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Sen. John G. Mulroe
Filed: 3/8/2016
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1 | | AMENDMENT TO SENATE BILL 3011
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3011 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Cigarette Tax Act is amended by changing |
5 | | Section 6 as follows:
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6 | | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
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7 | | Sec. 6. Revocation, cancellation, or suspension of |
8 | | license. The Department may, after notice and hearing as |
9 | | provided for by this
Act, revoke, cancel or suspend the license |
10 | | of any distributor, secondary distributor, or retailer for the
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11 | | violation of any provision of this Act, or for noncompliance |
12 | | with any
provision herein contained, or for any noncompliance |
13 | | with any lawful rule
or regulation promulgated by the |
14 | | Department under Section 8 of this Act, or
because the licensee |
15 | | is determined to be ineligible for a distributor's
license for |
16 | | any one or more of the reasons provided for in Section 4 of
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1 | | this Act, or because the licensee is determined to be |
2 | | ineligible for a secondary distributor's license for any one or |
3 | | more of the reasons provided for in Section 4c of this Act, or |
4 | | because the licensee is determined to be ineligible for a |
5 | | retailer's license for any one or more of the reasons provided |
6 | | for in Section 4g of this Act. However, no such license shall |
7 | | be revoked, cancelled or
suspended, except after a hearing by |
8 | | the Department with notice to the
distributor, secondary |
9 | | distributor, or retailer, as aforesaid, and affording such |
10 | | distributor, secondary distributor, or retailer a reasonable
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11 | | opportunity to appear and defend, and any distributor, |
12 | | secondary distributor, or retailer aggrieved by any
decision of |
13 | | the Department with respect thereto may have the determination
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14 | | of the Department judicially reviewed, as herein provided.
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15 | | The Department may revoke, cancel, or suspend the license |
16 | | of any
distributor for a violation of the Tobacco Product |
17 | | Manufacturers' Escrow
Enforcement Act as provided in Section 30 |
18 | | of that Act. The Department may revoke, cancel, or suspend the |
19 | | license of any secondary distributor for a violation of |
20 | | subsection (e) of Section 15 of the Tobacco Product |
21 | | Manufacturers' Escrow Enforcement Act.
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22 | | If the retailer has a training program that facilitates |
23 | | compliance with minimum-age tobacco laws, the Department shall |
24 | | suspend for 3 days the license of that retailer for a fourth or |
25 | | subsequent violation of the Prevention of Tobacco Use by |
26 | | Persons under 21 Years of Age Minors and Sale and Distribution |
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1 | | of Tobacco Products Act, as provided in subsection (a) of |
2 | | Section 2 of that Act. For the purposes of this Section, any |
3 | | violation of subsection (a) of Section 2 of the Prevention of |
4 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale |
5 | | and Distribution of Tobacco Products Act occurring at the |
6 | | retailer's licensed location during a 24-month period shall be |
7 | | counted as a violation against the retailer. |
8 | | If the retailer does not have a training program that |
9 | | facilitates compliance with minimum-age tobacco laws, the |
10 | | Department shall suspend for 3 days the license of that |
11 | | retailer for a second violation of the Prevention of Tobacco |
12 | | Use by Persons under 21 Years of Age Minors and Sale and |
13 | | Distribution 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 |
16 | | facilitates compliance with minimum-age tobacco laws, the |
17 | | Department shall suspend for 7 days the license of that |
18 | | retailer for a third violation of the Prevention of Tobacco Use |
19 | | by Persons under 21 Years of Age Minors and Sale and |
20 | | Distribution of Tobacco Products Act, as provided in subsection |
21 | | (a-5) of Section 2 of that Act. |
22 | | If the retailer does not have a training program that |
23 | | facilitates compliance with minimum-age tobacco laws, the |
24 | | Department shall suspend for 30 days the license of a retailer |
25 | | for a fourth or subsequent violation of the Prevention of |
26 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale |
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1 | | and Distribution of Tobacco Products Act, as provided in |
2 | | subsection (a-5) of Section 2 of that Act. |
3 | | A training program that facilitates compliance with |
4 | | minimum-age tobacco laws must include at least the following |
5 | | elements: (i) it must explain that only individuals displaying |
6 | | valid identification demonstrating that they are 21 18 years of |
7 | | age or older shall be eligible to purchase cigarettes or |
8 | | tobacco products and (ii) it must explain where a clerk can |
9 | | check identification for a date of birth. The training may be |
10 | | conducted electronically. Each retailer that has a training |
11 | | program shall require each employee who completes the training |
12 | | program to sign a form attesting that the employee has received |
13 | | and completed tobacco training. The form shall be kept in the |
14 | | employee's file and may be used to provide proof of training. |
15 | | Any distributor, secondary distributor, or retailer |
16 | | aggrieved by any decision of the Department under this
Section
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17 | | may, within 20 days after notice of the decision, protest and |
18 | | request a
hearing. Upon receiving a request for a hearing, the |
19 | | Department shall give
notice in writing to the distributor, |
20 | | secondary distributor, or retailer requesting the hearing that |
21 | | contains a
statement of the charges preferred against the |
22 | | distributor, secondary distributor, or retailer and that |
23 | | states the
time and place fixed for the hearing. The Department |
24 | | shall hold the hearing in
conformity with the provisions of |
25 | | this Act and then issue its final
administrative decision in |
26 | | the matter to the distributor, secondary distributor, or |
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1 | | retailer. In the absence of a
protest and request for a hearing |
2 | | within 20 days, the Department's decision
shall become final |
3 | | without any further determination being made or notice
given.
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4 | | No license so revoked, as aforesaid, shall be reissued to |
5 | | any such
distributor, secondary distributor, or retailer |
6 | | within a period of 6 months after the date of the final
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7 | | determination of such revocation. No such license shall be |
8 | | reissued at all
so long as the person who would receive the |
9 | | license is ineligible to
receive a distributor's license under |
10 | | this Act for any one or more of the
reasons provided for in |
11 | | Section 4 of this Act, is ineligible to receive a secondary |
12 | | distributor's license under this Act for any one or more of the |
13 | | reasons provided for in Section 4c of this Act, or is |
14 | | determined to be ineligible for a retailer's license under the |
15 | | Act for any one or more of the reasons provided for in Section |
16 | | 4g of this Act.
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17 | | The Department upon complaint filed in the circuit
court |
18 | | may by injunction
restrain any person who fails, or refuses, to |
19 | | comply with any of the
provisions of this Act from acting as a |
20 | | distributor, secondary distributor, or retailer of cigarettes |
21 | | in this
State.
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22 | | (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16 .)
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23 | | Section 10. The Tobacco Products Tax Act of 1995 is amended |
24 | | by changing Section 10-25 as follows:
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1 | | (35 ILCS 143/10-25)
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2 | | Sec. 10-25. License actions. |
3 | | (a) The Department may, after notice and a hearing,
revoke, |
4 | | cancel, or suspend the license of any distributor or retailer |
5 | | who violates any of
the provisions of this Act. The notice |
6 | | shall specify the alleged violation or
violations upon which |
7 | | the revocation, cancellation, or suspension proceeding is
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8 | | based.
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9 | | (b) The Department may revoke, cancel, or suspend the |
10 | | license of any
distributor for a violation of the Tobacco |
11 | | Product Manufacturers' Escrow
Enforcement Act as provided in |
12 | | Section 20 of that Act.
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13 | | (c) If the retailer has a training program that facilitates |
14 | | compliance with minimum-age tobacco laws, the Department shall |
15 | | suspend for 3 days the license of that retailer for a fourth or |
16 | | subsequent violation of the Prevention of Tobacco Use by |
17 | | Persons under 21 Years of Age Minors and Sale and Distribution |
18 | | of Tobacco Products Act, as provided in subsection (a) of |
19 | | Section 2 of that Act. For the purposes of this Section, any |
20 | | violation of subsection (a) of Section 2 of the Prevention of |
21 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale |
22 | | and Distribution of Tobacco Products Act occurring at the |
23 | | retailer's licensed location, during a 24-month period, shall |
24 | | be counted as a violation against the retailer. |
25 | | If the retailer does not have a training program that |
26 | | facilitates compliance with minimum-age tobacco laws, the |
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1 | | Department shall suspend for 3 days the license of that |
2 | | retailer for a second violation of the Prevention of Tobacco |
3 | | Use by Persons under 21 Years of Age Minors and Sale and |
4 | | Distribution of Tobacco Products Act, as provided in subsection |
5 | | (a-5) of Section 2 of that Act. |
6 | | If the retailer does not have a training program that |
7 | | facilitates compliance with minimum-age tobacco laws, the |
8 | | Department shall suspend for 7 days the license of that |
9 | | retailer for a third violation of the Prevention of Tobacco Use |
10 | | by Persons under 21 Years of Age Minors and Sale and |
11 | | Distribution of Tobacco Products Act, as provided in subsection |
12 | | (a-5) of Section 2 of that Act. |
13 | | If the retailer does not have a training program that |
14 | | facilitates compliance with minimum-age tobacco laws, the |
15 | | Department shall suspend for 30 days the license of a retailer |
16 | | for a fourth or subsequent violation of the Prevention of |
17 | | Tobacco Use by Persons under 21 Years of Age Minors and Sale |
18 | | and Distribution of Tobacco Products Act, as provided in |
19 | | subsection (a-5) of Section 2 of that Act. |
20 | | A training program that facilitates compliance with |
21 | | minimum-age tobacco laws must include at least the following |
22 | | elements: (i) it must explain that only individuals displaying |
23 | | valid identification demonstrating that they are 21 18 years of |
24 | | age or older shall be eligible to purchase cigarettes or |
25 | | tobacco products and (ii) it must explain where a clerk can |
26 | | check identification for a date of birth. The training may be |
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1 | | conducted electronically. Each retailer that has a training |
2 | | program shall require each employee who completes the training |
3 | | program to sign a form attesting that the employee has received |
4 | | and completed tobacco training. The form shall be kept in the |
5 | | employee's file and may be used to provide proof of training. |
6 | | (d) The Department may, by application to any circuit |
7 | | court, obtain an injunction
restraining any person who engages |
8 | | in business as a distributor of tobacco
products without a |
9 | | license (either because his or her license has been revoked,
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10 | | canceled, or suspended or because of a failure to obtain a |
11 | | license in the first
instance) from engaging in that business |
12 | | until that person, as if that person
were a new applicant for a |
13 | | license, complies with all of the conditions,
restrictions, and |
14 | | requirements of Section 10-20 of this Act and qualifies for
and |
15 | | obtains a license. Refusal or neglect to obey the order of the |
16 | | court may
result in punishment for contempt.
