HB0345 EnrolledLRB101 05314 SLF 50328 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, fails to keep
23books and records as required under this Act, fails to make
24books and records available for inspection upon demand by a

 

 

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1duly authorized employee of the Department, or violates a rule
2or regulation of the Department for the administration and
3enforcement of this Act. The notice shall specify the alleged
4violation or violations upon which the revocation,
5cancellation, or suspension proceeding is based.
6    (b) The Department may revoke, cancel, or suspend the
7license of any distributor for a violation of the Tobacco
8Product Manufacturers' Escrow Enforcement Act as provided in
9Section 20 of that Act.
10    (c) If the retailer has a training program that facilitates
11compliance with minimum-age tobacco laws, the Department shall
12suspend for 3 days the license of that retailer for a fourth or
13subsequent violation of the Prevention of Tobacco Use by
14Persons under 21 Years of Age Minors and Sale and Distribution
15of Tobacco Products Act, as provided in subsection (a) of
16Section 2 of that Act. For the purposes of this Section, any
17violation of subsection (a) of Section 2 of the Prevention of
18Tobacco Use by Persons under 21 Years of Age Minors and Sale
19and Distribution of Tobacco Products Act occurring at the
20retailer's licensed location, during a 24-month period, shall
21be counted as a violation against the retailer.
22    If the retailer does not have a training program that
23facilitates compliance with minimum-age tobacco laws, the
24Department shall suspend for 3 days the license of that
25retailer for a second violation of the Prevention of Tobacco
26Use by Persons under 21 Years of Age Minors and Sale and

 

 

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1Distribution of Tobacco Products Act, as provided in subsection
2(a-5) of Section 2 of that Act.
3    If the retailer does not have a training program that
4facilitates compliance with minimum-age tobacco laws, the
5Department shall suspend for 7 days the license of that
6retailer for a third violation of the Prevention of Tobacco Use
7by Persons under 21 Years of Age Minors and Sale and
8Distribution of Tobacco Products Act, as provided in subsection
9(a-5) of Section 2 of that Act.
10    If the retailer does not have a training program that
11facilitates compliance with minimum-age tobacco laws, the
12Department shall suspend for 30 days the license of a retailer
13for a fourth or subsequent violation of the Prevention of
14Tobacco Use by Persons under 21 Years of Age Minors and Sale
15and Distribution of Tobacco Products Act, as provided in
16subsection (a-5) of Section 2 of that Act.
17    A training program that facilitates compliance with
18minimum-age tobacco laws must include at least the following
19elements: (i) it must explain that only individuals displaying
20valid identification demonstrating that they are 21 18 years of
21age or older shall be eligible to purchase cigarettes or
22tobacco products and (ii) it must explain where a clerk can
23check identification for a date of birth. The training may be
24conducted electronically. Each retailer that has a training
25program shall require each employee who completes the training
26program to sign a form attesting that the employee has received

 

 

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1and completed tobacco training. The form shall be kept in the
2employee's file and may be used to provide proof of training.
3    (d) The Department may, by application to any circuit
4court, obtain an injunction restraining any person who engages
5in business as a distributor of tobacco products without a
6license (either because his or her license has been revoked,
7canceled, or suspended or because of a failure to obtain a
8license in the first instance) from engaging in that business
9until that person, as if that person were a new applicant for a
10license, complies with all of the conditions, restrictions, and
11requirements of Section 10-20 of this Act and qualifies for and
12obtains a license. Refusal or neglect to obey the order of the
13court may result in punishment for contempt.
14(Source: P.A. 99-192, eff. 1-1-16; 100-940, eff. 8-17-18.)
 
15    Section 15. The Liquor Control Act of 1934 is amended by
16changing Section 6-16.1 as follows:
 
17    (235 ILCS 5/6-16.1)
18    Sec. 6-16.1. Enforcement actions.
19    (a) A licensee or an officer, associate, member,
20representative, agent, or employee of a licensee may sell,
21give, or deliver alcoholic liquor to a person under the age of
2221 years or authorize the sale, gift, or delivery of alcoholic
23liquor to a person under the age of 21 years pursuant to a plan
24or action to investigate, patrol, or otherwise conduct a "sting

 

 

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1operation" or enforcement action against a person employed by
2the licensee or on any licensed premises if the licensee or
3officer, associate, member, representative, agent, or employee
4of the licensee provides written notice, at least 14 days
5before the "sting operation" or enforcement action, unless
6governing body of the municipality or county having
7jurisdiction sets a shorter period by ordinance, to the law
8enforcement agency having jurisdiction, the local liquor
9control commissioner, or both. Notice provided under this
10Section shall be valid for a "sting operation" or enforcement
11action conducted within 60 days of the provision of that
12notice, unless the governing body of the municipality or county
13having jurisdiction sets a shorter period by ordinance.
14    (b) A local liquor control commission or unit of local
15government that conducts alcohol and tobacco compliance
16operations shall establish a policy and standards for alcohol
17and tobacco compliance operations to investigate whether a
18licensee is furnishing (1) alcoholic liquor to persons under 21
19years of age in violation of this Act or (2) tobacco to persons
20in violation of the Prevention of Tobacco Use by Persons under
2121 Years of Age Minors and Sale and Distribution of Tobacco
22Products Act.
23    (c) The Illinois Law Enforcement Training Standards Board
24shall develop a model policy and guidelines for the operation
25of alcohol and tobacco compliance checks by local law
26enforcement officers. The Illinois Law Enforcement Training

 

 

