012, or a
9violation of any statute that involved the unlawful use of a
10firearm. If the court determines the question in the
11affirmative the court shall, as a condition of the continuance
12under supervision and as part of or in addition to any other
13condition of the supervision, require the minor to perform
14community service for not less than 30 hours, provided that
15community service is available in the jurisdiction and is
16funded and approved by the county board of the county where the
17offense was committed. The community service shall include, but
18need not be limited to, the cleanup and repair of any damage
19caused by an alleged violation of Section 21-1.3 of the
20Criminal Code of 1961 or the Criminal Code of 2012 and similar
21damage to property located in the municipality or county in
22which the alleged violation occurred. When possible and
23reasonable, the community service shall be performed in the
24minor's neighborhood. For the purposes of this Section,
25"organized gang" has the meaning ascribed to it in Section 10
26of the Illinois Streetgang Terrorism Omnibus Prevention Act.

 

 

HB4297- 34 -LRB100 16754 RLC 31894 b

1    (10) The court shall impose upon a minor placed on
2supervision, as a condition of the supervision, a fee of $50
3for each month of supervision ordered by the court, unless
4after determining the inability of the minor placed on
5supervision to pay the fee, the court assesses a lesser amount.
6The court may not impose the fee on a minor who is placed in the
7guardianship or custody of the Department of Children and
8Family Services under this Act while the minor is in placement.
9The fee shall be imposed only upon a minor who is actively
10supervised by the probation and court services department. A
11court may order the parent, guardian, or legal custodian of the
12minor to pay some or all of the fee on the minor's behalf.
13    (11) (Blank). If a minor is placed on supervision for a
14violation of subsection (a-7) of Section 1 of the Prevention of
15Tobacco Use by Minors Act, the court may, in its discretion,
16and upon recommendation by the State's Attorney, order that
17minor and his or her parents or legal guardian to attend a
18smoker's education or youth diversion program as defined in
19that Act if that program is available in the jurisdiction where
20the offender resides. Attendance at a smoker's education or
21youth diversion program shall be time-credited against any
22community service time imposed for any first violation of
23subsection (a-7) of Section 1 of that Act. In addition to any
24other penalty that the court may impose for a violation of
25subsection (a-7) of Section 1 of that Act, the court, upon
26request by the State's Attorney, may in its discretion require

 

 

HB4297- 35 -LRB100 16754 RLC 31894 b

1the offender to remit a fee for his or her attendance at a
2smoker's education or youth diversion program.
3    For purposes of this Section, "smoker's education program"
4or "youth diversion program" includes, but is not limited to, a
5seminar designed to educate a person on the physical and
6psychological effects of smoking tobacco products and the
7health consequences of smoking tobacco products that can be
8conducted with a locality's youth diversion program.
9    In addition to any other penalty that the court may impose
10under this subsection (11):
11        (a) If a minor violates subsection (a-7) of Section 1
12    of the Prevention of Tobacco Use by Minors Act, the court
13    may impose a sentence of 15 hours of community service or a
14    fine of $25 for a first violation.
15        (b) A second violation by a minor of subsection (a-7)
16    of Section 1 of that Act that occurs within 12 months after
17    the first violation is punishable by a fine of $50 and 25
18    hours of community service.
19        (c) A third or subsequent violation by a minor of
20    subsection (a-7) of Section 1 of that Act that occurs
21    within 12 months after the first violation is punishable by
22    a $100 fine and 30 hours of community service.
23        (d) Any second or subsequent violation not within the
24    12-month time period after the first violation is
25    punishable as provided for a first violation.
26(Source: P.A. 100-159, eff. 8-18-17.)
 

 

 

HB4297- 36 -LRB100 16754 RLC 31894 b

1    (705 ILCS 405/5-710)
2    Sec. 5-710. Kinds of sentencing orders.
3    (1) The following kinds of sentencing orders may be made in
4respect of wards of the court:
5        (a) Except as provided in Sections 5-805, 5-810, and
6    5-815, a minor who is found guilty under Section 5-620 may
7    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

 

 

HB4297- 37 -LRB100 16754 RLC 31894 b

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

 

 

HB4297- 38 -LRB100 16754 RLC 31894 b

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;

 

 

HB4297- 39 -LRB100 16754 RLC 31894 b

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 monitoring or home
22        detention under Part 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

 

 

HB4297- 40 -LRB100 16754 RLC 31894 b

1    Justice shall be made only if the minor was found guilty of
2    a felony offense or first degree murder. The court shall
3    include in the sentencing order any pre-custody credits the
4    minor is entitled to under Section 5-4.5-100 of the Unified
5    Code of Corrections. The time during which a minor is in
6    custody before being released upon the request of a parent,
7    guardian or legal custodian shall also be considered as
8    time spent in custody.
9        (c) When a minor is found to be guilty for an offense
10    which is a violation of the Illinois Controlled Substances
11    Act, the Cannabis Control Act, or the Methamphetamine
12    Control and Community Protection Act and made a ward of the
13    court, the court may enter a disposition order requiring
14    the minor to undergo assessment, counseling or treatment in
15    a substance abuse program approved by the Department of
16    Human Services.
17    (2) Any sentencing order other than commitment to the
18Department of Juvenile Justice may provide for protective
19supervision under Section 5-725 and may include an order of
20protection under Section 5-730.
21    (3) Unless the sentencing order expressly so provides, it
22does not operate to close proceedings on the pending petition,
23but is subject to modification until final closing and
24discharge of the proceedings under Section 5-750.
25    (4) In addition to any other sentence, the court may order
26any minor found to be delinquent to make restitution, in

 

 