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17 | | (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16 .)
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18 | | Section 15. The Liquor Control Act of 1934 is amended by |
19 | | changing Sections 3-12 and 6-16.1 as follows:
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20 | | (235 ILCS 5/3-12)
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21 | | Sec. 3-12. Powers and duties of State Commission.
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22 | | (a) The State commission shall have the following powers, |
23 | | functions, and
duties:
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24 | | (1) To receive applications and to issue licenses to |
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1 | | manufacturers,
foreign importers, importing distributors, |
2 | | distributors, non-resident dealers,
on premise consumption |
3 | | retailers, off premise sale retailers, special event
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4 | | retailer licensees, special use permit licenses, auction |
5 | | liquor licenses, brew
pubs, caterer retailers, |
6 | | non-beverage users, railroads, including owners and
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7 | | lessees of sleeping, dining and cafe cars, airplanes, |
8 | | boats, brokers, and wine
maker's premises licensees in |
9 | | accordance with the provisions of this Act, and
to suspend |
10 | | or revoke such licenses upon the State commission's |
11 | | determination,
upon notice after hearing, that a licensee |
12 | | has violated any provision of this
Act or any rule or |
13 | | regulation issued pursuant thereto and in effect for 30 |
14 | | days
prior to such violation. Except in the case of an |
15 | | action taken pursuant to a
violation of Section 6-3, 6-5, |
16 | | or 6-9, any action by the State Commission to
suspend or |
17 | | revoke a licensee's license may be limited to the license |
18 | | for the
specific premises where the violation occurred.
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19 | | In lieu of suspending or revoking a license, the |
20 | | commission may impose
a fine, upon the State commission's |
21 | | determination and notice after hearing,
that a licensee has |
22 | | violated any provision of this Act or any rule or
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23 | | regulation issued pursuant thereto and in effect for 30 |
24 | | days prior to such
violation. |
25 | | For the purpose of this paragraph (1), when determining |
26 | | multiple violations for the sale of alcohol to a person |
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1 | | under the age of 21, a second or subsequent violation for |
2 | | the sale of alcohol to a person under the age of 21 shall |
3 | | only be considered if it was committed within 5 years after |
4 | | the date when a prior violation for the sale of alcohol to |
5 | | a person under the age of 21 was committed. |
6 | | The fine imposed under this paragraph may not exceed |
7 | | $500 for each
violation. Each day that the activity, which |
8 | | gave rise to the original fine,
continues is a separate |
9 | | violation. The maximum fine that may be levied against
any |
10 | | licensee, for the period of the license, shall not exceed |
11 | | $20,000.
The maximum penalty that may be imposed on a |
12 | | licensee for selling a bottle of
alcoholic liquor with a |
13 | | foreign object in it or serving from a bottle of
alcoholic |
14 | | liquor with a foreign object in it shall be the destruction |
15 | | of that
bottle of alcoholic liquor for the first 10 bottles |
16 | | so sold or served from by
the licensee. For the eleventh |
17 | | bottle of alcoholic liquor and for each third
bottle |
18 | | thereafter sold or served from by the licensee with a |
19 | | foreign object in
it, the maximum penalty that may be |
20 | | imposed on the licensee is the destruction
of the bottle of |
21 | | alcoholic liquor and a fine of up to $50.
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22 | | (2) To adopt such rules and regulations consistent with |
23 | | the
provisions of this Act which shall be necessary to |
24 | | carry on its
functions and duties to the end that the |
25 | | health, safety and welfare of
the People of the State of |
26 | | Illinois shall be protected and temperance in
the |
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1 | | consumption of alcoholic liquors shall be fostered and |
2 | | promoted and
to distribute copies of such rules and |
3 | | regulations to all licensees
affected thereby.
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4 | | (3) To call upon other administrative departments of |
5 | | the State,
county and municipal governments, county and |
6 | | city police departments and
upon prosecuting officers for |
7 | | such information and assistance as it
deems necessary in |
8 | | the performance of its duties.
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9 | | (4) To recommend to local commissioners rules and |
10 | | regulations, not
inconsistent with the law, for the |
11 | | distribution and sale of alcoholic
liquors throughout the |
12 | | State.
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13 | | (5) To inspect, or cause to be inspected, any
premises |
14 | | in this State
where alcoholic liquors are manufactured, |
15 | | distributed, warehoused, or
sold. Nothing in this Act
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16 | | authorizes an agent of the Commission to inspect private
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17 | | areas within the premises without reasonable suspicion or a |
18 | | warrant
during an inspection. "Private areas" include, but |
19 | | are not limited to, safes, personal property, and closed |
20 | | desks.
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21 | | (5.1) Upon receipt of a complaint or upon having |
22 | | knowledge that any person
is engaged in business as a |
23 | | manufacturer, importing distributor, distributor,
or |
24 | | retailer without a license or valid license, to notify the |
25 | | local liquor
authority, file a complaint with the State's |
26 | | Attorney's Office of the county
where the incident |
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1 | | occurred, or initiate an investigation with the |
2 | | appropriate
law enforcement officials.
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3 | | (5.2) To issue a cease and desist notice to persons |
4 | | shipping alcoholic
liquor
into this State from a point |
5 | | outside of this State if the shipment is in
violation of |
6 | | this Act.
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7 | | (5.3) To receive complaints from licensees, local |
8 | | officials, law
enforcement agencies, organizations, and |
9 | | persons stating that any licensee has
been or is violating |
10 | | any provision of this Act or the rules and regulations
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11 | | issued pursuant to this Act. Such complaints shall be in |
12 | | writing, signed and
sworn to by the person making the |
13 | | complaint, and shall state with specificity
the facts in |
14 | | relation to the alleged violation. If the Commission has
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15 | | reasonable grounds to believe that the complaint |
16 | | substantially alleges a
violation of this Act or rules and |
17 | | regulations adopted pursuant to this Act, it
shall conduct |
18 | | an investigation. If, after conducting an investigation, |
19 | | the
Commission is satisfied that the alleged violation did |
20 | | occur, it shall proceed
with disciplinary action against |
21 | | the licensee as provided in this Act.
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22 | | (6) To hear and determine appeals from orders of a |
23 | | local commission
in accordance with the provisions of this |
24 | | Act, as hereinafter set forth.
Hearings under this |
25 | | subsection shall be held in Springfield or Chicago,
at |
26 | | whichever location is the more convenient for the majority |
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1 | | of persons
who are parties to the hearing.
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2 | | (7) The commission shall establish uniform systems of |
3 | | accounts to be
kept by all retail licensees having more |
4 | | than 4 employees, and for this
purpose the commission may |
5 | | classify all retail licensees having more
than 4 employees |
6 | | and establish a uniform system of accounts for each
class |
7 | | and prescribe the manner in which such accounts shall be |
8 | | kept.
The commission may also prescribe the forms of |
9 | | accounts to be kept by
all retail licensees having more |
10 | | than 4 employees, including but not
limited to accounts of |
11 | | earnings and expenses and any distribution,
payment, or |
12 | | other distribution of earnings or assets, and any other
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13 | | forms, records and memoranda which in the judgment of the |
14 | | commission may
be necessary or appropriate to carry out any |
15 | | of the provisions of this
Act, including but not limited to |
16 | | such forms, records and memoranda as
will readily and |
17 | | accurately disclose at all times the beneficial
ownership |
18 | | of such retail licensed business. The accounts, forms,
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19 | | records and memoranda shall be available at all reasonable |
20 | | times for
inspection by authorized representatives of the |
21 | | State commission or by
any local liquor control |
22 | | commissioner or his or her authorized representative.
The |
23 | | commission, may, from time to time, alter, amend or repeal, |
24 | | in whole
or in part, any uniform system of accounts, or the |
25 | | form and manner of
keeping accounts.
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26 | | (8) In the conduct of any hearing authorized to be held |
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1 | | by the
commission, to appoint, at the commission's |
2 | | discretion, hearing officers
to conduct hearings involving |
3 | | complex issues or issues that will require a
protracted |
4 | | period of time to resolve, to examine, or cause to be |
5 | | examined,
under oath, any licensee, and to examine or cause |
6 | | to be examined the books and
records
of such licensee; to |
7 | | hear testimony and take proof material for its
information |
8 | | in the discharge of its duties hereunder; to administer or
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9 | | cause to be administered oaths; for any such purpose to |
10 | | issue
subpoena or subpoenas to require the attendance of |
11 | | witnesses and the
production of books, which shall be |
12 | | effective in any part of this State, and
to adopt rules to |
13 | | implement its powers under this paragraph (8).