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1Standards Board shall also require the supervising officers of
2such compliance checks to have met a minimum training standard
3as determined by the Board. The Board shall have the right to
4waive any training based on current written policies and
5procedures for alcohol and tobacco compliance check operations
6and in-service training already administered by the local law
7enforcement agency, department, or office.
8    (d) The provisions of subsections (b) and (c) do not apply
9to a home rule unit with more than 2,000,000 inhabitants.
10    (e) A home rule unit, other than a home rule unit with more
11than 2,000,000 inhabitants, may not regulate enforcement
12actions in a manner inconsistent with the regulation of
13enforcement actions under this Section. This subsection (e) is
14a limitation under subsection (i) of Section 6 of Article VII
15of the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17    (f) A licensee who is the subject of an enforcement action
18or "sting operation" under this Section and is found, pursuant
19to the enforcement action, to be in compliance with this Act
20shall be notified by the enforcement agency action that no
21violation was found within 30 days after the finding.
22(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
2396-1000, eff. 7-2-10.)
 
24    Section 20. The Juvenile Court Act of 1987 is amended by
25changing Sections 5-615 and 5-710 as follows:
 

 

 

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1    (705 ILCS 405/5-615)
2    Sec. 5-615. Continuance under supervision.
3    (1) The court may enter an order of continuance under
4supervision for an offense other than first degree murder, a
5Class X felony or a forcible felony:
6        (a) upon an admission or stipulation by the appropriate
7    respondent or minor respondent of the facts supporting the
8    petition and before the court makes a finding of
9    delinquency, and in the absence of objection made in open
10    court by the minor, his or her parent, guardian, or legal
11    custodian, the minor's attorney or the State's Attorney; or
12        (b) upon a finding of delinquency and after considering
13    the circumstances of the offense and the history,
14    character, and condition of the minor, if the court is of
15    the opinion that:
16            (i) the minor is not likely to commit further
17        crimes;
18            (ii) the minor and the public would be best served
19        if the minor were not to receive a criminal record; and
20            (iii) in the best interests of justice an order of
21        continuance under supervision is more appropriate than
22        a sentence otherwise permitted under this Act.
23    (2) (Blank).
24    (3) Nothing in this Section limits the power of the court
25to order a continuance of the hearing for the production of

 

 

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1additional evidence or for any other proper reason.
2    (4) When a hearing where a minor is alleged to be a
3delinquent is continued pursuant to this Section, the period of
4continuance under supervision may not exceed 24 months. The
5court may terminate a continuance under supervision at any time
6if warranted by the conduct of the minor and the ends of
7justice or vacate the finding of delinquency or both.
8    (5) When a hearing where a minor is alleged to be
9delinquent is continued pursuant to this Section, the court
10may, as conditions of the continuance under supervision,
11require the minor to do any of the following:
12        (a) not violate any criminal statute of any
13    jurisdiction;
14        (b) make a report to and appear in person before any
15    person or agency as directed by the court;
16        (c) work or pursue a course of study or vocational
17    training;
18        (d) undergo medical or psychotherapeutic treatment
19    rendered by a therapist licensed under the provisions of
20    the Medical Practice Act of 1987, the Clinical Psychologist
21    Licensing Act, or the Clinical Social Work and Social Work
22    Practice Act, or an entity licensed by the Department of
23    Human Services as a successor to the Department of
24    Alcoholism and Substance Abuse, for the provision of
25    substance use disorder services as defined in Section 1-10
26    of the Substance Use Disorder Act;

 

 

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1        (e) attend or reside in a facility established for the
2    instruction or residence of persons on probation;
3        (f) support his or her dependents, if any;
4        (g) pay costs;
5        (h) refrain from possessing a firearm or other
6    dangerous weapon, or an automobile;
7        (i) permit the probation officer to visit him or her at
8    his or her home or elsewhere;
9        (j) reside with his or her parents or in a foster home;
10        (k) attend school;
11        (k-5) with the consent of the superintendent of the
12    facility, attend an educational program at a facility other
13    than the school in which the offense was committed if he or
14    she committed a crime of violence as defined in Section 2
15    of the Crime Victims Compensation Act in a school, on the
16    real property comprising a school, or within 1,000 feet of
17    the real property comprising a school;
18        (l) attend a non-residential program for youth;
19        (m) contribute to his or her own support at home or in
20    a foster home;
21        (n) perform some reasonable public or community
22    service;
23        (o) make restitution to the victim, in the same manner
24    and under the same conditions as provided in subsection (4)
25    of Section 5-710, except that the "sentencing hearing"
26    referred to in that Section shall be the adjudicatory

 

 

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1    hearing for purposes of this Section;
2        (p) comply with curfew requirements as designated by
3    the court;
4        (q) refrain from entering into a designated geographic
5    area except upon terms as the court finds appropriate. The
6    terms may include consideration of the purpose of the
7    entry, the time of day, other persons accompanying the
8    minor, and advance approval by a probation officer;
9        (r) refrain from having any contact, directly or
10    indirectly, with certain specified persons or particular
11    types of persons, including but not limited to members of
12    street gangs and drug users or dealers;
13        (r-5) undergo a medical or other procedure to have a
14    tattoo symbolizing allegiance to a street gang removed from
15    his or her body;
16        (s) refrain from having in his or her body the presence
17    of any illicit drug prohibited by the Cannabis Control Act,
18    the Illinois Controlled Substances Act, or the
19    Methamphetamine Control and Community Protection Act,
20    unless prescribed by a physician, and submit samples of his
21    or her blood or urine or both for tests to determine the
22    presence of any illicit drug; or
23        (t) comply with any other conditions as may be ordered
24    by the court.
25    (6) A minor whose case is continued under supervision under
26subsection (5) shall be given a certificate setting forth the

 

 