HB4297- 41 -LRB100 16754 RLC 31894 b

1monetary or non-monetary form, under the terms and conditions
2of Section 5-5-6 of the Unified Code of Corrections, except
3that the "presentencing hearing" referred to in that Section
4shall be the sentencing hearing for purposes of this Section.
5The parent, guardian or legal custodian of the minor may be
6ordered by the court to pay some or all of the restitution on
7the minor's behalf, pursuant to the Parental Responsibility
8Law. The State's Attorney is authorized to act on behalf of any
9victim in seeking restitution in proceedings under this
10Section, up to the maximum amount allowed in Section 5 of the
11Parental Responsibility Law.
12    (5) Any sentencing order where the minor is committed or
13placed in accordance with Section 5-740 shall provide for the
14parents or guardian of the estate of the minor to pay to the
15legal custodian or guardian of the person of the minor such
16sums as are determined by the custodian or guardian of the
17person of the minor as necessary for the minor's needs. The
18payments may not exceed the maximum amounts provided for by
19Section 9.1 of the Children and Family Services Act.
20    (6) Whenever the sentencing order requires the minor to
21attend school or participate in a program of training, the
22truant officer or designated school official shall regularly
23report to the court if the minor is a chronic or habitual
24truant under Section 26-2a of the School Code. Notwithstanding
25any other provision of this Act, in instances in which
26educational services are to be provided to a minor in a

 

 

HB4297- 42 -LRB100 16754 RLC 31894 b

1residential facility where the minor has been placed by the
2court, costs incurred in the provision of those educational
3services must be allocated based on the requirements of the
4School Code.
5    (7) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for a period of time in excess
7of that period for which an adult could be committed for the
8same act. The court shall include in the sentencing order a
9limitation on the period of confinement not to exceed the
10maximum period of imprisonment the court could impose under
11Article V of the Unified Code of Corrections.
12    (7.5) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice or placed in detention when the
14act for which the minor was adjudicated delinquent would not be
15illegal if committed by an adult.
16    (7.6) In no event shall a guilty minor be committed to the
17Department of Juvenile Justice for an offense which is a Class
184 felony under Section 19-4 (criminal trespass to a residence),
1921-1 (criminal damage to property), 21-1.01 (criminal damage to
20government supported property), 21-1.3 (criminal defacement of
21property), 26-1 (disorderly conduct), or 31-4 (obstructing
22justice) of the Criminal Code of 2012.
23    (7.75) In no event shall a guilty minor be committed to the
24Department of Juvenile Justice for an offense that is a Class 3
25or Class 4 felony violation of the Illinois Controlled
26Substances Act unless the commitment occurs upon a third or

 

 

HB4297- 43 -LRB100 16754 RLC 31894 b

1subsequent judicial finding of a violation of probation for
2substantial noncompliance with court-ordered treatment or
3programming.
4    (8) A minor found to be guilty for reasons that include a
5violation of Section 21-1.3 of the Criminal Code of 1961 or the
6Criminal Code of 2012 shall be ordered to perform community
7service for not less than 30 and not more than 120 hours, if
8community service is available in the jurisdiction. The
9community service shall include, but need not be limited to,
10the cleanup and repair of the damage that was caused by the
11violation or similar damage to property located in the
12municipality or county in which the violation occurred. The
13order may be in addition to any other order authorized by this
14Section.
15    (8.5) A minor found to be guilty for reasons that include a
16violation of Section 3.02 or Section 3.03 of the Humane Care
17for Animals Act or paragraph (d) of subsection (1) of Section
1821-1 of the Criminal Code of 1961 or paragraph (4) of
19subsection (a) of Section 21-1 of the Criminal Code of 2012
20shall be ordered to undergo medical or psychiatric treatment
21rendered by a psychiatrist or psychological treatment rendered
22by a clinical psychologist. The order may be in addition to any
23other order authorized by this Section.
24    (9) In addition to any other sentencing order, the court
25shall order any minor found to be guilty for an act which would
26constitute, predatory criminal sexual assault of a child,

 

 

HB4297- 44 -LRB100 16754 RLC 31894 b

1aggravated criminal sexual assault, criminal sexual assault,
2aggravated criminal sexual abuse, or criminal sexual abuse if
3committed by an adult to undergo medical testing to determine
4whether the defendant has any sexually transmissible disease
5including a test for infection with human immunodeficiency
6virus (HIV) or any other identified causative agency of
7acquired immunodeficiency syndrome (AIDS). Any medical test
8shall be performed only by appropriately licensed medical
9practitioners and may include an analysis of any bodily fluids
10as well as an examination of the minor's person. Except as
11otherwise provided by law, the results of the test shall be
12kept strictly confidential by all medical personnel involved in
13the testing and must be personally delivered in a sealed
14envelope to the judge of the court in which the sentencing
15order was entered for the judge's inspection in camera. Acting
16in accordance with the best interests of the victim and the
17public, the judge shall have the discretion to determine to
18whom the results of the testing may be revealed. The court
19shall notify the minor of the results of the test for infection
20with the human immunodeficiency virus (HIV). The court shall
21also notify the victim if requested by the victim, and if the
22victim is under the age of 15 and if requested by the victim's
23parents or legal guardian, the court shall notify the victim's
24parents or the legal guardian, of the results of the test for
25infection with the human immunodeficiency virus (HIV). The
26court shall provide information on the availability of HIV

 

 

HB4297- 45 -LRB100 16754 RLC 31894 b

1testing and counseling at the Department of Public Health
2facilities to all parties to whom the results of the testing
3are revealed. The court shall order that the cost of any test
4shall be paid by the county and may be taxed as costs against
5the minor.
6    (10) When a court finds a minor to be guilty the court
7shall, before entering a sentencing order under this Section,
8make a finding whether the offense committed either: (a) was
9related to or in furtherance of the criminal activities of an
10organized gang or was motivated by the minor's membership in or
11allegiance to an organized gang, or (b) involved a violation of
12subsection (a) of Section 12-7.1 of the Criminal Code of 1961
13or the Criminal Code of 2012, a violation of any Section of
14Article 24 of the Criminal Code of 1961 or the Criminal Code of
152012, or a violation of any statute that involved the wrongful
16use of a firearm. If the court determines the question in the
17affirmative, and the court does not commit the minor to the
18Department of Juvenile Justice, the court shall order the minor
19to perform community service for not less than 30 hours nor
20more than 120 hours, provided that community service is
21available in the jurisdiction and is funded and approved by the
22county board of the county where the offense was committed. The
23community service shall include, but need not be limited to,
24the cleanup and repair of any damage caused by a violation of
25Section 21-1.3 of the Criminal Code of 1961 or the Criminal
26Code of 2012 and similar damage to property located in the

 

 