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14 | | Any Circuit Court may by order duly entered,
require |
15 | | the attendance of witnesses and the production of relevant |
16 | | books
subpoenaed by the State commission and the court may |
17 | | compel
obedience to its order by proceedings for contempt.
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18 | | (9) To investigate the administration of laws in |
19 | | relation to
alcoholic liquors in this and other states and |
20 | | any foreign countries,
and to recommend from time to time |
21 | | to the Governor and through him or
her to the legislature |
22 | | of this State, such amendments to this Act, if any, as
it |
23 | | may think desirable and as will serve to further the |
24 | | general broad
purposes contained in Section 1-2 hereof.
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25 | | (10) To adopt such rules and regulations consistent |
26 | | with the
provisions of this Act which shall be necessary |
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1 | | for the control, sale or
disposition of alcoholic liquor |
2 | | damaged as a result of an accident, wreck,
flood, fire or |
3 | | other similar occurrence.
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4 | | (11) To develop industry educational programs related |
5 | | to responsible
serving and selling, particularly in the |
6 | | areas of overserving consumers and
illegal underage |
7 | | purchasing and consumption of alcoholic beverages.
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8 | | (11.1) To license persons providing education and |
9 | | training to alcohol
beverage sellers and servers for |
10 | | mandatory and non-mandatory training under the
Beverage |
11 | | Alcohol Sellers and Servers
Education and Training |
12 | | (BASSET) programs and to develop and administer a public
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13 | | awareness program in Illinois to reduce or eliminate the |
14 | | illegal purchase and
consumption of alcoholic beverage |
15 | | products by persons under the age of 21.
Application for a |
16 | | license shall be made on forms provided by the State
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17 | | Commission.
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18 | | (12) To develop and maintain a repository of license |
19 | | and regulatory
information.
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20 | | (13) (Blank). On or before January 15, 1994, the |
21 | | Commission shall issue
a written report to the Governor and |
22 | | General Assembly that is to be based on a
comprehensive |
23 | | study of the impact on and implications for the State of |
24 | | Illinois
of Section 1926 of the Federal ADAMHA |
25 | | Reorganization Act of 1992 (Public Law
102-321). This study |
26 | | shall address the extent to which Illinois currently
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1 | | complies with the provisions of P.L. 102-321 and the rules |
2 | | promulgated pursuant
thereto.
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3 | | As part of its report, the Commission shall provide the |
4 | | following essential
information:
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5 | | (i) the number of retail distributors of tobacco |
6 | | products, by type and
geographic area, in the State;
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7 | | (ii) the number of reported citations and |
8 | | successful convictions,
categorized by type and |
9 | | location of retail distributor, for violation of the
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10 | | Prevention of Tobacco Use by Minors and Sale and |
11 | | Distribution of Tobacco Products Act and the Smokeless
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12 | | Tobacco Limitation Act;
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13 | | (iii) the extent and nature of organized |
14 | | educational and governmental
activities that are |
15 | | intended to promote, encourage or otherwise secure
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16 | | compliance with any Illinois laws that prohibit the |
17 | | sale or distribution of
tobacco products to minors; and
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18 | | (iv) the level of access and availability of |
19 | | tobacco products to
individuals under the age of 18.
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20 | | To obtain the data necessary to comply with the |
21 | | provisions of P.L. 102-321
and the requirements of this |
22 | | report, the Commission shall conduct random,
unannounced |
23 | | inspections of a geographically and scientifically |
24 | | representative
sample of the State's retail tobacco |
25 | | distributors.
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26 | | The Commission shall consult with the Department of |
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1 | | Public Health, the
Department of Human Services, the
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2 | | Illinois State Police and any
other executive branch |
3 | | agency, and private organizations that may have
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4 | | information relevant to this report.
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5 | | The Commission may contract with the Food and Drug |
6 | | Administration of the
U.S. Department of Health and Human |
7 | | Services to conduct unannounced
investigations of Illinois |
8 | | tobacco vendors to determine compliance with federal
laws |
9 | | relating to the illegal sale of cigarettes and smokeless |
10 | | tobacco products
to persons under the age of 18.
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11 | | (14) On or before April 30, 2008 and every 2 years
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12 | | thereafter, the Commission shall present a written
report |
13 | | to the Governor and the General Assembly that shall
be |
14 | | based on a study of the impact of this amendatory Act of
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15 | | the 95th General Assembly on the business of soliciting,
|
16 | | selling, and shipping wine from inside and outside of this
|
17 | | State directly to residents of this State. As part of its
|
18 | | report, the Commission shall provide all of the
following |
19 | | information: |
20 | | (A) The amount of State excise and sales tax
|
21 | | revenues generated. |
22 | | (B) The amount of licensing fees received. |
23 | | (C) The number of cases of wine shipped from inside
|
24 | | and outside of this State directly to residents of this
|
25 | | State. |
26 | | (D) The number of alcohol compliance operations
|
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1 | | conducted. |
2 | | (E) The number of winery shipper's licenses
|
3 | | issued. |
4 | | (F) The number of each of the following: reported
|
5 | | violations; cease and desist notices issued by the
|
6 | | Commission; notices of violations issued by
the |
7 | | Commission and to the Department of Revenue;
and |
8 | | notices and complaints of violations to law
|
9 | | enforcement officials, including, without limitation,
|
10 | | the Illinois Attorney General and the U.S. Department
|
11 | | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. |
12 | | (15) As a means to reduce the underage consumption of
|
13 | | alcoholic liquors, the Commission shall conduct
alcohol |
14 | | compliance operations to investigate whether
businesses |
15 | | that are soliciting, selling, and shipping wine
from inside |
16 | | or outside of this State directly to residents
of this |
17 | | State are licensed by this State or are selling or
|
18 | | attempting to sell wine to persons under 21 years of age in
|
19 | | violation of this Act. |
20 | | (16) The Commission shall, in addition to
notifying any |
21 | | appropriate law enforcement agency, submit
notices of |
22 | | complaints or violations of Sections 6-29 and
6-29.1 by |
23 | | persons who do not hold a winery shipper's
license under |
24 | | this amendatory Act to the Illinois Attorney General and
to |
25 | | the U.S. Department of Treasury's Alcohol and Tobacco Tax |
26 | | and Trade Bureau. |
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1 | | (17) (A) A person licensed to make wine under the laws |
2 | | of another state who has a winery shipper's license under |
3 | | this amendatory Act and annually produces less than 25,000 |
4 | | gallons of wine or a person who has a first-class or |
5 | | second-class wine manufacturer's license, a first-class or |
6 | | second-class wine-maker's license, or a limited wine |
7 | | manufacturer's license under this Act and annually |
8 | | produces less than 25,000 gallons of wine may make |
9 | | application to the Commission for a self-distribution |
10 | | exemption to allow the sale of not more than 5,000 gallons |
11 | | of the exemption holder's wine to retail licensees per |
12 | | year. |
13 | | (B) In the application, which shall be sworn under |
14 | | penalty of perjury, such person shall state (1) the |
15 | | date it was established; (2) its volume of production |
16 | | and sales for each year since its establishment; (3) |
17 | | its efforts to establish distributor relationships; |
18 | | (4) that a self-distribution exemption is necessary to |
19 | | facilitate the marketing of its wine; and (5) that it |
20 | | will comply with the liquor and revenue laws of the |
21 | | United States, this State, and any other state where it |
22 | | is licensed. |
23 | | (C) The Commission shall approve the application |
24 | | for a self-distribution exemption if such person: (1) |
25 | | is in compliance with State revenue and liquor laws; |
26 | | (2) is not a member of any affiliated group that |
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1 | | produces more than 25,000 gallons of wine per annum or |
2 | | produces any other alcoholic liquor; (3) will not |
3 | | annually produce for sale more than 25,000 gallons of |
4 | | wine; and (4) will not annually sell more than 5,000 |
5 | | gallons of its wine to retail licensees. |
6 | | (D) A self-distribution exemption holder shall |
7 | | annually certify to the Commission its production of |
8 | | wine in the previous 12 months and its anticipated |
9 | | production and sales for the next 12 months. The |
10 | | Commission may fine, suspend, or revoke a |
11 | | self-distribution exemption after a hearing if it |
12 | | finds that the exemption holder has made a material |
13 | | misrepresentation in its application, violated a |
14 | | revenue or liquor law of Illinois, exceeded production |
15 | | of 25,000 gallons of wine in any calendar year, or |
16 | | become part of an affiliated group producing more than |
17 | | 25,000 gallons of wine or any other alcoholic liquor. |
18 | | (E) Except in hearings for violations of this Act |
19 | | or amendatory Act or a bona fide investigation by duly |
20 | | sworn law enforcement officials, the Commission, or |
21 | | its agents, the Commission shall maintain the |
22 | | production and sales information of a |
23 | | self-distribution exemption holder as confidential and |
24 | | shall not release such information to any person. |
25 | | (F) The Commission shall issue regulations |
26 | | governing self-distribution exemptions consistent with |
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1 | | this Section and this Act. |
2 | | (G) Nothing in this subsection (17) shall prohibit |
3 | | a self-distribution exemption holder from entering |
4 | | into or simultaneously having a distribution agreement |
5 | | with a licensed Illinois distributor. |
6 | | (H) It is the intent of this subsection (17) to |
7 | | promote and continue orderly markets. The General |
8 | | Assembly finds that in order to preserve Illinois' |
9 | | regulatory distribution system it is necessary to |
10 | | create an exception for smaller makers of wine as their |
11 | | wines are frequently adjusted in varietals, mixes, |
12 | | vintages, and taste to find and create market niches |
13 | | sometimes too small for distributor or importing |
14 | | distributor business strategies. Limited |
15 | | self-distribution rights will afford and allow smaller |
16 | | makers of wine access to the marketplace in order to |
17 | | develop a customer base without impairing the |
18 | | integrity of the 3-tier system.