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1conditions imposed by the court. Those conditions may be
2reduced, enlarged, or modified by the court on motion of the
3probation officer or on its own motion, or that of the State's
4Attorney, or, at the request of the minor after notice and
5hearing.
6    (7) If a petition is filed charging a violation of a
7condition of the continuance under supervision, the court shall
8conduct a hearing. If the court finds that a condition of
9supervision has not been fulfilled, the court may proceed to
10findings, adjudication, and disposition or adjudication and
11disposition. The filing of a petition for violation of a
12condition of the continuance under supervision shall toll the
13period of continuance under supervision until the final
14determination of the charge, and the term of the continuance
15under supervision shall not run until the hearing and
16disposition of the petition for violation; provided where the
17petition alleges conduct that does not constitute a criminal
18offense, the hearing must be held within 30 days of the filing
19of the petition unless a delay shall continue the tolling of
20the period of continuance under supervision for the period of
21the delay.
22    (8) When a hearing in which a minor is alleged to be a
23delinquent for reasons that include a violation of Section
2421-1.3 of the Criminal Code of 1961 or the Criminal Code of
252012 is continued under this Section, the court shall, as a
26condition of the continuance under supervision, require the

 

 

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1minor to perform community service for not less than 30 and not
2more than 120 hours, if community service is available in the
3jurisdiction. The community service shall include, but need not
4be limited to, the cleanup and repair of the damage that was
5caused by the alleged violation or similar damage to property
6located in the municipality or county in which the alleged
7violation occurred. The condition may be in addition to any
8other condition.
9    (8.5) When a hearing in which a minor is alleged to be a
10delinquent for reasons that include a violation of Section 3.02
11or Section 3.03 of the Humane Care for Animals Act or paragraph
12(d) of subsection (1) of Section 21-1 of the Criminal Code of
131961 or paragraph (4) of subsection (a) of Section 21-1 or the
14Criminal Code of 2012 is continued under this Section, the
15court shall, as a condition of the continuance under
16supervision, require the minor to undergo medical or
17psychiatric treatment rendered by a psychiatrist or
18psychological treatment rendered by a clinical psychologist.
19The condition may be in addition to any other condition.
20    (9) When a hearing in which a minor is alleged to be a
21delinquent is continued under this Section, the court, before
22continuing the case, shall make a finding whether the offense
23alleged to have been committed either: (i) was related to or in
24furtherance of the activities of an organized gang or was
25motivated by the minor's membership in or allegiance to an
26organized gang, or (ii) is a violation of paragraph (13) of

 

 

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1subsection (a) of Section 12-2 or paragraph (2) of subsection
2(c) of Section 12-2 of the Criminal Code of 1961 or the
3Criminal Code of 2012, a violation of any Section of Article 24
4of the Criminal Code of 1961 or the Criminal Code of 2012, or a
5violation of any statute that involved the unlawful use of a
6firearm. If the court determines the question in the
7affirmative the court shall, as a condition of the continuance
8under supervision and as part of or in addition to any other
9condition of the supervision, require the minor to perform
10community service for not less than 30 hours, provided that
11community service is available in the jurisdiction and is
12funded and approved by the county board of the county where the
13offense was committed. The community service shall include, but
14need not be limited to, the cleanup and repair of any damage
15caused by an alleged violation of Section 21-1.3 of the
16Criminal Code of 1961 or the Criminal Code of 2012 and similar
17damage to property located in the municipality or county in
18which the alleged violation occurred. When possible and
19reasonable, the community service shall be performed in the
20minor's neighborhood. For the purposes of this Section,
21"organized gang" has the meaning ascribed to it in Section 10
22of the Illinois Streetgang Terrorism Omnibus Prevention Act.
23    (10) The court shall impose upon a minor placed on
24supervision, as a condition of the supervision, a fee of $50
25for each month of supervision ordered by the court, unless
26after determining the inability of the minor placed on

 

 

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

 

 

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1seminar designed to educate a person on the physical and
2psychological effects of smoking tobacco products and the
3health consequences of smoking tobacco products that can be
4conducted with a locality's youth diversion program.
5    In addition to any other penalty that the court may impose
6under this subsection (11):
7        (a) If a minor violates subsection (a-7) of Section 1
8    of the Prevention of Tobacco Use by Minors Act, the court
9    may impose a sentence of 15 hours of community service or a
10    fine of $25 for a first violation.
11        (b) A second violation by a minor of subsection (a-7)
12    of Section 1 of that Act that occurs within 12 months after
13    the first violation is punishable by a fine of $50 and 25
14    hours of community service.
15        (c) A third or subsequent violation by a minor of
16    subsection (a-7) of Section 1 of that Act that occurs
17    within 12 months after the first violation is punishable by
18    a $100 fine and 30 hours of community service.
19        (d) Any second or subsequent violation not within the
20    12-month time period after the first violation is
21    punishable as provided for a first violation.
22(Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19.)
 