HB4297- 46 -LRB100 16754 RLC 31894 b

1municipality or county in which the violation occurred. When
2possible and reasonable, the community service shall be
3performed in the minor's neighborhood. This order shall be in
4addition to any other order authorized by this Section except
5for an order to place the minor in the custody of the
6Department of Juvenile Justice. For the purposes of this
7Section, "organized gang" has the meaning ascribed to it in
8Section 10 of the Illinois Streetgang Terrorism Omnibus
9Prevention Act.
10    (11) If the court determines that the offense was committed
11in furtherance of the criminal activities of an organized gang,
12as provided in subsection (10), and that the offense involved
13the operation or use of a motor vehicle or the use of a
14driver's license or permit, the court shall notify the
15Secretary of State of that determination and of the period for
16which the minor shall be denied driving privileges. If, at the
17time of the determination, the minor does not hold a driver's
18license or permit, the court shall provide that the minor shall
19not be issued a driver's license or permit until his or her
2018th birthday. If the minor holds a driver's license or permit
21at the time of the determination, the court shall provide that
22the minor's driver's license or permit shall be revoked until
23his or her 21st birthday, or until a later date or occurrence
24determined by the court. If the minor holds a driver's license
25at the time of the determination, the court may direct the
26Secretary of State to issue the minor a judicial driving

 

 

HB4297- 47 -LRB100 16754 RLC 31894 b

1permit, also known as a JDP. The JDP shall be subject to the
2same terms as a JDP issued under Section 6-206.1 of the
3Illinois Vehicle Code, except that the court may direct that
4the JDP be effective immediately.
5    (12) (Blank). If a minor is found to be guilty of a
6violation of subsection (a-7) of Section 1 of the Prevention of
7Tobacco Use by Minors Act, the court may, in its discretion,
8and upon recommendation by the State's Attorney, order that
9minor and his or her parents or legal guardian to attend a
10smoker's education or youth diversion program as defined in
11that Act if that program is available in the jurisdiction where
12the offender resides. Attendance at a smoker's education or
13youth diversion program shall be time-credited against any
14community service time imposed for any first violation of
15subsection (a-7) of Section 1 of that Act. In addition to any
16other penalty that the court may impose for a violation of
17subsection (a-7) of Section 1 of that Act, the court, upon
18request by the State's Attorney, may in its discretion require
19the offender to remit a fee for his or her attendance at a
20smoker's education or youth diversion program.
21    For purposes of this Section, "smoker's education program"
22or "youth diversion program" includes, but is not limited to, a
23seminar designed to educate a person on the physical and
24psychological effects of smoking tobacco products and the
25health consequences of smoking tobacco products that can be
26conducted with a locality's youth diversion program.

 

 

HB4297- 48 -LRB100 16754 RLC 31894 b

1    In addition to any other penalty that the court may impose
2under this subsection (12):
3        (a) If a minor violates subsection (a-7) of Section 1
4    of the Prevention of Tobacco Use by Minors Act, the court
5    may impose a sentence of 15 hours of community service or a
6    fine of $25 for a first violation.
7        (b) A second violation by a minor of subsection (a-7)
8    of Section 1 of that Act that occurs within 12 months after
9    the first violation is punishable by a fine of $50 and 25
10    hours of community service.
11        (c) A third or subsequent violation by a minor of
12    subsection (a-7) of Section 1 of that Act that occurs
13    within 12 months after the first violation is punishable by
14    a $100 fine and 30 hours of community service.
15        (d) Any second or subsequent violation not within the
16    12-month time period after the first violation is
17    punishable as provided for a first violation.
18(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
19eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
 
20    Section 25. The Prevention of Tobacco Use by Minors and
21Sale and Distribution of Tobacco Products Act is amended by
22changing the title of the Act and Sections 0.01, 1, and 2 as
23follows:
 
24    (720 ILCS 675/Act title)

 

 

HB4297- 49 -LRB100 16754 RLC 31894 b

1An Act to prohibit persons under 21 years of age minors
2from buying or , selling, or possessing tobacco in any of its
3forms, to prohibit selling, giving or furnishing tobacco, in
4any of its forms, to persons under 21 years of age minors, and
5to prohibit the distribution of tobacco samples and providing
6penalties therefor.
 
7    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
8    Sec. 0.01. Short title. This Act may be cited as the
9Prevention of Tobacco Use by Persons under 21 years of Age
10Minors and Sale and Distribution of Tobacco Products Act.
11(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1296-1000, eff. 7-2-10.)
 
13    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
14    Sec. 1. Prohibition on sale to and possession of tobacco
15products, electronic cigarettes, and alternative nicotine
16products to persons under 21 years of age by minors;
17prohibition on the distribution of tobacco product samples,
18electronic cigarette samples, and alternative nicotine product
19samples to any person; use of identification cards; vending
20machines; lunch wagons; out-of-package sales.
21    (a) No person minor under 21 18 years of age shall buy any
22tobacco product, electronic cigarette, or alternative nicotine
23product. No person shall sell, buy for, distribute samples of
24or furnish any tobacco product, electronic cigarette, or any

 

 

HB4297- 50 -LRB100 16754 RLC 31894 b

1alternative nicotine product to any person minor under 21 18
2years of age.
3    (a-5) No person minor under 16 years of age may sell any
4tobacco product, electronic cigarette, or alternative nicotine
5product at a retail establishment selling tobacco products,
6electronic cigarettes, or alternative nicotine products. This
7subsection does not apply to a sales clerk in a family-owned
8business which can prove that the sales clerk is in fact a son
9or daughter of the owner.
10    (a-5.1) Before selling, offering for sale, giving, or
11furnishing a tobacco product, electronic cigarette, or
12alternative nicotine product to another person, the person
13selling, offering for sale, giving, or furnishing the tobacco
14product, electronic cigarette, or alternative nicotine product
15shall verify that the person is at least 21 years of age by:
16        (1) examining from any person that appears to be under
17    30 years of age a government-issued photographic
18    identification that establishes the person to be 21 years
19    of age or older; or
20        (2) for sales of tobacco products, electronic
21    cigarettes, or alternative nicotine products made through
22    the Internet or other remote sales methods, performing an
23    age verification through an independent, third party age
24    verification service that compares information available
25    from public records to the personal information entered by
26    the person during the ordering process that establishes the

