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90_SB0309 720 ILCS 675/Act title 720 ILCS 675/0.01 from Ch. 23, par. 2356.9 720 ILCS 675/1.5 new 720 ILCS 675/2 from Ch. 23, par. 2358 Amends the Sale of Tobacco to Minors Act. Changes the title of the Act. Prohibits a person under 18 years of age from smoking tobacco, in, on, or within 1,000 feet of a school between the hours of 6 a.m. and midnight. Provides that the penalty is a petty offense with a maximum fine of $25. Provides that the court may sentence the offender to 50 hours of community service, or to an anti-tobacco alternative to suspension program, if available. Effective immediately. LRB9002022RCks LRB9002022RCks 1 AN ACT to amend the Sale of Tobacco to Minors Act by 2 changing the title of the Act and Sections 0.01 and 2 and 3 adding Section 1.5. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 5. The Sale of Tobacco to Minors Act is amended 7 by changing the title of the Act and Sections 0.01 and 2 and 8 adding Section 1.5 as follows: 9 (720 ILCS 675/Act title) 10 An Act to prohibit minors from buying or selling tobacco 11 in any of its forms, to prohibit minors from smoking tobacco 12 in, on, or within 1,000 feet of school property during 13 certain hours, to prohibit selling, giving or furnishing 14 tobacco, in any of its forms, to minors, and providing 15 penalties for violations
therefor. 16 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9) 17 Sec. 0.01. Short title. This Act may be cited as the 18 Sale ofTobacco Sale to and Smoking by Minors Act. 19 (Source: P.A. 86-1324.) 20 (720 ILCS 675/1.5 new) 21 Sec. 1.5. Smoking by minors prohibited near school 22 property; penalty. 23 (a) It is unlawful for any person under 18 years of age 24 to smoke a cigar, cigarette, smokeless tobacco, or tobacco in 25 any of its forms in, on, or within 1,000 feet of the real 26 property comprising a public or private elementary or 27 secondary school between the hours of 6 a.m. and midnight. 28 This Section does not apply to any person occupying a moving 29 motor vehicle or within a private residence. 30 (b) A peace officer may issue a notice to appear in such -2- LRB9002022RCks 1 form as prescribed in Section 107-12 of the Code of Criminal 2 Procedure of 1963 to any person that the peace officer has 3 probable cause to believe has violated this Section. 4 (720 ILCS 675/2) (from Ch. 23, par. 2358) 5 Sec. 2. Sentence. 6 (a) Any person who violates Section 1 of any provision7 ofthis Act is guilty of a petty offense and for the first 8 offense shall be fined $200, $400 for the second offense in a 9 12-month period, and $600 for the third or any subsequent 10 offense in a 12-month period. 11 (b) A person who violates Section 1.5 of this Act is 12 guilty of a petty offense and may be fined not to exceed $25, 13 ordered to perform 50 hours of community service, or ordered 14 to successfully complete a school approved anti-tobacco 15 alternative to suspension program, if available. 16 (c) One-half of each fine collected under this Section 17 shall be distributed to the unit of local government or other 18 entity that successfully prosecuted the offender and one-half 19 shall be remitted to the State to be used for enforcing this 20 Act. 21 (Source: P.A. 88-418.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.
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