23    (705 ILCS 405/5-710)
24    Sec. 5-710. Kinds of sentencing orders.
25    (1) The following kinds of sentencing orders may be made in

 

 

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1respect of wards of the court:
2        (a) Except as provided in Sections 5-805, 5-810, and
3    5-815, a minor who is found guilty under Section 5-620 may
4    be:
5            (i) put on probation or conditional discharge and
6        released to his or her parents, guardian or legal
7        custodian, provided, however, that any such minor who
8        is not committed to the Department of Juvenile Justice
9        under this subsection and who is found to be a
10        delinquent for an offense which is first degree murder,
11        a Class X felony, or a forcible felony shall be placed
12        on probation;
13            (ii) placed in accordance with Section 5-740, with
14        or without also being put on probation or conditional
15        discharge;
16            (iii) required to undergo a substance abuse
17        assessment conducted by a licensed provider and
18        participate in the indicated clinical level of care;
19            (iv) on and after the effective date of this
20        amendatory Act of the 98th General Assembly and before
21        January 1, 2017, placed in the guardianship of the
22        Department of Children and Family Services, but only if
23        the delinquent minor is under 16 years of age or,
24        pursuant to Article II of this Act, a minor for whom an
25        independent basis of abuse, neglect, or dependency
26        exists. On and after January 1, 2017, placed in the

 

 

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1        guardianship of the Department of Children and Family
2        Services, but only if the delinquent minor is under 15
3        years of age or, pursuant to Article II of this Act, a
4        minor for whom an independent basis of abuse, neglect,
5        or dependency exists. An independent basis exists when
6        the allegations or adjudication of abuse, neglect, or
7        dependency do not arise from the same facts, incident,
8        or circumstances which give rise to a charge or
9        adjudication of delinquency;
10            (v) placed in detention for a period not to exceed
11        30 days, either as the exclusive order of disposition
12        or, where appropriate, in conjunction with any other
13        order of disposition issued under this paragraph,
14        provided that any such detention shall be in a juvenile
15        detention home and the minor so detained shall be 10
16        years of age or older. However, the 30-day limitation
17        may be extended by further order of the court for a
18        minor under age 15 committed to the Department of
19        Children and Family Services if the court finds that
20        the minor is a danger to himself or others. The minor
21        shall be given credit on the sentencing order of
22        detention for time spent in detention under Sections
23        5-501, 5-601, 5-710, or 5-720 of this Article as a
24        result of the offense for which the sentencing order
25        was imposed. The court may grant credit on a sentencing
26        order of detention entered under a violation of

 

 

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1        probation or violation of conditional discharge under
2        Section 5-720 of this Article for time spent in
3        detention before the filing of the petition alleging
4        the violation. A minor shall not be deprived of credit
5        for time spent in detention before the filing of a
6        violation of probation or conditional discharge
7        alleging the same or related act or acts. The
8        limitation that the minor shall only be placed in a
9        juvenile detention home does not apply as follows:
10            Persons 18 years of age and older who have a
11        petition of delinquency filed against them may be
12        confined in an adult detention facility. In making a
13        determination whether to confine a person 18 years of
14        age or older who has a petition of delinquency filed
15        against the person, these factors, among other
16        matters, shall be considered:
17                (A) the age of the person;
18                (B) any previous delinquent or criminal
19            history of the person;
20                (C) any previous abuse or neglect history of
21            the person;
22                (D) any mental health history of the person;
23            and
24                (E) any educational history of the person;
25            (vi) ordered partially or completely emancipated
26        in accordance with the provisions of the Emancipation

 

 

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1        of Minors Act;
2            (vii) subject to having his or her driver's license
3        or driving privileges suspended for such time as
4        determined by the court but only until he or she
5        attains 18 years of age;
6            (viii) put on probation or conditional discharge
7        and placed in detention under Section 3-6039 of the
8        Counties Code for a period not to exceed the period of
9        incarceration permitted by law for adults found guilty
10        of the same offense or offenses for which the minor was
11        adjudicated delinquent, and in any event no longer than
12        upon attainment of age 21; this subdivision (viii)
13        notwithstanding any contrary provision of the law;
14            (ix) ordered to undergo a medical or other
15        procedure to have a tattoo symbolizing allegiance to a
16        street gang removed from his or her body; or
17            (x) placed in electronic monitoring or home
18        detention under Part 7A of this Article.
19        (b) A minor found to be guilty may be committed to the
20    Department of Juvenile Justice under Section 5-750 if the
21    minor is at least 13 years and under 20 years of age,
22    provided that the commitment to the Department of Juvenile
23    Justice shall be made only if the minor was found guilty of
24    a felony offense or first degree murder. The court shall
25    include in the sentencing order any pre-custody credits the
26    minor is entitled to under Section 5-4.5-100 of the Unified

 

 

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

 

 

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

 

 

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1    (7) In no event shall a guilty minor be committed to the
2Department of Juvenile Justice for a period of time in excess
3of that period for which an adult could be committed for the
4same act. The court shall include in the sentencing order a
5limitation on the period of confinement not to exceed the
6maximum period of imprisonment the court could impose under
7Article V of the Unified Code of Corrections.
8    (7.5) In no event shall a guilty minor be committed to the
9Department of Juvenile Justice or placed in detention when the
10act for which the minor was adjudicated delinquent would not be
11illegal if committed by an adult.
12    (7.6) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice for an offense which is a Class
144 felony under Section 19-4 (criminal trespass to a residence),
1521-1 (criminal damage to property), 21-1.01 (criminal damage to
16government supported property), 21-1.3 (criminal defacement of
17property), 26-1 (disorderly conduct), or 31-4 (obstructing
18justice) of the Criminal Code of 2012.
19    (7.75) In no event shall a guilty minor be committed to the
20Department of Juvenile Justice for an offense that is a Class 3
21or Class 4 felony violation of the Illinois Controlled
22Substances Act unless the commitment occurs upon a third or
23subsequent judicial finding of a violation of probation for
24substantial noncompliance with court-ordered treatment or
25programming.
26    (8) A minor found to be guilty for reasons that include a

 

 