 

 

HB4297- 51 -LRB100 16754 RLC 31894 b

1    person is 21 years of age or older.
2    (a-6) No person minor under 21 18 years of age in the
3furtherance or facilitation of obtaining any tobacco product,
4electronic cigarette, or alternative nicotine product shall
5display or use a false or forged identification card or
6transfer, alter, or deface an identification card.
7     (a-7) (Blank). No minor under 18 years of age shall
8possess any cigar, cigarette, smokeless tobacco, or tobacco in
9any of its forms.
10    (a-8) A person shall not distribute without charge samples
11of any tobacco product, electronic cigarette, or alternative
12nicotine product to any other person, regardless of age:
13        (1) within a retail establishment selling tobacco
14    products, electronic cigarettes, or alternative nicotine
15    products unless the retailer has verified the purchaser's
16    age with a government issued identification;
17        (2) from a lunch wagon; or
18        (3) on a public way as a promotion or advertisement of
19    a tobacco manufacturer, or tobacco product, electronic
20    cigarette, or alternative nicotine product.
21    This subsection (a-8) does not apply to the distribution of
22a tobacco product, electronic cigarette, or alternative
23nicotine product sample in any adult-only facility.
24    (a-9) For the purpose of this Section:
25        "Adult-only facility" means a facility or restricted
26    area (whether open-air or enclosed) where the operator

 

 

HB4297- 52 -LRB100 16754 RLC 31894 b

1    ensures or has a reasonable basis to believe (such as by
2    checking identification as required under State law, or by
3    checking the identification of any person appearing to be
4    under the age of 30 27) that no person under legal age is
5    present. A facility or restricted area need not be
6    permanently restricted to persons under 21 years of legal
7    age to constitute an adult-only facility, provided that the
8    operator ensures or has a reasonable basis to believe that
9    no person under 21 years of legal age is present during the
10    event or time period in question.
11        "Alternative nicotine product" means a product or
12    device not consisting of or containing tobacco that
13    provides for the ingestion into the body of nicotine,
14    whether by chewing, smoking, absorbing, dissolving,
15    inhaling, snorting, sniffing, or by any other means.
16    "Alternative nicotine product" does not include:
17    cigarettes as defined in Section 1 of the Cigarette Tax Act
18    and tobacco products as defined in Section 10-5 of the
19    Tobacco Products Tax Act of 1995; tobacco product and
20    electronic cigarette as defined in this Section; or any
21    product approved by the United States Food and Drug
22    Administration for sale as a tobacco cessation product, as
23    a tobacco dependence product, or for other medical
24    purposes, and is being marketed and sold solely for that
25    approved purpose.
26    "Electronic cigarette" means:

 

 

HB4297- 53 -LRB100 16754 RLC 31894 b

1        (1) any device that employs a battery or other
2    mechanism to heat a solution or substance to produce a
3    vapor or aerosol intended for inhalation;
4        (2) any cartridge or container of a solution or
5    substance intended to be used with or in the device or to
6    refill the device; or
7        (3) any solution or substance, whether or not it
8    contains nicotine intended for use in the device.
9    "Electronic cigarette" includes, but is not limited to, any
10    electronic nicotine delivery system, electronic cigar,
11    electronic cigarillo, electronic pipe, electronic hookah,
12    vape pen, or similar product or device, and any components
13    or parts that can be used to build the product or device.
14    "Electronic cigarette" does not include: cigarettes as
15    defined in Section 1 of the Cigarette Tax Act and tobacco
16    products as defined in Section 10-5 of the Tobacco Products
17    Tax Act of 1995; tobacco product and alternative nicotine
18    product as defined in this Section; any product approved by
19    the United States Food and Drug Administration for sale as
20    a tobacco cessation product, as a tobacco dependence
21    product, or for other medical purposes, and is being
22    marketed and sold solely for that approved purpose; any
23    asthma inhaler prescribed by a physician for that condition
24    and is being marketed and sold solely for that approved
25    purpose; or any therapeutic product approved for use under
26    the Compassionate Use of Medical Cannabis Pilot Program

 

 

HB4297- 54 -LRB100 16754 RLC 31894 b

1    Act.
2        "Lunch wagon" means a mobile vehicle designed and
3    constructed to transport food and from which food is sold
4    to the general public.
5        "Nicotine" means any form of the chemical nicotine,
6    including any salt or complex, regardless of whether the
7    chemical is naturally or synthetically derived.
8        "Smokeless tobacco" means any tobacco products that
9    are suitable for dipping or chewing.
10        "Tobacco product" means any product containing or made
11    from tobacco that is intended for human consumption,
12    whether smoked, heated, chewed, absorbed, dissolved,
13    inhaled, snorted, sniffed, or ingested by any other means,
14    including, but not limited to, cigarettes, cigars, little
15    cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
16    other smokeless tobacco product which contains tobacco
17    that is finely cut, ground, powdered, or leaf and intended
18    to be placed in the oral cavity. "Tobacco product" includes
19    any component, part, or accessory of a tobacco product,
20    whether or not sold separately. "Tobacco product" does not
21    include: an electronic cigarette and alternative nicotine
22    product as defined in this Section; or any product that has
23    been approved by the United States Food and Drug
24    Administration for sale as a tobacco cessation product, as
25    a tobacco dependence product, or for other medical
26    purposes, and is being marketed and sold solely for that

 

 

HB4297- 55 -LRB100 16754 RLC 31894 b

1    approved purpose means any cigar, cigarette, smokeless
2    tobacco, or tobacco in any of its forms.
3    (b) Tobacco products, electronic cigarettes, and
4alternative nicotine products listed in this Section may be
5sold through a vending machine only if such tobacco products,
6electronic cigarettes, and alternative nicotine products are
7not placed together with any non-tobacco product, other than
8matches, in the vending machine and the vending machine is in
9any of the following locations:
10        (1) (Blank).
11        (2) Places to which persons minors under 21 18 years of
12    age are not permitted access at any time.
13        (3) Places where alcoholic beverages are sold and
14    consumed on the premises and vending machine operation is
15    under the direct supervision of the owner or manager.
16        (4) (Blank).
17        (5) (Blank). Places where the vending machine can only
18    be operated by the owner or an employee over age 18 either
19    directly or through a remote control device if the device
20    is inaccessible to all customers.
21    (c) (Blank).
22    (d) The sale or distribution by any person of a tobacco
23product as defined in this Section, including but not limited
24to a single or loose cigarette, that is not contained within a
25sealed container, pack, or package as provided by the
26manufacturer, which container, pack, or package bears the

