SB3174 96TH GENERAL ASSEMBLY

LRB096 20248 RLC 35831 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3174

Introduced 2/9/2010, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

720 ILCS 685/4	from Ch. 23, par. 2358-4
720 ILCS 685/5	from Ch. 23, par. 2358-5

Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that a product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product shall not be distributed or sold in the State or to consumers in the State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Establishes penalties for violations.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Tobacco Accessories and Smoking Herbs Control Act is amended by changing Sections 4 and 5 as follows:

(720 ILCS 685/4) (from Ch. 23, par. 2358-4)

Sec. 4. Offenses.

(a) Sale to minors. No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered, or given away tobacco accessories or smoking herbs to any person under 18 years of age.

(a-5) Sale of bidi cigarettes. No person shall knowingly sell, barter, exchange, deliver, or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered, or given away to another person.

(a-6) Nicotine delivery products. No product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product as defined in Section 1 of the Prevention of Tobacco Use by Minors Act (as amended by P.A. 96-179)/Sale and Distribution of Tobacco Products Act (as amended by P.A. 96-446) shall be distributed or sold in this State or to consumers in this State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes, and is being marketed and sold solely for that approved purpose.

(b) Sale of cigarette paper. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away except from premises or an establishment where other tobacco products are sold. For purposes of this Section, "tobacco products" means cigarettes, cigars, smokeless tobacco, or tobacco in any of its forms.

(c) Sale of cigarette paper from vending machines. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away by use of a vending or coin-operated machine or device. For purposes of this Section, "cigarette paper" shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the Cigarette Tax Act or the Cigarette Use Tax Act.

(d) Use of identification cards. No person in the furtherance or facilitation of obtaining smoking accessories and smoking herbs shall display or use a false or forged identification card or transfer, alter, or deface an identification card.

(e) Warning to minors. Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be printed on a white card in red letters at least one-half inch in height.

(Source: P.A. 91-734, eff. 1-1-01.)

(720 ILCS 685/5) (from Ch. 23, par. 2358-5)

Sec. 5. Penalty.

(a) Any person who shall knowingly violate, or shall knowingly cause the violation of any provision of this Act other than subsection (a-5) or (a-6) of Section 4 shall be guilty of a Class C misdemeanor.

(b) Any person who knowingly violates or knowingly causes the violation of subsection (a-5) or (a-6) of Section 4 is guilty of a petty offense for which the offender may be fined an amount as follows:

(1) For a first offense, not less than $100 and not more than $500.

(2) For a second offense within a 2-year period, not less than $250 and not more than $500.

(3) For a third or subsequent offense within a 2-year period, not less than $500 and not more than $1,000.

(Source: P.A. 91-734, eff. 1-1-01.)