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1violation of Section 21-1.3 of the Criminal Code of 1961 or the
2Criminal Code of 2012 shall be ordered to perform community
3service for not less than 30 and not more than 120 hours, if
4community service is available in the jurisdiction. The
5community service shall include, but need not be limited to,
6the cleanup and repair of the damage that was caused by the
7violation or similar damage to property located in the
8municipality or county in which the violation occurred. The
9order may be in addition to any other order authorized by this
10Section.
11    (8.5) A minor found to be guilty for reasons that include a
12violation of Section 3.02 or Section 3.03 of the Humane Care
13for Animals Act or paragraph (d) of subsection (1) of Section
1421-1 of the Criminal Code of 1961 or paragraph (4) of
15subsection (a) of Section 21-1 of the Criminal Code of 2012
16shall be ordered to undergo medical or psychiatric treatment
17rendered by a psychiatrist or psychological treatment rendered
18by a clinical psychologist. The order may be in addition to any
19other order authorized by this Section.
20    (9) In addition to any other sentencing order, the court
21shall order any minor found to be guilty for an act which would
22constitute, predatory criminal sexual assault of a child,
23aggravated criminal sexual assault, criminal sexual assault,
24aggravated criminal sexual abuse, or criminal sexual abuse if
25committed by an adult to undergo medical testing to determine
26whether the defendant has any sexually transmissible disease

 

 

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

 

 

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1the minor.
2    (10) When a court finds a minor to be guilty the court
3shall, before entering a sentencing order under this Section,
4make a finding whether the offense committed either: (a) was
5related to or in furtherance of the criminal activities of an
6organized gang or was motivated by the minor's membership in or
7allegiance to an organized gang, or (b) involved a violation of
8subsection (a) of Section 12-7.1 of the Criminal Code of 1961
9or the Criminal Code of 2012, a violation of any Section of
10Article 24 of the Criminal Code of 1961 or the Criminal Code of
112012, or a violation of any statute that involved the wrongful
12use of a firearm. If the court determines the question in the
13affirmative, and the court does not commit the minor to the
14Department of Juvenile Justice, the court shall order the minor
15to perform community service for not less than 30 hours nor
16more than 120 hours, provided that community service is
17available in the jurisdiction and is funded and approved by the
18county board of the county where the offense was committed. The
19community service shall include, but need not be limited to,
20the cleanup and repair of any damage caused by a violation of
21Section 21-1.3 of the Criminal Code of 1961 or the Criminal
22Code of 2012 and similar damage to property located in the
23municipality or county in which the violation occurred. When
24possible and reasonable, the community service shall be
25performed in the minor's neighborhood. This order shall be in
26addition to any other order authorized by this Section except

 

 

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1for an order to place the minor in the custody of the
2Department of Juvenile Justice. For the purposes of this
3Section, "organized gang" has the meaning ascribed to it in
4Section 10 of the Illinois Streetgang Terrorism Omnibus
5Prevention Act.
6    (11) If the court determines that the offense was committed
7in furtherance of the criminal activities of an organized gang,
8as provided in subsection (10), and that the offense involved
9the operation or use of a motor vehicle or the use of a
10driver's license or permit, the court shall notify the
11Secretary of State of that determination and of the period for
12which the minor shall be denied driving privileges. If, at the
13time of the determination, the minor does not hold a driver's
14license or permit, the court shall provide that the minor shall
15not be issued a driver's license or permit until his or her
1618th birthday. If the minor holds a driver's license or permit
17at the time of the determination, the court shall provide that
18the minor's driver's license or permit shall be revoked until
19his or her 21st birthday, or until a later date or occurrence
20determined by the court. If the minor holds a driver's license
21at the time of the determination, the court may direct the
22Secretary of State to issue the minor a judicial driving
23permit, also known as a JDP. The JDP shall be subject to the
24same terms as a JDP issued under Section 6-206.1 of the
25Illinois Vehicle Code, except that the court may direct that
26the JDP be effective immediately.

 

 

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

 

 

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1    may impose a sentence of 15 hours of community service or a
2    fine of $25 for a first violation.
3        (b) A second violation by a minor of subsection (a-7)
4    of Section 1 of that Act that occurs within 12 months after
5    the first violation is punishable by a fine of $50 and 25
6    hours of community service.
7        (c) A third or subsequent violation by a minor of
8    subsection (a-7) of Section 1 of that Act that occurs
9    within 12 months after the first violation is punishable by
10    a $100 fine and 30 hours of community service.
11        (d) Any second or subsequent violation not within the
12    12-month time period after the first violation is
13    punishable as provided for a first violation.
14(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
15eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
16100-759, eff. 1-1-19.)
 
17    Section 25. The Prevention of Tobacco Use by Minors and
18Sale and Distribution of Tobacco Products Act is amended by
19changing the title of the Act and Sections 0.01, 1, and 2 as
20follows:
 
21    (720 ILCS 675/Act title)
22An Act to prohibit persons under 21 years of age minors
23from buying or , selling, or possessing tobacco in any of its
24forms, to prohibit selling, giving or furnishing tobacco, in

 

 

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1any of its forms, to persons under 21 years of age minors, and
2to prohibit the distribution of tobacco samples and providing
3penalties therefor.
 
4    (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
5    Sec. 0.01. Short title. This Act may be cited as the
6Prevention of Tobacco Use by Persons under 21 Years of Age
7Minors and Sale and Distribution of Tobacco Products Act.
8(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
996-1000, eff. 7-2-10.)
 