 

 

HB4297- 56 -LRB100 16754 RLC 31894 b

1health warning required by federal law, is prohibited.
2    (e) It is not a violation of this Act for a person under 21
318 years of age to purchase or possess a tobacco product,
4electronic cigarette, or alternative nicotine product cigar,
5cigarette, smokeless tobacco or tobacco in any of its forms if
6the person under the age of 21 18 purchases or is given the
7cigar, cigarette, smokeless tobacco or tobacco product,
8electronic cigarette, or alternative nicotine product in any of
9its forms from a retail seller of tobacco products, electronic
10cigarettes, or alternative nicotine products or an employee of
11the retail seller pursuant to a plan or action to investigate,
12patrol, or otherwise conduct a "sting operation" or enforcement
13action against a retail seller of tobacco products, electronic
14cigarettes, or alternative nicotine products or a person
15employed by the retail seller of tobacco products, electronic
16cigarettes, or alternative nicotine products or on any premises
17authorized to sell tobacco products, electronic cigarettes, or
18alternative nicotine products to determine if tobacco
19products, electronic cigarettes, or alternative nicotine
20products are being sold or given to persons under 21 18 years
21of age if the "sting operation" or enforcement action is
22approved by, conducted by, or conducted on behalf of the
23Department of State Police, the county sheriff, a municipal
24police department, the Department of Revenue, the Department of
25Public Health, or a local health department. The results of any
26sting operation or enforcement action, including the name of

 

 

HB4297- 57 -LRB100 16754 RLC 31894 b

1the clerk, shall be provided to the retail seller within 7
2business days.
3(Source: P.A. 98-1055, eff. 1-1-16.)
 
4    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
5    Sec. 2. Penalties.
6    (a) Any person who violates subsection (a), or (a-5),
7(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
8(c) of Section 1.5 of this Act is guilty of a petty offense.
9For the first offense in a 24-month period, the person shall be
10fined $200 if his or her employer has a training program that
11facilitates compliance with minimum-age tobacco laws. For the
12second offense in a 24-month period, the person shall be fined
13$400 if his or her employer has a training program that
14facilitates compliance with minimum-age tobacco laws. For the
15third offense in a 24-month period, the person shall be fined
16$600 if his or her employer has a training program that
17facilitates compliance with minimum-age tobacco laws. For the
18fourth or subsequent offense in a 24-month period, the person
19shall be fined $800 if his or her employer has a training
20program that facilitates compliance with minimum-age tobacco
21laws. For the purposes of this subsection, the 24-month period
22shall begin with the person's first violation of the Act. The
23penalties in this subsection are in addition to any other
24penalties prescribed under the Cigarette Tax Act and the
25Tobacco Products Tax Act of 1995.

 

 

HB4297- 58 -LRB100 16754 RLC 31894 b

1    (a-5) Any retailer who violates subsection (a), or (a-5),
2(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
3(c) of Section 1.5 of this Act is guilty of a petty offense.
4For the first offense in a 24-month period, the retailer shall
5be fined $200 if it does not have a training program that
6facilitates compliance with minimum-age tobacco laws. For the
7second offense in a 24-month period, the retailer shall be
8fined $400 if it does not have a training program that
9facilitates compliance with minimum-age tobacco laws. For the
10third offense within a 24-month period, the retailer shall be
11fined $600 if it does not have a training program that
12facilitates compliance with minimum-age tobacco laws. For the
13fourth or subsequent offense in a 24-month period, the retailer
14shall be fined $800 if it does not have a training program that
15facilitates compliance with minimum-age tobacco laws. For the
16purposes of this subsection, the 24-month period shall begin
17with the person's first violation of the Act. The penalties in
18this subsection are in addition to any other penalties
19prescribed under the Cigarette Tax Act and the Tobacco Products
20Tax Act of 1995.
21    (a-6) For the purpose of this Act, a training program that
22facilitates compliance with minimum-age tobacco laws must
23include at least the following elements: (i) it must explain
24that only individuals displaying valid identification
25demonstrating that they are 21 18 years of age or older shall
26be eligible to purchase cigarettes or tobacco products,

 

 

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1electronic cigarettes, or alternative nicotine products and
2(ii) it must explain where a clerk can check identification for
3a date of birth. The training may be conducted electronically.
4Each retailer that has a training program shall require each
5employee who completes the training program to sign a form
6attesting that the employee has received and completed tobacco
7training. The form shall be kept in the employee's file and may
8be used to provide proof of training.
9    (Blank). (b) If a minor violates subsection (a-7) of
10Section 1 or subsection (d) of Section 1.5, he or she is guilty
11of a petty offense and the court may impose a sentence of 25
12hours of community service and a fine of $50 for a first
13violation. If a minor violates subsection (a-6) of Section 1,
14he or she is guilty of a Class A misdemeanor.
15    (Blank). (c) A second violation by a minor of subsection
16(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
17within 12 months after the first violation is punishable by a
18fine of $75 and 50 hours of community service.
19    (Blank). (d) A third or subsequent violation by a minor of
20subsection (a-7) of Section 1 or subsection (d) of Section 1.5
21that occurs within 12 months after the first violation is
22punishable by a $200 fine and 50 hours of community service.
23    (Blank). (e) Any second or subsequent violation not within
24the 12-month time period after the first violation is
25punishable as provided for a first violation.
26    (Blank). (f) If a minor is convicted of or placed on

 

 