|
19 | | (18) (A) A class 1 brewer licensee, who must also be |
20 | | either a licensed brewer or licensed non-resident dealer |
21 | | and annually manufacture less than 930,000 gallons of beer, |
22 | | may make application to the State Commission for a |
23 | | self-distribution exemption to allow the sale of not more |
24 | | than 232,500 gallons of the exemption holder's beer to |
25 | | retail licensees per year. |
26 | | (B) In the application, which shall be sworn under |
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1 | | penalty of perjury, the class 1 brewer licensee shall |
2 | | state (1) the date it was established; (2) its volume |
3 | | of beer manufactured and sold for each year since its |
4 | | establishment; (3) its efforts to establish |
5 | | distributor relationships; (4) that a |
6 | | self-distribution exemption is necessary to facilitate |
7 | | the marketing of its beer; and (5) that it will comply |
8 | | with the alcoholic beverage and revenue laws of the |
9 | | United States, this State, and any other state where it |
10 | | is licensed. |
11 | | (C) Any application submitted shall be posted on |
12 | | the State Commission's website at least 45 days prior |
13 | | to action by the State Commission. The State Commission |
14 | | shall approve the application for a self-distribution |
15 | | exemption if the class 1 brewer licensee: (1) is in |
16 | | compliance with the State, revenue, and alcoholic |
17 | | beverage laws; (2) is not a member of any affiliated |
18 | | group that manufacturers more than 930,000 gallons of |
19 | | beer per annum or produces any other alcoholic |
20 | | beverages; (3) shall not annually manufacture for sale |
21 | | more than 930,000 gallons of beer; (4) shall not |
22 | | annually sell more than 232,500 gallons of its beer to |
23 | | retail licensees; and (5) has relinquished any brew pub |
24 | | license held by the licensee, including any ownership |
25 | | interest it held in the licensed brew pub. |
26 | | (D) A self-distribution exemption holder shall |
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1 | | annually certify to the State Commission its |
2 | | manufacture of beer during the previous 12 months and |
3 | | its anticipated manufacture and sales of beer for the |
4 | | next 12 months. The State Commission may fine, suspend, |
5 | | or revoke a self-distribution exemption after a |
6 | | hearing if it finds that the exemption holder has made |
7 | | a material misrepresentation in its application, |
8 | | violated a revenue or alcoholic beverage law of |
9 | | Illinois, exceeded the manufacture of 930,000 gallons |
10 | | of beer in any calendar year or became part of an |
11 | | affiliated group manufacturing more than 930,000 |
12 | | gallons of beer or any other alcoholic beverage. |
13 | | (E) The State Commission shall issue rules and |
14 | | regulations governing self-distribution exemptions |
15 | | consistent with this Act. |
16 | | (F) Nothing in this paragraph (18) shall prohibit a |
17 | | self-distribution exemption holder from entering into |
18 | | or simultaneously having a distribution agreement with |
19 | | a licensed Illinois importing distributor or a |
20 | | distributor. If a self-distribution exemption holder |
21 | | enters into a distribution agreement and has assigned |
22 | | distribution rights to an importing distributor or |
23 | | distributor, then the self-distribution exemption |
24 | | holder's distribution rights in the assigned |
25 | | territories shall cease in a reasonable time not to |
26 | | exceed 60 days. |
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1 | | (G) It is the intent of this paragraph (18) to |
2 | | promote and continue orderly markets. The General |
3 | | Assembly finds that in order to preserve Illinois' |
4 | | regulatory distribution system, it is necessary to |
5 | | create an exception for smaller manufacturers in order |
6 | | to afford and allow such smaller manufacturers of beer |
7 | | access to the marketplace in order to develop a |
8 | | customer base without impairing the integrity of the |
9 | | 3-tier system. |
10 | | (b) On or before April 30, 1999, the Commission shall |
11 | | present a written
report to the Governor and the General |
12 | | Assembly that shall be based on a study
of the impact of this |
13 | | amendatory Act of 1998 on the business of soliciting,
selling, |
14 | | and shipping
alcoholic liquor from outside of this State |
15 | | directly to residents of this
State.
|
16 | | As part of its report, the Commission shall provide the |
17 | | following
information:
|
18 | | (i) the amount of State excise and sales tax revenues |
19 | | generated as a
result of this amendatory Act of 1998;
|
20 | | (ii) the amount of licensing fees received as a result |
21 | | of this amendatory
Act of 1998;
|
22 | | (iii) the number of reported violations, the number of |
23 | | cease and desist
notices issued by the Commission, the |
24 | | number of notices of violations issued
to the Department of |
25 | | Revenue, and the number of notices and complaints of
|
26 | | violations to law enforcement officials.
|
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1 | | (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; |
2 | | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. |
3 | | 8-24-15.) |
4 | | (235 ILCS 5/6-16.1)
|
5 | | Sec. 6-16.1. Enforcement actions.
|
6 | | (a) A licensee or an officer, associate,
member, |
7 | | representative, agent, or employee of a licensee may sell, |
8 | | give, or
deliver alcoholic liquor to a person under the age of |
9 | | 21 years or authorize the
sale, gift, or delivery of alcoholic |
10 | | liquor to a person under the age of 21
years pursuant to a plan |
11 | | or action to investigate, patrol, or otherwise conduct
a "sting |
12 | | operation" or enforcement action against a person employed by |
13 | | the
licensee or on any licensed premises if the licensee or |
14 | | officer, associate,
member, representative, agent, or employee |
15 | | of the licensee provides written
notice, at least 14 days |
16 | | before the "sting operation" or enforcement action,
unless |
17 | | governing body of the municipality or county having |
18 | | jurisdiction sets a
shorter period by ordinance, to the law |
19 | | enforcement agency having jurisdiction,
the local liquor |
20 | | control commissioner, or both. Notice provided under this
|
21 | | Section shall be valid for a "sting operation" or enforcement |
22 | | action conducted
within 60 days of the provision of that |
23 | | notice, unless the governing body of
the municipality or county |
24 | | having jurisdiction sets a shorter period by
ordinance.
|
25 | | (b) A local liquor control commission or unit of local |
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1 | | government that
conducts alcohol and tobacco compliance |
2 | | operations shall establish a policy and
standards for alcohol |
3 | | and tobacco compliance operations to investigate whether
a |
4 | | licensee is furnishing (1) alcoholic liquor to persons under 21 |
5 | | years of age
in violation of this Act or (2) tobacco to persons |
6 | | in violation of the Prevention of Tobacco Use by Persons under |
7 | | 21 Years of Age Minors and Sale and Distribution of Tobacco |
8 | | Products Act.
|
9 | | (c) The Illinois Law Enforcement Training Standards Board |
10 | | shall
develop a model policy and guidelines for the operation |
11 | | of alcohol and tobacco
compliance checks by local law |
12 | | enforcement officers. The Illinois Law
Enforcement Training |
13 | | Standards Board shall also require the supervising
officers of |
14 | | such compliance checks to have met a minimum training standard |
15 | | as
determined by the Board. The Board shall have the right to |
16 | | waive any training
based on current written policies and |
17 | | procedures for alcohol and tobacco
compliance check operations |
18 | | and in-service training already administered by
the local law |
19 | | enforcement agency, department, or office.
|
20 | | (d) The provisions of subsections (b) and (c) do not apply |
21 | | to a home rule
unit with more than 2,000,000 inhabitants.
|
22 | | (e) A home rule unit, other than a home rule unit with more |
23 | | than 2,000,000
inhabitants, may not regulate enforcement |
24 | | actions in a manner inconsistent with
the regulation of |
25 | | enforcement actions under this Section. This subsection (e)
is |
26 | | a limitation under subsection (i) of Section 6 of Article VII |
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1 | | of the
Illinois Constitution on the concurrent exercise by home |
2 | | rule units
of powers and functions
exercised by the State.
|
3 | | (f) A licensee who is the subject of an enforcement action |
4 | | or "sting
operation" under this Section and is found, pursuant |
5 | | to the enforcement action,
to be in compliance with this Act |
6 | | shall be notified by the enforcement agency action that no |
7 | | violation was found within 30 days after the finding.
|
8 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; |
9 | | 96-1000, eff. 7-2-10.)
|
10 | | Section 20. The Juvenile Court Act of 1987 is amended by |
11 | | changing Sections 5-615 and 5-710 as follows:
|
12 | | (705 ILCS 405/5-615)
|
13 | | Sec. 5-615. Continuance under supervision.
|
14 | | (1) The court may enter an order of continuance under |
15 | | supervision for an
offense other than first degree murder, a |
16 | | Class X felony or a forcible felony: |
17 | | (a) upon an admission or stipulation by the appropriate |
18 | | respondent or minor
respondent of the facts supporting the
|
19 | | petition and before the court makes a finding of |
20 | | delinquency, and in the absence of objection made in open |
21 | | court by the
minor, his or her parent, guardian, or legal |
22 | | custodian, the minor's attorney or
the
State's Attorney; or
|
23 | | (b) upon a finding of delinquency and after considering |
24 | | the circumstances of the offense and the history, |
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1 | | character, and condition of the minor, if the court is of |
2 | | the opinion that: |
3 | | (i) the minor is not likely to commit further |
4 | | crimes; |
5 | | (ii) the minor and the public would be best served |
6 | | if the minor were not to receive a criminal record; and |
7 | | (iii) in the best interests of justice an order of |
8 | | continuance under supervision is more appropriate than |
9 | | a sentence otherwise permitted under this Act. |
10 | | (2) (Blank).