10    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
11    Sec. 1. Prohibition on sale to and possession of tobacco
12products, electronic cigarettes, and alternative nicotine
13products to persons under 21 years of age by minors;
14prohibition on the distribution of tobacco product samples,
15electronic cigarette samples, and alternative nicotine product
16samples to any person; use of identification cards; vending
17machines; lunch wagons; out-of-package sales.
18    (a) No person minor under 21 18 years of age shall buy any
19tobacco product, electronic cigarette, or alternative nicotine
20product. No person shall sell, buy for, distribute samples of
21or furnish any tobacco product, electronic cigarette, or any
22alternative nicotine product to any person minor under 21 18
23years of age.
24    (a-5) No person minor under 16 years of age may sell any

 

 

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

 

 

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1electronic cigarette, or alternative nicotine product shall
2display or use a false or forged identification card or
3transfer, alter, or deface an identification card.
4     (a-7) (Blank). No minor under 18 years of age shall
5possess any cigar, cigarette, smokeless tobacco, or tobacco in
6any of its forms.
7    (a-8) A person shall not distribute without charge samples
8of any tobacco product to any other person, regardless of age,
9except for smokeless tobacco in an adult-only facility. :
10        (1) within a retail establishment selling tobacco
11    products, unless the retailer has verified the purchaser's
12    age with a government issued identification;
13        (2) from a lunch wagon; or
14        (3) on a public way as a promotion or advertisement of
15    a tobacco manufacturer or tobacco product.
16    This subsection (a-8) does not apply to the distribution of
17a tobacco product, electronic cigarette, or alternative
18nicotine product sample in any adult-only facility.
19    (a-9) For the purpose of this Section:
20        "Adult-only facility" means a facility or restricted
21    area (whether open-air or enclosed) where the operator
22    ensures or has a reasonable basis to believe (such as by
23    checking identification as required under State law, or by
24    checking the identification of any person appearing to be
25    under the age of 30 27) that no person under legal age is
26    present. A facility or restricted area need not be

 

 

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

 

 

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

 

 

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

 

 

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1sold through a vending machine only if such tobacco products,
2electronic cigarettes, and alternative nicotine products are
3not placed together with any non-tobacco product, other than
4matches, in the vending machine and the vending machine is in
5any of the following locations:
6        (1) (Blank).
7        (2) Places to which persons minors under 21 18 years of
8    age are not permitted access at any time.
9        (3) Places where alcoholic beverages are sold and
10    consumed on the premises and vending machine operation is
11    under the direct supervision of the owner or manager.
12        (4) (Blank).
13        (5) (Blank). Places where the vending machine can only
14    be operated by the owner or an employee over age 18 either
15    directly or through a remote control device if the device
16    is inaccessible to all customers.
17    (c) (Blank).
18    (d) The sale or distribution by any person of a tobacco
19product as defined in this Section, including but not limited
20to a single or loose cigarette, that is not contained within a
21sealed container, pack, or package as provided by the
22manufacturer, which container, pack, or package bears the
23health warning required by federal law, is prohibited.
24    (e) It is not a violation of this Act for a person under 21
2518 years of age to purchase or possess a tobacco product,
26electronic cigarette, or alternative nicotine product cigar,

 

 

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1cigarette, smokeless tobacco or tobacco in any of its forms if
2the person under the age of 21 18 purchases or is given the
3cigar, cigarette, smokeless tobacco or tobacco product,
4electronic cigarette, or alternative nicotine product in any of
5its forms from a retail seller of tobacco products, electronic
6cigarettes, or alternative nicotine products or an employee of
7the retail seller pursuant to a plan or action to investigate,
8patrol, or otherwise conduct a "sting operation" or enforcement
9action against a retail seller of tobacco products, electronic
10cigarettes, or alternative nicotine products or a person
11employed by the retail seller of tobacco products, electronic
12cigarettes, or alternative nicotine products or on any premises
13authorized to sell tobacco products, electronic cigarettes, or
14alternative nicotine products to determine if tobacco
15products, electronic cigarettes, or alternative nicotine
16products are being sold or given to persons under 21 18 years
17of age if the "sting operation" or enforcement action is
18approved by, conducted by, or conducted on behalf of the
19Department of State Police, the county sheriff, a municipal
20police department, the Department of Revenue, the Department of
21Public Health, or a local health department. The results of any
22sting operation or enforcement action, including the name of
23the clerk, shall be provided to the retail seller within 7
24business days.
25(Source: P.A. 98-1055, eff. 1-1-16.)
 

 

 

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1    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
2    Sec. 2. Penalties.
3    (a) Any person who violates subsection (a), or (a-5),
4(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
5(c) of Section 1.5 of this Act is guilty of a petty offense.
6For the first offense in a 24-month period, the person shall be
7fined $200 if his or her employer has a training program that
8facilitates compliance with minimum-age tobacco laws. For the
9second offense in a 24-month period, the person shall be fined
10$400 if his or her employer has a training program that
11facilitates compliance with minimum-age tobacco laws. For the
12third offense in a 24-month period, the person shall be fined
13$600 if his or her employer has a training program that
14facilitates compliance with minimum-age tobacco laws. For the
15fourth or subsequent offense in a 24-month period, the person
16shall be fined $800 if his or her employer has a training
17program that facilitates compliance with minimum-age tobacco
18laws. For the purposes of this subsection, the 24-month period
19shall begin with the person's first violation of the Act. The
20penalties in this subsection are in addition to any other
21penalties prescribed under the Cigarette Tax Act and the
22Tobacco Products Tax Act of 1995.
23    (a-5) Any retailer who violates subsection (a), or (a-5),
24(a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or
25(c) of Section 1.5 of this Act is guilty of a petty offense.
26For the first offense in a 24-month period, the retailer shall

 

 