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1supervision for a violation of subsection (a-6) or (a-7) of
2Section 1 or subsection (d) of Section 1.5, the court may, in
3its discretion, and upon recommendation by the State's
4Attorney, order that minor and his or her parents or legal
5guardian to attend a smoker's education or youth diversion
6program if that program is available in the jurisdiction where
7the offender resides. Attendance at a smoker's education or
8youth diversion program shall be time-credited against any
9community service time imposed for any first violation of
10subsection (a-7) of Section 1. In addition to any other penalty
11that the court may impose for a violation of subsection (a-7)
12of Section 1 or subsection (d) of Section 1.5, the court, upon
13request by the State's Attorney, may in its discretion require
14the offender to remit a fee for his or her attendance at a
15smoker's education or youth diversion program.
16    (Blank). (g) For purposes of this Section, "smoker's
17education program" or "youth diversion program" includes, but
18is not limited to, a seminar designed to educate a person on
19the physical and psychological effects of smoking tobacco
20products and alternative nicotine products and the health
21consequences of smoking tobacco products and alternative
22nicotine products that can be conducted with a locality's youth
23diversion program.
24    (h) All moneys collected as fines for violations of
25subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or
26(a-7) of Section 1 and subsection (b), (c), or (d) of Section

 

 

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11.5 shall be distributed in the following manner:
2        (1) one-half of each fine shall be distributed to the
3    unit of local government or other entity that successfully
4    prosecuted the offender; and
5        (2) one-half shall be remitted to the State to be used
6    for enforcing this Act.
7    Any violation of subsection (a) or (a-5) of Section 1 or
8subsection (b) or (c) of Section 1.5 shall be reported to the
9Department of Revenue within 7 business days.
10(Source: P.A. 99-192, eff. 1-1-16; 99-496, eff. 6-1-16;
11100-201, eff. 8-18-17.)
 
12    (720 ILCS 675/1.5 rep.)
13    Section 30. The Prevention of Tobacco Use by Minors and
14Sale and Distribution of Tobacco Products Act is amended by
15repealing Section 1.5.
 
16    Section 35. The Display of Tobacco Products Act is amended
17by changing Sections 5, 10, and 15 as follows:
 
18    (720 ILCS 677/5)
19    Sec. 5. Definitions. In this Act:
20    "Electronic cigarette" "Alternative nicotine product" has
21the meaning ascribed to it in Section 1 1.5 of the Prevention
22of Tobacco Use by Persons under 21 Years of Age Minors and Sale
23and Distribution of Tobacco Products Act.

 

 

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1    "Alternative nicotine product" has the meaning ascribed to
2it in Section 1 of the Prevention of Tobacco Use by Persons
3under 21 Years of Age and Sale and Distribution of Tobacco
4Products Act.
5    "Line of sight" means visible to a cashier or other
6employee.
7    "Age restricted area" means a signed designated area in a
8retail establishment to which persons minors under 21 18 years
9of age are not permitted access unless accompanied by a parent
10or legal guardian.
11(Source: P.A. 98-983, eff. 1-1-15.)
 
12    (720 ILCS 677/10)
13    Sec. 10. Tobacco product displays. All single packs of
14cigarettes, and electronic cigarettes, and alternative
15nicotine products must be sold from behind the counter or in an
16age restricted area or in a sealed display case. Any other
17tobacco products must be sold in line of sight.
18    The restrictions described in this Section do not apply to
19a retail tobacco store that (i) derives at least 90% of its
20revenue from tobacco and tobacco related products; (ii) does
21not permit persons under the age of 21 18 to enter the premises
22unless accompanied by a parent or legal guardian; and (iii)
23posts a sign on the main entrance way stating that persons
24under the age of 21 18 are prohibited from entering unless
25accompanied by a parent or legal guardian.

 

 

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1(Source: P.A. 98-983, eff. 1-1-15.)
 
2    (720 ILCS 677/15)
3    Sec. 15. Vending machines. This Act does not prohibit the
4sale of tobacco products, electronic cigarettes, or
5alternative nicotine products from vending machines if the
6location of the vending machines are in compliance with the
7provisions of Section 1 of the Prevention of Tobacco Use by
8Persons under 21 Years of Age Minors and Sale and Distribution
9of Tobacco Products Act.
10(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
1196-1000, eff. 7-2-10.)
 
12    Section 40. The Prevention of Cigarette Sales to Minors Act
13is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
 
14    (720 ILCS 678/1)
15    Sec. 1. Short title. This Act may be cited as the
16Prevention of Cigarette Sales to Persons Under 21 Years of Age
17Minors Act.
18(Source: P.A. 93-960, eff. 8-20-04.)
 
19    (720 ILCS 678/5)
20    Sec. 5. Unlawful shipment or transportation of cigarettes.
21    (a) It is unlawful for any person engaged in the business
22of selling cigarettes to ship or cause to be shipped any

 

 

HB4297- 64 -LRB100 16754 RLC 31894 b

1cigarettes unless the person shipping the cigarettes:
2        (1) is licensed as a distributor under either the
3    Cigarette Tax Act, or the Cigarette Use Tax Act; or
4    delivers the cigarettes to a distributor licensed under
5    either the Cigarette Tax Act or the Cigarette Use Tax Act;
6    or
7        (2) ships them to an export warehouse proprietor
8    pursuant to Chapter 52 of the Internal Revenue Code, or an
9    operator of a customs bonded warehouse pursuant to Section
10    1311 or 1555 of Title 19 of the United States Code.
11    For purposes of this subsection (a), a person is a licensed
12distributor if the person's name appears on a list of licensed
13distributors published by the Illinois Department of Revenue.
14The term cigarette has the same meaning as defined in Section 1
15of the Cigarette Tax Act and Section 1 of the Cigarette Use Tax
16Act. Nothing in this Act prohibits a person licensed as a
17distributor under the Cigarette Tax Act or the Cigarette Use
18Tax Act from shipping or causing to be shipped any cigarettes
19to a registered retailer under the Retailers' Occupation Tax
20Act provided the cigarette tax or cigarette use tax has been
21paid.
22    (b) A common or contract carrier may transport cigarettes
23to any individual person in this State only if the carrier
24reasonably believes such cigarettes have been received from a
25person described in paragraph (a)(1). Common or contract
26carriers may make deliveries of cigarettes to licensed

 

 

