98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1756

 

Introduced 2/15/2013, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 675/1.5 new
720 ILCS 675/2  from Ch. 23, par. 2358

    Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Provides that a person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, may not sell, offer for sale, give, or furnish any alternative nicotine product, or any cartridge or component of an alternative nicotine product, to a person under 18 years of age. Provides that before selling, offering for sale, giving, or furnishing an alternative nicotine product, or any cartridge or component of an alternative nicotine product, to another person, the person selling, offering for sale, giving, or furnishing the alternative nicotine product shall verify that the person is at least 18 years of age by: (1) examining from any person that appears to be under 27 years of age a government-issued photographic identification that establishes the person is at least 18 years of age or (2) for sales made though the Internet or other remote sales methods, performing an age verification through an independent, third-party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 18 years of age or older. Establishes penalties.


LRB098 05213 RLC 40473 b

 

 

A BILL FOR

 

SB1756LRB098 05213 RLC 40473 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 Prevention of Tobacco Use by Minors and Sale
5and Distribution of Tobacco Products Act is amended by changing
6Section 2 and adding Section 1.5 as follows:
 
7    (720 ILCS 675/1.5 new)
8    Sec. 1.5. Distribution of alternative nicotine products to
9persons under 18 years of age prohibited.
10    (a) For the purposes of this Section, "alternative nicotine
11product" means a product or device not consisting of or
12containing tobacco that provides for the ingestion into the
13body of nicotine, whether by chewing, smoking, absorbing,
14dissolving, inhaling, snorting, sniffing, or by any other
15means. "Alternative nicotine product" excludes cigarettes,
16smokeless tobacco, or other tobacco products as these terms are
17defined in Section 1 of this Act and any product approved by
18the United States Food and Drug Administration as a non-tobacco
19product for sale as a tobacco cessation product, as a tobacco
20dependence product, or for other medical purposes, and is being
21marketed and sold solely for that approved purpose.
22    (b) A person, either directly or indirectly by an agent or
23employee, or by a vending machine owned by the person or

 

 

SB1756- 2 -LRB098 05213 RLC 40473 b

1located in the person's establishment, may not sell, offer for
2sale, give, or furnish any alternative nicotine product, or any
3cartridge or component of an alternative nicotine product, to a
4person under 18 years of age.
5    (c) Before selling, offering for sale, giving, or
6furnishing an alternative nicotine product, or any cartridge or
7component of an alternative nicotine product, to another
8person, the person selling, offering for sale, giving, or
9furnishing the alternative nicotine product shall verify that
10the person is at least 18 years of age by:
11        (1) examining from any person that appears to be under
12    27 years of age a government-issued photographic
13    identification that establishes the person is at least 18
14    years of age or
15        (2) for sales made though the Internet or other remote
16    sales methods, performing an age verification through an
17    independent, third-party age verification service that
18    compares information available from public records to the
19    personal information entered by the person during the
20    ordering process that establishes the person is 18 years of
21    age or older.
 
22    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
23    Sec. 2. Penalties.
24    (a) Any person who violates subsection (a), (a-5), or (a-6)
25of Section 1 or Section 1.5 of this Act is guilty of a petty

 

 

SB1756- 3 -LRB098 05213 RLC 40473 b

1offense and for the first offense shall be fined $200, $400 for
2the second offense in a 12-month period, and $600 for the third
3or any subsequent offense in a 12-month period.
4    (b) If a minor violates subsection (a-7) of Section 1 he or
5she is guilty of a petty offense and the court may impose a
6sentence of 15 hours of community service or a fine of $25 for
7a first violation.
8    (c) A second violation by a minor of subsection (a-7) of
9Section 1 that occurs within 12 months after the first
10violation is punishable by a fine of $50 and 25 hours of
11community service.
12    (d) A third or subsequent violation by a minor of
13subsection (a-7) of Section 1 that occurs within 12 months
14after the first violation is punishable by a $100 fine and 30
15hours of community service.
16    (e) Any second or subsequent violation not within the
1712-month time period after the first violation is punishable as
18provided for a first violation.
19    (f) If a minor is convicted of or placed on supervision for
20a violation of subsection (a-7) of Section 1, the court may, in
21its discretion, and upon recommendation by the State's
22Attorney, order that minor and his or her parents or legal
23guardian to attend a smoker's education or youth diversion
24program if that program is available in the jurisdiction where
25the offender resides. Attendance at a smoker's education or
26youth diversion program shall be time-credited against any

 

 

SB1756- 4 -LRB098 05213 RLC 40473 b

1community service time imposed for any first violation of
2subsection (a-7) of Section 1. In addition to any other penalty
3that the court may impose for a violation of subsection (a-7)
4of Section 1, the court, upon request by the State's Attorney,
5may in its discretion require the offender to remit a fee for
6his or her attendance at a smoker's education or youth
7diversion program.
8    (g) For purposes of this Section, "smoker's education
9program" or "youth diversion program" includes, but is not
10limited to, a seminar designed to educate a person on the
11physical and psychological effects of smoking tobacco products
12and the health consequences of smoking tobacco products that
13can be conducted with a locality's youth diversion program.
14    (h) All moneys collected as fines for violations of
15subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
16distributed in the following manner:
17        (1) one-half of each fine shall be distributed to the
18    unit of local government or other entity that successfully
19    prosecuted the offender; and
20        (2) one-half shall be remitted to the State to be used
21    for enforcing this Act.
22(Source: P.A. 96-179, eff. 8-10-09.)