|
11 | | (3) Nothing in this Section limits the power of the court |
12 | | to order a
continuance of the hearing for the production of |
13 | | additional evidence or for any
other proper reason.
|
14 | | (4) When a hearing where a minor is alleged to be a |
15 | | delinquent is
continued
pursuant to this Section, the period of |
16 | | continuance under supervision may not
exceed 24 months. The |
17 | | court may terminate a continuance under supervision at
any time |
18 | | if warranted by the conduct of the minor and the ends of |
19 | | justice or vacate the finding of delinquency or both.
|
20 | | (5) When a hearing where a minor is alleged to be |
21 | | delinquent is continued
pursuant to this Section, the court |
22 | | may, as conditions of the continuance under
supervision, |
23 | | require the minor to do any of the following:
|
24 | | (a) not violate any criminal statute of any |
25 | | jurisdiction;
|
26 | | (b) make a report to and appear in person before any |
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1 | | person or agency as
directed by the court;
|
2 | | (c) work or pursue a course of study or vocational |
3 | | training;
|
4 | | (d) undergo medical or psychotherapeutic treatment |
5 | | rendered by a therapist
licensed under the provisions of |
6 | | the Medical Practice Act of 1987, the
Clinical Psychologist |
7 | | Licensing Act, or the Clinical Social Work and Social
Work |
8 | | Practice Act, or an entity licensed by the Department of |
9 | | Human Services as
a successor to the Department of |
10 | | Alcoholism and Substance Abuse, for the
provision of drug |
11 | | addiction and alcoholism treatment;
|
12 | | (e) attend or reside in a facility established for the |
13 | | instruction or
residence of persons on probation;
|
14 | | (f) support his or her dependents, if any;
|
15 | | (g) pay costs;
|
16 | | (h) refrain from possessing a firearm or other |
17 | | dangerous weapon, or an
automobile;
|
18 | | (i) permit the probation officer to visit him or her at |
19 | | his or her home or
elsewhere;
|
20 | | (j) reside with his or her parents or in a foster home;
|
21 | | (k) attend school;
|
22 | | (k-5) with the consent of the superintendent
of the
|
23 | | facility, attend an educational program at a facility other |
24 | | than the school
in which the
offense was committed if he
or |
25 | | she committed a crime of violence as
defined in
Section 2 |
26 | | of the Crime Victims Compensation Act in a school, on the
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1 | | real
property
comprising a school, or within 1,000 feet of |
2 | | the real property comprising a
school;
|
3 | | (l) attend a non-residential program for youth;
|
4 | | (m) contribute to his or her own support at home or in |
5 | | a foster home;
|
6 | | (n) perform some reasonable public or community |
7 | | service;
|
8 | | (o) make restitution to the victim, in the same manner |
9 | | and under the same
conditions as provided in subsection (4) |
10 | | of Section 5-710, except that the
"sentencing hearing" |
11 | | referred
to in that Section shall be the adjudicatory |
12 | | hearing for purposes of this
Section;
|
13 | | (p) comply with curfew requirements as designated by |
14 | | the court;
|
15 | | (q) refrain from entering into a designated geographic |
16 | | area except upon
terms as the court finds appropriate. The |
17 | | terms may include consideration of
the purpose of the |
18 | | entry, the time of day, other persons accompanying the
|
19 | | minor, and advance approval by a probation officer;
|
20 | | (r) refrain from having any contact, directly or |
21 | | indirectly, with certain
specified persons or particular |
22 | | types of persons, including but not limited to
members of |
23 | | street gangs and drug users or dealers;
|
24 | | (r-5) undergo a medical or other procedure to have a |
25 | | tattoo symbolizing
allegiance to a street gang removed from |
26 | | his or her body;
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1 | | (s) refrain from having in his or her body the presence |
2 | | of any illicit
drug
prohibited by the Cannabis Control Act, |
3 | | the Illinois Controlled Substances
Act, or the |
4 | | Methamphetamine Control and Community Protection Act, |
5 | | unless prescribed by a physician, and submit samples of his |
6 | | or her blood
or urine or both for tests to determine the |
7 | | presence of any illicit drug; or
|
8 | | (t) comply with any other conditions as may be ordered |
9 | | by the court.
|
10 | | (6) A minor whose case is continued under supervision under |
11 | | subsection (5)
shall be given a certificate setting forth the |
12 | | conditions imposed by the court.
Those conditions may be |
13 | | reduced, enlarged, or modified by the court on motion
of the |
14 | | probation officer or on its own motion, or that of the State's |
15 | | Attorney,
or, at the request of the minor after notice and |
16 | | hearing.
|
17 | | (7) If a petition is filed charging a violation of a |
18 | | condition of the
continuance under supervision, the court shall |
19 | | conduct a hearing. If the court
finds that a condition of |
20 | | supervision has not been fulfilled, the court may
proceed to |
21 | | findings, adjudication, and disposition or adjudication and |
22 | | disposition. The filing of a petition
for violation of a |
23 | | condition of the continuance under supervision shall toll
the |
24 | | period of continuance under supervision until the final |
25 | | determination of
the charge, and the term of the continuance |
26 | | under supervision shall not run
until the hearing and |
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1 | | disposition of the petition for violation; provided
where the |
2 | | petition alleges conduct that does not constitute a criminal |
3 | | offense,
the hearing must be held within 30 days of the filing |
4 | | of the petition unless a
delay shall continue the tolling of |
5 | | the period of continuance under supervision
for the period of
|
6 | | the delay.
|
7 | | (8) When a hearing in which a minor is alleged to be a |
8 | | delinquent for
reasons that include a violation of Section |
9 | | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of |
10 | | 2012
is continued under this Section, the court shall, as a |
11 | | condition of the
continuance under supervision, require the |
12 | | minor to perform community service
for not less than 30 and not |
13 | | more than 120 hours, if community service is
available in the |
14 | | jurisdiction. The community service shall include, but need
not |
15 | | be limited to, the cleanup and repair of the damage that was |
16 | | caused by the
alleged violation or similar damage to property |
17 | | located in the municipality or
county in which the alleged |
18 | | violation occurred. The condition may be in
addition to any |
19 | | other condition.
|
20 | | (8.5) When a hearing in which a minor is alleged to be a |
21 | | delinquent for
reasons
that include a violation of Section 3.02 |
22 | | or Section 3.03 of the Humane Care for
Animals Act or paragraph |
23 | | (d) of subsection (1)
of Section
21-1 of the Criminal Code of |
24 | | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the |
25 | | Criminal Code of 2012 is continued under this Section, the |
26 | | court
shall, as a
condition of the continuance under |
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1 | | supervision, require the minor to undergo
medical or
|
2 | | psychiatric treatment rendered by a psychiatrist or |
3 | | psychological treatment
rendered by a
clinical psychologist. |
4 | | The condition may be in addition to any other
condition.
|
5 | | (9) When a hearing in which a minor is alleged to be a |
6 | | delinquent is
continued under this Section, the court, before |
7 | | continuing the case, shall make
a finding whether the offense |
8 | | alleged to have been committed either: (i) was
related to or in |
9 | | furtherance of the activities of an organized gang or was
|
10 | | motivated by the minor's membership in or allegiance to an |
11 | | organized gang, or
(ii) is a violation of paragraph (13) of |
12 | | subsection (a) of Section 12-2 or paragraph (2) of subsection |
13 | | (c) of Section 12-2 of the
Criminal Code of 1961 or the |
14 | | Criminal Code of 2012, a violation of any Section of Article 24 |
15 | | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a |
16 | | violation of any statute that involved the unlawful
use of a |
17 | | firearm. If the court determines the question in the |
18 | | affirmative the
court shall, as a condition of the continuance |
19 | | under supervision and as part of
or in addition to any other |
20 | | condition of the supervision,
require the minor to perform |
21 | | community service for not less than 30 hours,
provided that |
22 | | community service is available in the
jurisdiction and is |
23 | | funded and approved by the county board of the county where
the |
24 | | offense was committed. The community service shall include, but |
25 | | need not
be limited to, the cleanup and repair of any damage |
26 | | caused by an alleged
violation of Section 21-1.3 of the |
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1 | | Criminal Code of 1961 or the Criminal Code of 2012 and similar |
2 | | damage to
property located in the municipality or county in |
3 | | which the alleged violation
occurred. When possible and |
4 | | reasonable, the community service shall be
performed in the |
5 | | minor's neighborhood. For the purposes of this Section,
|
6 | | "organized gang" has the meaning ascribed to it in Section 10 |
7 | | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
|
8 | | (10) The court shall impose upon a minor placed on |
9 | | supervision, as a
condition of the supervision, a fee of $50 |
10 | | for each month of supervision
ordered by the court, unless |
11 | | after determining the inability of the minor
placed on |
12 | | supervision to pay the fee, the court assesses a lesser amount. |
13 | | The
court may not impose the fee on a minor who is made a ward |
14 | | of the State under
this Act while the minor is in placement. |
15 | | The fee shall be imposed only upon a
minor who is actively |
16 | | supervised by the probation and court services
department. A |
17 | | court may order the parent, guardian, or legal custodian of the
|
18 | | minor to pay some or all of the fee on the minor's behalf.
|
19 | | (11) (Blank). If a minor is placed on supervision for a |
20 | | violation of
subsection (a-7) of Section 1 of the Prevention of |
21 | | Tobacco Use by Minors Act, the
court may, in its discretion, |
22 | | and upon
recommendation by the State's Attorney, order that |
23 | | minor and his or her parents
or legal
guardian to attend a |
24 | | smoker's education or youth diversion program as defined
in |
25 | | that Act if that
program is available in the jurisdiction where |
26 | | the offender resides.