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1distributors described in paragraph (a)(1) of this Section.
2Nothing in this subsection (b) shall be construed to prohibit a
3person other than a common or contract carrier from
4transporting not more than 1,000 cigarettes at any one time to
5any person in this State.
6    (c) A common or contract carrier may not complete the
7delivery of any cigarettes to persons other than those
8described in paragraph (a)(1) of this Section without first
9obtaining from the purchaser an official written
10identification from any state or federal agency that displays
11the person's date of birth or a birth certificate that includes
12a reliable confirmation that the purchaser is at least 21 18
13years of age; that the cigarettes purchased are not intended
14for consumption by an individual who is younger than 21 18
15years of age; and a written statement signed by the purchaser
16that certifies the purchaser's address and that the purchaser
17is at least 21 18 years of age. The statement shall also
18confirm: (1) that the purchaser understands that signing
19another person's name to the certification is illegal; (2) that
20the sale of cigarettes to individuals under 21 18 years of age
21is illegal; and (3) that the purchase of cigarettes by
22individuals under 21 18 years of age is illegal under the laws
23of Illinois.
24    (d) When a person engaged in the business of selling
25cigarettes ships or causes to be shipped any cigarettes to any
26person in this State, other than in the cigarette

 

 

HB4297- 66 -LRB100 16754 RLC 31894 b

1manufacturer's or tobacco products manufacturer's original
2container or wrapping, the container or wrapping must be
3plainly and visibly marked with the word "cigarettes".
4    (e) When a peace officer of this State or any duly
5authorized officer or employee of the Illinois Department of
6Public Health or Department of Revenue discovers any cigarettes
7which have been or which are being shipped or transported in
8violation of this Section, he or she shall seize and take
9possession of the cigarettes, and the cigarettes shall be
10subject to a forfeiture action pursuant to the procedures
11provided under the Cigarette Tax Act or Cigarette Use Tax Act.
12(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
13    (720 ILCS 678/6)
14    Sec. 6. Prevention of delivery sales to persons under 21
15years of age minors.
16    (a) No person shall make a delivery sale of cigarettes to
17any individual who is under 21 18 years of age.
18    (b) Each person accepting a purchase order for a delivery
19sale shall comply with the provisions of this Act and all other
20laws of this State generally applicable to sales of cigarettes
21that occur entirely within this State.
22(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
23    (720 ILCS 678/7)
24    Sec. 7. Age verification and shipping requirements to

 

 

HB4297- 67 -LRB100 16754 RLC 31894 b

1prevent delivery sales to persons under 21 of age minors.
2    (a) No person, other than a delivery service, shall mail,
3ship, or otherwise cause to be delivered a shipping package in
4connection with a delivery sale unless the person:
5        (1) prior to the first delivery sale to the prospective
6    consumer, obtains from the prospective consumer a written
7    certification which includes a statement signed by the
8    prospective consumer that certifies:
9            (A) the prospective consumer's current address;
10        and
11            (B) that the prospective consumer is at least the
12        legal minimum age;
13        (2) informs, in writing, such prospective consumer
14    that:
15            (A) the signing of another person's name to the
16        certification described in this Section is illegal;
17            (B) sales of cigarettes to individuals under 21 18
18        years of age are illegal;
19            (C) the purchase of cigarettes by individuals
20        under 21 18 years of age is illegal; and
21            (D) the name and identity of the prospective
22        consumer may be reported to the state of the consumer's
23        current address under the Act of October 19, 1949 (15
24        U.S.C. 375, et seq.), commonly known as the Jenkins
25        Act;
26        (3) makes a good faith effort to verify the date of

 

 

HB4297- 68 -LRB100 16754 RLC 31894 b

1    birth of the prospective consumer provided pursuant to this
2    Section by:
3            (A) comparing the date of birth against a
4        commercially available database; or
5            (B) obtaining a photocopy or other image of a
6        valid, government-issued identification stating the
7        date of birth or age of the prospective consumer;
8        (4) provides to the prospective consumer a notice that
9    meets the requirements of subsection (b);
10        (5) receives payment for the delivery sale from the
11    prospective consumer by a credit or debit card that has
12    been issued in such consumer's name, or by a check or other
13    written instrument in such consumer's name; and
14        (6) ensures that the shipping package is delivered to
15    the same address as is shown on the government-issued
16    identification or contained in the commercially available
17    database.
18    (b) The notice required under this Section shall include:
19        (1) a statement that cigarette sales to consumers below
20    21 18 years of age are illegal;
21        (2) a statement that sales of cigarettes are restricted
22    to those consumers who provide verifiable proof of age in
23    accordance with subsection (a);
24        (3) a statement that cigarette sales are subject to tax
25    under Section 2 of the Cigarette Tax Act (35 ILCS 130/2),
26    Section 2 of the Cigarette Use Tax Act, and Section 3 of

 

 

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1    the Use Tax Act and an explanation of how the correct tax
2    has been, or is to be, paid with respect to such delivery
3    sale.
4    (c) A statement meets the requirement of this Section if:
5        (1) the statement is clear and conspicuous;
6        (2) the statement is contained in a printed box set
7    apart from the other contents of the communication;
8        (3) the statement is printed in bold, capital letters;
9        (4) the statement is printed with a degree of color
10    contrast between the background and the printed statement
11    that is no less than the color contrast between the
12    background and the largest text used in the communication;
13    and
14        (5) for any printed material delivered by electronic
15    means, the statement appears at both the top and the bottom
16    of the electronic mail message or both the top and the
17    bottom of the Internet website homepage.
18    (d) Each person, other than a delivery service, who mails,
19ships, or otherwise causes to be delivered a shipping package
20in connection with a delivery sale shall:
21        (1) include as part of the shipping documents a clear
22    and conspicuous statement stating: "Cigarettes: Illinois
23    Law Prohibits Shipping to Individuals Under 21 18 and
24    Requires the Payment of All Applicable Taxes";
25        (2) use a method of mailing, shipping, or delivery that
26    requires a signature before the shipping package is

 

 

HB4297- 70 -LRB100 16754 RLC 31894 b

1    released to the consumer; and
2        (3) ensure that the shipping package is not delivered
3    to any post office box.
4(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
5    (720 ILCS 678/8)
6    Sec. 8. Registration and reporting requirements to prevent
7delivery sales to persons under 21 years of age minors.
8    (a) Not later than the 15th day of each month, each person
9making a delivery sale during the previous calendar month shall
10file a report with the Department containing the following
11information:
12        (1) the seller's name, trade name, and the address of
13    such person's principal place of business and any other
14    place of business;
15        (2) the name and address of the consumer to whom such
16    delivery sale was made;
17        (3) the brand style or brand styles of the cigarettes
18    that were sold in such delivery sale;
19        (4) the quantity of cigarettes that were sold in such
20    delivery sale;
21        (5) an indication of whether or not the cigarettes sold
22    in the delivery sale bore a tax stamp evidencing payment of
23    the tax under Section 2 of the Cigarette Tax Act (35 ILCS
24    130/2); and
25        (6) such other information the Department may require.