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1be fined $200 if it does not have a training program that
2facilitates compliance with minimum-age tobacco laws. For the
3second offense in a 24-month period, the retailer shall be
4fined $400 if it does not have a training program that
5facilitates compliance with minimum-age tobacco laws. For the
6third offense within a 24-month period, the retailer shall be
7fined $600 if it does not have a training program that
8facilitates compliance with minimum-age tobacco laws. For the
9fourth or subsequent offense in a 24-month period, the retailer
10shall be fined $800 if it does not have a training program that
11facilitates compliance with minimum-age tobacco laws. For the
12purposes of this subsection, the 24-month period shall begin
13with the person's first violation of the Act. The penalties in
14this subsection are in addition to any other penalties
15prescribed under the Cigarette Tax Act and the Tobacco Products
16Tax Act of 1995.
17    (a-6) For the purpose of this Act, a training program that
18facilitates compliance with minimum-age tobacco laws must
19include at least the following elements: (i) it must explain
20that only individuals displaying valid identification
21demonstrating that they are 21 18 years of age or older shall
22be eligible to purchase cigarettes or tobacco products,
23electronic cigarettes, or alternative nicotine products and
24(ii) it must explain where a clerk can check identification for
25a date of birth. The training may be conducted electronically.
26Each retailer that has a training program shall require each

 

 

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1employee who completes the training program to sign a form
2attesting that the employee has received and completed tobacco
3training. The form shall be kept in the employee's file and may
4be used to provide proof of training.
5    (b) (Blank). If a minor violates subsection (a-7) of
6Section 1 or subsection (d) of Section 1.5, he or she is guilty
7of a petty offense and the court may impose a sentence of 25
8hours of community service and a fine of $50 for a first
9violation. If a person under 21 years of age minor violates
10subsection (a-6) of Section 1, he or she is guilty of a Class A
11misdemeanor.
12    (c) (Blank). A second violation by a minor of subsection
13(a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
14within 12 months after the first violation is punishable by a
15fine of $75 and 50 hours of community service.
16    (d) (Blank). A third or subsequent violation by a minor of
17subsection (a-7) of Section 1 or subsection (d) of Section 1.5
18that occurs within 12 months after the first violation is
19punishable by a $200 fine and 50 hours of community service.
20    (e) (Blank). Any second or subsequent violation not within
21the 12-month time period after the first violation is
22punishable as provided for a first violation.
23    (f) (Blank). If a minor is convicted of or placed on
24supervision for a violation of subsection (a-6) or (a-7) of
25Section 1 or subsection (d) of Section 1.5, the court may, in
26its discretion, and upon recommendation by the State's

 

 

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

 

 

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1    prosecuted the offender; and
2        (2) one-half shall be remitted to the State to be used
3    for enforcing this Act.
4    Any violation of subsection (a) or (a-5) of Section 1 or
5subsection (b) or (c) of Section 1.5 shall be reported to the
6Department of Revenue within 7 business days.
7(Source: P.A. 99-192, eff. 1-1-16; 99-496, eff. 6-1-16;
8100-201, eff. 8-18-17.)
 
9    (720 ILCS 675/1.5 rep.)
10    Section 30. The Prevention of Tobacco Use by Minors and
11Sale and Distribution of Tobacco Products Act is amended by
12repealing Section 1.5.
 
13    Section 35. The Display of Tobacco Products Act is amended
14by changing Sections 5, 10, and 15 as follows:
 
15    (720 ILCS 677/5)
16    Sec. 5. Definitions. In this Act:
17    "Electronic cigarette" "Alternative nicotine product" has
18the meaning ascribed to it in Section 1 1.5 of the Prevention
19of Tobacco Use by Persons under 21 Years of Age Minors and Sale
20and Distribution of Tobacco Products Act.
21    "Alternative nicotine product" has the meaning ascribed to
22it in Section 1 of the Prevention of Tobacco Use by Persons
23under 21 Years of Age and Sale and Distribution of Tobacco

 

 

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

 

 

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1    Sec. 15. Vending machines. This Act does not prohibit the
2sale of tobacco products, electronic cigarettes, or
3alternative nicotine products from vending machines if the
4location of the vending machines are in compliance with the
5provisions of Section 1 of the Prevention of Tobacco Use by
6Persons under 21 Years of Age Minors and Sale and Distribution
7of Tobacco Products Act.
8(Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10;
996-1000, eff. 7-2-10.)
 
10    Section 40. The Prevention of Cigarette Sales to Minors Act
11is amended by changing Sections 1, 5, 6, 7, and 8 as follows:
 
12    (720 ILCS 678/1)
13    Sec. 1. Short title. This Act may be cited as the
14Prevention of Cigarette Sales to Persons under 21 Years of Age
15Minors Act.
16(Source: P.A. 93-960, eff. 8-20-04.)
 
17    (720 ILCS 678/5)
18    Sec. 5. Unlawful shipment or transportation of cigarettes.
19    (a) It is unlawful for any person engaged in the business
20of selling cigarettes to ship or cause to be shipped any
21cigarettes unless the person shipping the cigarettes:
22        (1) is licensed as a distributor under either the
23    Cigarette Tax Act, or the Cigarette Use Tax Act; or

 

 

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

 

 

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1transporting not more than 1,000 cigarettes at any one time to
2any person in this State.
3    (c) A common or contract carrier may not complete the
4delivery of any cigarettes to persons other than those
5described in paragraph (a)(1) of this Section without first
6obtaining from the purchaser an official written
7identification from any state or federal agency that displays
8the person's date of birth or a birth certificate that includes
9a reliable confirmation that the purchaser is at least 21 18
10years of age; that the cigarettes purchased are not intended
11for consumption by an individual who is younger than 21 18
12years of age; and a written statement signed by the purchaser
13that certifies the purchaser's address and that the purchaser
14is at least 21 18 years of age. The statement shall also
15confirm: (1) that the purchaser understands that signing
16another person's name to the certification is illegal; (2) that
17the sale of cigarettes to individuals under 21 18 years of age
18is illegal; and (3) that the purchase of cigarettes by
19individuals under 21 18 years of age is illegal under the laws
20of Illinois.
21    (d) When a person engaged in the business of selling
22cigarettes ships or causes to be shipped any cigarettes to any
23person in this State, other than in the cigarette
24manufacturer's or tobacco products manufacturer's original
25container or wrapping, the container or wrapping must be
26plainly and visibly marked with the word "cigarettes".