Attendance at a smoker's education or |
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1 | | youth diversion program
shall be time-credited against any |
2 | | community service time imposed for any
first violation of |
3 | | subsection (a-7) of Section 1 of that Act. In addition to any
|
4 | | other
penalty
that the court may impose for a violation of |
5 | | subsection (a-7) of Section 1 of
that Act, the
court, upon |
6 | | request by the State's Attorney, may in its discretion
require
|
7 | | the offender to remit a fee for his or her attendance at a |
8 | | smoker's
education or
youth diversion program.
|
9 | | For purposes of this Section, "smoker's education program" |
10 | | or "youth
diversion program" includes, but is not limited to, a |
11 | | seminar designed to
educate a person on the physical and |
12 | | psychological effects of smoking tobacco
products and the |
13 | | health consequences of smoking tobacco products that can be
|
14 | | conducted with a locality's youth diversion program.
|
15 | | In addition to any other penalty that the court may impose |
16 | | under this
subsection
(11):
|
17 | | (a) If a minor violates subsection (a-7) of Section 1 |
18 | | of the Prevention of
Tobacco Use by Minors Act, the court |
19 | | may
impose a sentence of 15 hours of
community service or a |
20 | | fine of $25 for a first violation.
|
21 | | (b) A second violation by a minor of subsection (a-7) |
22 | | of Section 1 of that Act
that occurs
within 12 months after |
23 | | the first violation is punishable by a fine of $50 and
25
|
24 | | hours of community service.
|
25 | | (c) A third or subsequent violation by a minor of |
26 | | subsection (a-7) of Section
1 of that Act
that
occurs |
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1 | | within 12 months after the first violation is punishable by |
2 | | a $100
fine
and 30 hours of community service.
|
3 | | (d) Any second or subsequent violation not within the |
4 | | 12-month time period
after the first violation is |
5 | | punishable as provided for a first violation.
|
6 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
|
7 | | (705 ILCS 405/5-710)
|
8 | | Sec. 5-710. Kinds of sentencing orders.
|
9 | | (1) The following kinds of sentencing orders may be made in |
10 | | respect of
wards of the court:
|
11 | | (a) Except as provided in Sections 5-805, 5-810, 5-815, |
12 | | a minor who is
found
guilty under Section 5-620 may be:
|
13 | | (i) put on probation or conditional discharge and |
14 | | released to his or her
parents, guardian or legal |
15 | | custodian, provided, however, that any such minor
who |
16 | | is not committed to the Department of Juvenile Justice |
17 | | under
this subsection and who is found to be a |
18 | | delinquent for an offense which is
first degree murder, |
19 | | a Class X felony, or a forcible felony shall be placed |
20 | | on
probation;
|
21 | | (ii) placed in accordance with Section 5-740, with |
22 | | or without also being
put on probation or conditional |
23 | | discharge;
|
24 | | (iii) required to undergo a substance abuse |
25 | | assessment conducted by a
licensed provider and |
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1 | | participate in the indicated clinical level of care;
|
2 | | (iv) on and after the effective date of this |
3 | | amendatory Act of the 98th General Assembly and before |
4 | | January 1, 2017, placed in the guardianship of the |
5 | | Department of Children and Family
Services, but only if |
6 | | the delinquent minor is under 16 years of age or, |
7 | | pursuant to Article II of this Act, a minor for whom an |
8 | | independent basis of abuse, neglect, or dependency |
9 | | exists. On and after January 1, 2017, placed in the |
10 | | guardianship of the Department of Children and Family
|
11 | | Services, but only if the delinquent minor is under 15 |
12 | | years of age or, pursuant to Article II of this Act, a |
13 | | minor for whom an independent basis of abuse, neglect, |
14 | | or dependency exists. An independent basis exists when |
15 | | the allegations or adjudication of abuse, neglect, or |
16 | | dependency do not arise from the same facts, incident, |
17 | | or circumstances which give rise to a charge or |
18 | | adjudication of delinquency;
|
19 | | (v) placed in detention for a period not to exceed |
20 | | 30 days, either as
the
exclusive order of disposition |
21 | | or, where appropriate, in conjunction with any
other |
22 | | order of disposition issued under this paragraph, |
23 | | provided that any such
detention shall be in a juvenile |
24 | | detention home and the minor so detained shall
be 10 |
25 | | years of age or older. However, the 30-day limitation |
26 | | may be extended by
further order of the court for a |
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1 | | minor under age 15 committed to the Department
of |
2 | | Children and Family Services if the court finds that |
3 | | the minor is a danger
to himself or others. The minor |
4 | | shall be given credit on the sentencing order
of |
5 | | detention for time spent in detention under Sections |
6 | | 5-501, 5-601, 5-710, or
5-720 of this
Article as a |
7 | | result of the offense for which the sentencing order |
8 | | was imposed.
The court may grant credit on a sentencing |
9 | | order of detention entered under a
violation of |
10 | | probation or violation of conditional discharge under |
11 | | Section
5-720 of this Article for time spent in |
12 | | detention before the filing of the
petition
alleging |
13 | | the violation. A minor shall not be deprived of credit |
14 | | for time spent
in detention before the filing of a |
15 | | violation of probation or conditional
discharge |
16 | | alleging the same or related act or acts. The |
17 | | limitation that the minor shall only be placed in a |
18 | | juvenile detention home does not apply as follows: |
19 | | Persons 18 years of age and older who have a |
20 | | petition of delinquency filed against them may be |
21 | | confined in an adult detention facility. In making a |
22 | | determination whether to confine a person 18 years of |
23 | | age or older who has a petition of delinquency filed |
24 | | against the person, these factors, among other |
25 | | matters, shall be considered: |
26 | | (A) the age of the person; |
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1 | | (B) any previous delinquent or criminal |
2 | | history of the person; |
3 | | (C) any previous abuse or neglect history of |
4 | | the person; |
5 | | (D) any mental health history of the person; |
6 | | and |
7 | | (E) any educational history of the person;
|
8 | | (vi) ordered partially or completely emancipated |
9 | | in accordance with the
provisions of the Emancipation |
10 | | of Minors Act;
|
11 | | (vii) subject to having his or her driver's license |
12 | | or driving
privileges
suspended for such time as |
13 | | determined by the court but only until he or she
|
14 | | attains 18 years of age;
|
15 | | (viii) put on probation or conditional discharge |
16 | | and placed in detention
under Section 3-6039 of the |
17 | | Counties Code for a period not to exceed the period
of |
18 | | incarceration permitted by law for adults found guilty |
19 | | of the same offense
or offenses for which the minor was |
20 | | adjudicated delinquent, and in any event no
longer than |
21 | | upon attainment of age 21; this subdivision (viii) |
22 | | notwithstanding
any contrary provision of the law;
|
23 | | (ix) ordered to undergo a medical or other |
24 | | procedure to have a tattoo
symbolizing allegiance to a |
25 | | street gang removed from his or her body; or |
26 | | (x) placed in electronic home detention under Part |
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1 | | 7A of this Article.
|
2 | | (b) A minor found to be guilty may be committed to the |
3 | | Department of
Juvenile Justice under Section 5-750 if the |
4 | | minor is at least 13 years and under 20 years of age,
|
5 | | provided that the commitment to the Department of Juvenile |
6 | | Justice shall be made only if a term of imprisonment in the |
7 | | penitentiary system of the Department of Corrections is |
8 | | permitted by law for
adults found guilty of the offense for |
9 | | which the minor was adjudicated
delinquent. The court shall |
10 | | include in the sentencing order any pre-custody credits the |
11 | | minor is entitled to under Section 5-4.5-100 of the Unified |
12 | | Code of Corrections. The time during which a minor is in |
13 | | custody before being released
upon the request of a parent, |
14 | | guardian or legal custodian shall also be considered
as |
15 | | time spent in custody.
|
16 | | (c) When a minor is found to be guilty for an offense |
17 | | which is a violation
of the Illinois Controlled Substances |
18 | | Act, the Cannabis Control Act, or the Methamphetamine |
19 | | Control and Community Protection Act and made
a ward of the |
20 | | court, the court may enter a disposition order requiring |
21 | | the
minor to undergo assessment,
counseling or treatment in |
22 | | a substance abuse program approved by the Department
of |
23 | | Human Services.
|
24 | | (2) Any sentencing order other than commitment to the |
25 | | Department of
Juvenile Justice may provide for protective |
26 | | supervision under
Section 5-725 and may include an order of |
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1 | | protection under Section 5-730.
|
2 | | (3) Unless the sentencing order expressly so provides, it |
3 | | does not operate
to close proceedings on the pending petition, |
4 | | but is subject to modification
until final closing and |
5 | | discharge of the proceedings under Section 5-750.
|
6 | | (4) In addition to any other sentence, the court may order |
7 | | any
minor
found to be delinquent to make restitution, in |
8 | | monetary or non-monetary form,
under the terms and conditions |
9 | | of Section 5-5-6 of the Unified Code of
Corrections, except |
10 | | that the "presentencing hearing" referred to in that
Section
|
11 | | shall be
the sentencing hearing for purposes of this Section. |
12 | | The parent, guardian or
legal custodian of the minor may be |
13 | | ordered by the court to pay some or all of
the restitution on |
14 | | the minor's behalf, pursuant to the Parental Responsibility
|
15 | | Law. The State's Attorney is authorized to act
on behalf of any |
16 | | victim in seeking restitution in proceedings under this
|
17 | | Section, up to the maximum amount allowed in Section 5 of the |
18 | | Parental
Responsibility Law.