 

 

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1    (b) Each person engaged in business within this State who
2makes an out-of-state sale shall, for each individual sale,
3submit to the appropriate tax official of the state in which
4the consumer is located the information required in subsection
5(a).
6    (c) Any person that satisfies the requirements of 15 U.S.C.
7Section 376 shall be deemed to satisfy the requirements of
8subsections (a) and (b).
9    (d) The Department is authorized to disclose to the
10Attorney General any information received under this title and
11requested by the Attorney General. The Department and the
12Attorney General shall share with each other the information
13received under this title and may share the information with
14other federal, State, or local agencies for purposes of
15enforcement of this title or the laws of the federal government
16or of other states.
17    (e) This Section shall not be construed to impose liability
18upon any delivery service, or officers or employees thereof,
19when acting within the scope of business of the delivery
20service.
21    (f) The Department may establish procedures requiring
22electronic transmission of the information required by this
23Section directly to the Department on forms prescribed and
24furnished by the Department.
25(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 

 

 

HB4297- 72 -LRB100 16754 RLC 31894 b

1    (720 ILCS 680/Act rep.)
2    Section 45. The Smokeless Tobacco Limitation Act is
3repealed.
 
4    Section 50. The Tobacco Accessories and Smoking Herbs
5Control Act is amended by changing Sections 2 and 4 as follows:
 
6    (720 ILCS 685/2)  (from Ch. 23, par. 2358-2)
7    Sec. 2. Purpose. The sale and possession of marijuana,
8hashish, cocaine, opium and their derivatives, is not only
9prohibited by Illinois Law, but the use of these substances has
10been deemed injurious to the health of the user.
11    It has further been determined by the Surgeon General of
12the United States that the use of tobacco is hazardous to human
13health.
14    The ready availability of smoking herbs to persons under 21
15years of age minors could lead to the use of tobacco and
16illegal drugs.
17    It is in the best interests of the citizens of the State of
18Illinois to seek to prohibit the spread of illegal drugs,
19tobacco or smoking materials to persons under 21 years of age
20minors. The prohibition of the sale of tobacco and snuff
21accessories and smoking herbs to persons under 21 years of age
22minors would help to curb the usage of illegal drugs and
23tobacco products, among our youth.
24(Source: P.A. 82-487.)
 

 

 

HB4297- 73 -LRB100 16754 RLC 31894 b

1    (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
2    Sec. 4. Offenses.
3    (a) Sale to persons under 21 years of age minors. No person
4shall knowingly sell, barter, exchange, deliver or give away or
5cause or permit or procure to be sold, bartered, exchanged,
6delivered, or given away tobacco accessories or smoking herbs
7to any person under 21 18 years of age.
8    (a-5) Sale of bidi cigarettes. No person shall knowingly
9sell, barter, exchange, deliver, or give away a bidi cigarette
10to another person, nor shall a person cause or permit or
11procure a bidi cigarette to be sold, bartered, exchanged,
12delivered, or given away to another person.
13    (b) Sale of cigarette paper. No person shall knowingly
14offer, sell, barter, exchange, deliver or give away cigarette
15paper or cause, permit, or procure cigarette paper to be sold,
16offered, bartered, exchanged, delivered, or given away except
17from premises or an establishment where other tobacco products
18are sold. For purposes of this Section, "tobacco products"
19means cigarettes, cigars, smokeless tobacco, or tobacco in any
20of its forms.
21    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
22person shall not knowingly sell, give away, barter, exchange,
23or otherwise furnish to any person any wrapping paper or
24wrapping leaf, however characterized, including, without
25limitation, cigarette papers, blunt wraps, cigar wraps, or

 

 

HB4297- 74 -LRB100 16754 RLC 31894 b

1tubes of paper or leaf, or any similar device, for the purpose
2of making a roll of tobacco or herbs for smoking, that is or is
3held out to be, impregnated, scented, or imbibed with, or aged
4or dipped in, a characterizing flavor, other than tobacco or
5menthol, including, without limitation, alcoholic or liquor
6flavor, or both, chocolate, fruit flavoring, vanilla, peanut
7butter, jelly, or any combination of those flavors or similar
8child attractive scent or flavor.
9    (c) Sale of cigarette paper from vending machines. No
10person shall knowingly offer, sell, barter, exchange, deliver
11or give away cigarette paper or cause, permit, or procure
12cigarette paper to be sold, offered, bartered, exchanged,
13delivered, or given away by use of a vending or coin-operated
14machine or device. For purposes of this Section, "cigarette
15paper" shall not include any paper that is incorporated into a
16product to which a tax stamp must be affixed under the
17Cigarette Tax Act or the Cigarette Use Tax Act.
18    (d) Use of identification cards. No person in the
19furtherance or facilitation of obtaining smoking accessories
20and smoking herbs shall display or use a false or forged
21identification card or transfer, alter, or deface an
22identification card.
23    (e) Warning to persons under 21 years of age minors. Any
24person, firm, partnership, company or corporation operating a
25place of business where tobacco accessories and smoking herbs
26are sold or offered for sale shall post in a conspicuous place

 

 

HB4297- 75 -LRB100 16754 RLC 31894 b

1upon the premises a sign upon which there shall be imprinted
2the following statement, "SALE OF TOBACCO ACCESSORIES AND
3SMOKING HERBS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE OR THE
4MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
5BY LAW". The sign shall be printed on a white card in red
6letters at least one-half inch in height.
7(Source: P.A. 97-917, eff. 8-9-12.)