 

 

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

 

 

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1connection with a delivery sale unless the person:
2        (1) prior to the first delivery sale to the prospective
3    consumer, obtains from the prospective consumer a written
4    certification which includes a statement signed by the
5    prospective consumer that certifies:
6            (A) the prospective consumer's current address;
7        and
8            (B) that the prospective consumer is at least the
9        legal minimum age;
10        (2) informs, in writing, such prospective consumer
11    that:
12            (A) the signing of another person's name to the
13        certification described in this Section is illegal;
14            (B) sales of cigarettes to individuals under 21 18
15        years of age are illegal;
16            (C) the purchase of cigarettes by individuals
17        under 21 18 years of age is illegal; and
18            (D) the name and identity of the prospective
19        consumer may be reported to the state of the consumer's
20        current address under the Act of October 19, 1949 (15
21        U.S.C. 375, et seq.), commonly known as the Jenkins
22        Act;
23        (3) makes a good faith effort to verify the date of
24    birth of the prospective consumer provided pursuant to this
25    Section by:
26            (A) comparing the date of birth against a

 

 

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

 

 

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1    (c) A statement meets the requirement of this Section if:
2        (1) the statement is clear and conspicuous;
3        (2) the statement is contained in a printed box set
4    apart from the other contents of the communication;
5        (3) the statement is printed in bold, capital letters;
6        (4) the statement is printed with a degree of color
7    contrast between the background and the printed statement
8    that is no less than the color contrast between the
9    background and the largest text used in the communication;
10    and
11        (5) for any printed material delivered by electronic
12    means, the statement appears at both the top and the bottom
13    of the electronic mail message or both the top and the
14    bottom of the Internet website homepage.
15    (d) Each person, other than a delivery service, who mails,
16ships, or otherwise causes to be delivered a shipping package
17in connection with a delivery sale shall:
18        (1) include as part of the shipping documents a clear
19    and conspicuous statement stating: "Cigarettes: Illinois
20    Law Prohibits Shipping to Individuals Under 21 18 and
21    Requires the Payment of All Applicable Taxes";
22        (2) use a method of mailing, shipping, or delivery that
23    requires a signature before the shipping package is
24    released to the consumer; and
25        (3) ensure that the shipping package is not delivered
26    to any post office box.

 

 

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

 

 

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1the consumer is located the information required in subsection
2(a).
3    (c) Any person that satisfies the requirements of 15 U.S.C.
4Section 376 shall be deemed to satisfy the requirements of
5subsections (a) and (b).
6    (d) The Department is authorized to disclose to the
7Attorney General any information received under this title and
8requested by the Attorney General. The Department and the
9Attorney General shall share with each other the information
10received under this title and may share the information with
11other federal, State, or local agencies for purposes of
12enforcement of this title or the laws of the federal government
13or of other states.
14    (e) This Section shall not be construed to impose liability
15upon any delivery service, or officers or employees thereof,
16when acting within the scope of business of the delivery
17service.
18    (f) The Department may establish procedures requiring
19electronic transmission of the information required by this
20Section directly to the Department on forms prescribed and
21furnished by the Department.
22(Source: P.A. 95-1053, eff. 1-1-10; 96-782, eff. 1-1-10.)
 
23    (720 ILCS 680/Act rep.)
24    Section 45. The Smokeless Tobacco Limitation Act is
25repealed.
 

 

 

HB0345 Enrolled- 56 -LRB101 05314 SLF 50328 b

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

 

 

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1    (a) Sale to persons under 21 years of age minors. No person
2shall knowingly sell, barter, exchange, deliver or give away or
3cause or permit or procure to be sold, bartered, exchanged,
4delivered, or given away tobacco accessories or smoking herbs
5to any person under 21 18 years of age.
6    (a-5) Sale of bidi cigarettes. No person shall knowingly
7sell, barter, exchange, deliver, or give away a bidi cigarette
8to another person, nor shall a person cause or permit or
9procure a bidi cigarette to be sold, bartered, exchanged,
10delivered, or given away to another person.
11    (b) Sale of cigarette paper. No person shall knowingly
12offer, sell, barter, exchange, deliver or give away cigarette
13paper or cause, permit, or procure cigarette paper to be sold,
14offered, bartered, exchanged, delivered, or given away except
15from premises or an establishment where other tobacco products
16are sold. For purposes of this Section, "tobacco products"
17means cigarettes, cigars, smokeless tobacco, or tobacco in any
18of its forms.
19    (b-5) Sale of flavored wrapping paper and wrapping leaf. A
20person shall not knowingly sell, give away, barter, exchange,
21or otherwise furnish to any person any wrapping paper or
22wrapping leaf, however characterized, including, without
23limitation, cigarette papers, blunt wraps, cigar wraps, or
24tubes of paper or leaf, or any similar device, for the purpose
25of making a roll of tobacco or herbs for smoking, that is or is
26held out to be, impregnated, scented, or imbibed with, or aged

 

 

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

 

 

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1MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
2BY LAW". The sign shall be printed on a white card in red
3letters at least one-half inch in height.
4(Source: P.A. 97-917, eff. 8-9-12.)
 
5    Section 99. Effective date. This Act takes effect July 1,
62019.