|
19 | | (5) Any sentencing order where the minor is committed or |
20 | | placed in
accordance
with Section 5-740 shall provide for the |
21 | | parents or guardian of the estate of
the minor to pay to the |
22 | | legal custodian or guardian of the person of the minor
such |
23 | | sums as are determined by the custodian or guardian of the |
24 | | person of the
minor as necessary for the minor's needs. The |
25 | | payments may not exceed the
maximum amounts provided for by |
26 | | Section 9.1 of the Children and Family Services
Act.
|
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1 | | (6) Whenever the sentencing order requires the minor to |
2 | | attend school or
participate in a program of training, the |
3 | | truant officer or designated school
official shall regularly |
4 | | report to the court if the minor is a chronic or
habitual |
5 | | truant under Section 26-2a of the School Code. Notwithstanding |
6 | | any other provision of this Act, in instances in which |
7 | | educational services are to be provided to a minor in a |
8 | | residential facility where the minor has been placed by the |
9 | | court, costs incurred in the provision of those educational |
10 | | services must be allocated based on the requirements of the |
11 | | School Code.
|
12 | | (7) In no event shall a guilty minor be committed to the |
13 | | Department of
Juvenile Justice for a period of time in
excess |
14 | | of
that period for which an adult could be committed for the |
15 | | same act. The court shall include in the sentencing order a |
16 | | limitation on the period of confinement not to exceed the |
17 | | maximum period of imprisonment the court could impose under |
18 | | Article V of the Unified Code of Corrections.
|
19 | | (7.5) In no event shall a guilty minor be committed to the |
20 | | Department of Juvenile Justice or placed in detention when the |
21 | | act for which the minor was adjudicated delinquent would not be |
22 | | illegal if committed by an adult. |
23 | | (8) A minor found to be guilty for reasons that include a |
24 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the |
25 | | Criminal Code of 2012 shall be ordered to perform
community |
26 | | service for not less than 30 and not more than 120 hours, if
|
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1 | | community service is available in the jurisdiction. The |
2 | | community service
shall include, but need not be limited to, |
3 | | the cleanup and repair of the damage
that was caused by the |
4 | | violation or similar damage to property located in the
|
5 | | municipality or county in which the violation occurred. The |
6 | | order may be in
addition to any other order authorized by this |
7 | | Section.
|
8 | | (8.5) A minor found to be guilty for reasons that include a |
9 | | violation of
Section
3.02 or Section 3.03 of the Humane Care |
10 | | for Animals Act or paragraph (d) of
subsection (1) of
Section |
11 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of |
12 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 |
13 | | shall be ordered to undergo medical or psychiatric treatment |
14 | | rendered by
a
psychiatrist or psychological treatment rendered |
15 | | by a clinical psychologist.
The order
may be in addition to any |
16 | | other order authorized by this Section.
|
17 | | (9) In addition to any other sentencing order, the court |
18 | | shall order any
minor found
to be guilty for an act which would |
19 | | constitute, predatory criminal sexual
assault of a child, |
20 | | aggravated criminal sexual assault, criminal sexual
assault, |
21 | | aggravated criminal sexual abuse, or criminal sexual abuse if
|
22 | | committed by an
adult to undergo medical testing to determine |
23 | | whether the defendant has any
sexually transmissible disease |
24 | | including a test for infection with human
immunodeficiency |
25 | | virus (HIV) or any other identified causative agency of
|
26 | | acquired immunodeficiency syndrome (AIDS). Any medical test |
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1 | | shall be performed
only by appropriately licensed medical |
2 | | practitioners and may include an
analysis of any bodily fluids |
3 | | as well as an examination of the minor's person.
Except as |
4 | | otherwise provided by law, the results of the test shall be |
5 | | kept
strictly confidential by all medical personnel involved in |
6 | | the testing and must
be personally delivered in a sealed |
7 | | envelope to the judge of the court in which
the sentencing |
8 | | order was entered for the judge's inspection in camera. Acting
|
9 | | in accordance with the best interests of the victim and the |
10 | | public, the judge
shall have the discretion to determine to |
11 | | whom the results of the testing may
be revealed. The court |
12 | | shall notify the minor of the results of the test for
infection |
13 | | with the human immunodeficiency virus (HIV). The court shall |
14 | | also
notify the victim if requested by the victim, and if the |
15 | | victim is under the
age of 15 and if requested by the victim's |
16 | | parents or legal guardian, the court
shall notify the victim's |
17 | | parents or the legal guardian, of the results of the
test for |
18 | | infection with the human immunodeficiency virus (HIV). The |
19 | | court
shall provide information on the availability of HIV |
20 | | testing and counseling at
the Department of Public Health |
21 | | facilities to all parties to whom the
results of the testing |
22 | | are revealed. The court shall order that the cost of
any test |
23 | | shall be paid by the county and may be taxed as costs against |
24 | | the
minor.
|
25 | | (10) When a court finds a minor to be guilty the court |
26 | | shall, before
entering a sentencing order under this Section, |
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1 | | make a finding whether the
offense committed either: (a) was |
2 | | related to or in furtherance of the criminal
activities of an |
3 | | organized gang or was motivated by the minor's membership in
or |
4 | | allegiance to an organized gang, or (b) involved a violation of
|
5 | | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 |
6 | | or the Criminal Code of 2012, a violation of
any
Section of |
7 | | Article 24 of the Criminal Code of 1961 or the Criminal Code of |
8 | | 2012, or a violation of any
statute that involved the wrongful |
9 | | use of a firearm. If the court determines
the question in the |
10 | | affirmative,
and the court does not commit the minor to the |
11 | | Department of Juvenile Justice, the court shall order the minor |
12 | | to perform community service
for not less than 30 hours nor |
13 | | more than 120 hours, provided that community
service is |
14 | | available in the jurisdiction and is funded and approved by the
|
15 | | county board of the county where the offense was committed. The |
16 | | community
service shall include, but need not be limited to, |
17 | | the cleanup and repair of
any damage caused by a violation of |
18 | | Section 21-1.3 of the Criminal Code of 1961 or the Criminal |
19 | | Code of 2012
and similar damage to property located in the |
20 | | municipality or county in which
the violation occurred. When |
21 | | possible and reasonable, the community service
shall be |
22 | | performed in the minor's neighborhood. This order shall be in
|
23 | | addition to any other order authorized by this Section
except |
24 | | for an order to place the minor in the custody of the |
25 | | Department of
Juvenile Justice. For the purposes of this |
26 | | Section, "organized
gang" has the meaning ascribed to it in |
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1 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus |
2 | | Prevention Act.
|
3 | | (11) If the court determines that the offense was committed |
4 | | in furtherance of the criminal activities of an organized gang, |
5 | | as provided in subsection (10), and that the offense involved |
6 | | the operation or use of a motor vehicle or the use of a |
7 | | driver's license or permit, the court shall notify the |
8 | | Secretary of State of that determination and of the period for |
9 | | which the minor shall be denied driving privileges. If, at the |
10 | | time of the determination, the minor does not hold a driver's |
11 | | license or permit, the court shall provide that the minor shall |
12 | | not be issued a driver's license or permit until his or her |
13 | | 18th birthday. If the minor holds a driver's license or permit |
14 | | at the time of the determination, the court shall provide that |
15 | | the minor's driver's license or permit shall be revoked until |
16 | | his or her 21st birthday, or until a later date or occurrence |
17 | | determined by the court. If the minor holds a driver's license |
18 | | at the time of the determination, the court may direct the |
19 | | Secretary of State to issue the minor a judicial driving |
20 | | permit, also known as a JDP. The JDP shall be subject to the |
21 | | same terms as a JDP issued under Section 6-206.1 of the |
22 | | Illinois Vehicle Code, except that the court may direct that |
23 | | the JDP be effective immediately.
|
24 | | (12) (Blank). If a minor is found to be guilty of a |
25 | | violation of
subsection (a-7) of Section 1 of the Prevention of |
26 | | Tobacco Use by Minors Act, the
court may, in its discretion, |
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1 | | and upon
recommendation by the State's Attorney, order that |
2 | | minor and his or her parents
or legal
guardian to attend a |
3 | | smoker's education or youth diversion program as defined
in |
4 | | that Act if that
program is available in the jurisdiction where |
5 | | the offender resides.
Attendance at a smoker's education or |
6 | | youth diversion program
shall be time-credited against any |
7 | | community service time imposed for any
first violation of |
8 | | subsection (a-7) of Section 1 of that Act. In addition to any
|
9 | | other
penalty
that the court may impose for a violation of |
10 | | subsection (a-7) of Section 1 of
that Act, the
court, upon |
11 | | request by the State's Attorney, may in its discretion
require
|
12 | | the offender to remit a fee for his or her attendance at a |
13 | | smoker's
education or
youth diversion program.
|
14 | | For purposes of this Section, "smoker's education program" |
15 | | or "youth
diversion program" includes, but is not limited to, a |
16 | | seminar designed to
educate a person on the physical and |
17 | | psychological effects of smoking tobacco
products and the |
18 | | health consequences of smoking tobacco products that can be
|
19 | | conducted with a locality's youth diversion program.
|
20 | | In addition to any other penalty that the court may impose |
21 | | under this
subsection
(12):
|
22 | | (a) If a minor violates subsection (a-7) of Section 1 |
23 | | of the Prevention of
Tobacco Use by Minors Act, the court |
24 | | may
impose a sentence of 15 hours of
community service or a |
25 | | fine of $25 for a first violation.
|
26 | | (b) A second violation by a minor of subsection (a-7) |
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1 | | of Section 1 of that Act
that occurs
within 12 months after |
2 | | the first violation is punishable by a fine of $50 and
25
|
3 | | hours of community service.
|
4 | | (c) A third or subsequent violation by a minor of |
5 | | subsection (a-7) of Section
1 of that Act
that
occurs |
6 | | within 12 months after the first violation is punishable by |
7 | | a $100
fine
and 30 hours of community service.
|
8 | | (d) Any second or subsequent violation not within the |
9 | | 12-month time period
after the first violation is |
10 | | punishable as provided for a first violation.
|
11 | | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; |
12 | | 99-268, eff. 1-1-16 .) |
13 | | Section 25. The Prevention of Tobacco Use by
Minors and |
14 | | Sale and Distribution of Tobacco Products Act is amended by |
15 | | changing the title of the Act and Sections 0.01, 1, and 2 as |
16 | | follows:
|
17 | | (720 ILCS 675/Act title)
|
18 | | An Act to prohibit persons under 21 years of age minors |
19 | | from buying or ,
selling , or possessing
tobacco in any of its |
20 | | forms, to prohibit selling,
giving or
furnishing tobacco, in |
21 | | any of its forms, to persons under 21 years of age minors , and |
22 | | to prohibit the distribution of tobacco samples and providing |
23 | | penalties
therefor. |
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1 | | (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
|
2 | | Sec. 0.01. Short title. This Act may be cited as the
|
3 | | Prevention of Tobacco Use by Persons under 21 Years of Age
|
4 | | Minors and Sale and Distribution of Tobacco Products Act.
|
5 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; |
6 | | 96-1000, eff. 7-2-10.)
|
7 | | (720 ILCS 675/1) (from Ch. 23, par. 2357)
|
8 | | Sec. 1. Prohibition on sale to and possession of tobacco |
9 | | products and electronic cigarettes to underage persons by |
10 | | minors ; prohibition on the distribution of tobacco product |
11 | | samples and electronic cigarette samples to any person; use of |
12 | | identification cards; vending machines; lunch
wagons; |
13 | | out-of-package sales.
|
14 | | (a) No person minor under 21 18 years of age shall buy any |
15 | | tobacco product or electronic cigarette . No person shall sell, |
16 | | buy
for, distribute samples of or furnish any tobacco product |
17 | | or any electronic cigarette to any person minor under 21 18 |
18 | | years of age. |
19 | | (a-5) No person minor under 16 years of
age may sell any |
20 | | tobacco product or electronic cigarette at a retail
|
21 | | establishment selling tobacco products or electronic |
22 | | cigarettes, or both . This subsection does not apply
to a sales |
23 | | clerk in a family-owned business which can prove that the sales
|
24 | | clerk
is in fact a son or daughter of the owner.
|
25 | | (a-5.1) Before selling, offering for sale, giving, or |
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1 | | furnishing a tobacco product or electronic cigarette, to |
2 | | another person, the person selling, offering for sale, giving, |
3 | | or furnishing the tobacco product or electronic cigarette shall |
4 | | verify that the person is at least 21 years of age by: |
5 | | (1) examining from any person that appears to be under |
6 | | 30 years of age a government-issued photographic |
7 | | identification that establishes the person to be 21 years |
8 | | of age or older; or |
9 | | (2) for sales of electronic cigarettes made through the |
10 | | Internet or other remote sales methods, performing an age |
11 | | verification through an independent, third party age |
12 | | verification service that compares information available |
13 | | from public records to the personal information entered by |
14 | | the person during the ordering process that establishes the |
15 | | person is 21 years of age or older. |
16 | | (a-6) No person minor under 21 18 years of age in the |
17 | | furtherance or facilitation of obtaining any tobacco product |
18 | | shall display or use a false or forged identification card or |
19 | | transfer, alter, or deface an identification card.
|
20 | | (a-7) (Blank). No minor under 18 years of age shall |
21 | | possess any cigar, cigarette,
smokeless tobacco, or tobacco in |
22 | | any of its forms. |
23 | | (a-8) A person shall not distribute without charge samples |
24 | | of any tobacco product or electronic cigarette to any other |
25 | | person, regardless of age: |
26 | | (1) within a retail establishment selling tobacco |
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1 | | products, unless the retailer has verified the purchaser's |
2 | | age with a government issued identification; |
3 | | (2) from a lunch wagon; or |
4 | | (3) on a public way as a promotion or advertisement of |
5 | | a tobacco manufacturer , or tobacco product , or electronic |
6 | | cigarette . |
7 | | This subsection (a-8) does not apply to the distribution of |
8 | | a tobacco product sample in any adult-only facility. |
9 | | (a-9) For the purpose of this Section: |
10 | | "Adult-only facility means a facility or restricted |
11 | | area (whether open-air or enclosed) where the operator |
12 | | ensures or has a reasonable basis to believe (such as by |
13 | | checking identification as required under State law, or by |
14 | | checking the identification of any person appearing to be |
15 | | under the age of 30 27 ) that no person under legal age is |
16 | | present. A facility or restricted area need not be |
17 | | permanently restricted to persons under 21 years of legal |
18 | | age to constitute an adult-only facility, provided that the |
19 | | operator ensures or has a reasonable basis to believe that |
20 | | no person under 21 years of legal age is present during the |
21 | | event or time period in question. |
22 | | "Electronic cigarette" means: |
23 | | (1) any device that employs a battery or other |
24 | | mechanism to heat a solution or substance to produce a |
25 | | vapor or aerosol intended for inhalation; |
26 | | (2) any cartridge or container of a solution or |
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1 | | substance intended to be used with or in the device or to |
2 | | refill the device; or |
3 | | (3) any solution or substance, whether or not it |
4 | | contains nicotine intended for use in the device. |
5 | | "Electronic cigarette" includes, but is not limited to, any |
6 | | electronic nicotine delivery system, electronic cigar, |
7 | | electronic cigarillo, electronic pipe, electronic hookah, |
8 | | vape pen, or similar product or device, and any components |
9 | | or parts that can be used to build the product or device. |
10 | | "Electronic cigarette" excludes cigarettes as defined in |
11 | | Section 1 of the Cigarette Tax Act and tobacco products as |
12 | | defined in Section 10-5 of the Tobacco Products Tax Act of |
13 | | 1995. "Electronic cigarette" does not include any asthma |
14 | | inhaler or any product that has been approved by the United |
15 | | States Food and Drug Administration for tobacco cessation, |
16 | | nicotine cessation, or other therapeutic product approved |
17 | | for use under the Compassionate Use of Medical Cannabis |
18 | | Pilot Program Act. |
19 | | "Lunch wagon" means a mobile vehicle
designed and |
20 | | constructed to transport food and from which food is sold |
21 | | to the
general public. |
22 | | "Smokeless tobacco" means any tobacco
products that |
23 | | are suitable for dipping or chewing.
|
24 | | "Tobacco product" means any product containing or made |
25 | | from tobacco that is intended for human consumption, |
26 | | whether smoked, heated, chewed, absorbed, dissolved, |
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1 | | inhaled, snorted, sniffed, or ingested by any other means, |
2 | | including, but not limited to, cigarettes, cigars, little |
3 | | cigars, chewing tobacco, pipe tobacco, snuff, and snus. |
4 | | "Tobacco product" includes any component, part, or |
5 | | accessory of a tobacco product, whether or not sold |
6 | | separately. "Tobacco product" does not include any product |
7 | | that has been approved by the United States Food and Drug |
8 | | Administration for sale as a tobacco cessation product or |
9 | | for other therapeutic purposes in which the product is |
10 | | marketed and sold solely for the an approved purpose means |
11 | | any cigar, cigarette, smokeless tobacco, or tobacco in any |
12 | | of its
forms . |
13 | | (b) Tobacco products and electronic cigarettes listed in |
14 | | this Section may be sold through a vending machine
only if such |
15 | | tobacco products and electronic cigarettes are not placed |
16 | | together with any non-tobacco product, other than matches, in |
17 | | the vending machine and the vending machine is in
any of the |
18 | | following locations:
|
19 | | (1) (Blank).
|
20 | | (2) Places to which persons minors under 21 18 years of |
21 | | age are not permitted access at any time .
|
22 | | (3) Places where alcoholic beverages are sold and |
23 | | consumed on the
premises and vending machine operation is |
24 | | under the direct supervision of the owner or manager.
|
25 | | (4) (Blank).
|
26 | | (5) (Blank). Places where the vending machine can only |
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1 | | be operated by the owner or
an employee over age 18 either |
2 | | directly or through a remote control device if
the device |
3 | | is inaccessible to all customers.
|
4 | | (c) (Blank).
|
5 | | (d) The sale or distribution by any person of a tobacco |
6 | | product in this Section, including but not limited to a single |
7 | | or loose cigarette, that is not contained within a sealed |
8 | | container, pack, or package as provided by the manufacturer, |
9 | | which container, pack, or package bears the health warning |
10 | | required by federal law, is prohibited.
|
11 | | (e) It is not a violation of this Act for a person under 21 |
12 | | 18 years of age to purchase a tobacco product or possess a |
13 | | cigar, cigarette, smokeless tobacco or electronic cigarette |
14 | | tobacco in any of its forms if the person under the age of 21 18 |
15 | | purchases or is given the cigar, cigarette, smokeless tobacco |
16 | | or tobacco product or electronic cigarette in any of its forms |
17 | | from a retail seller of tobacco products or electronic |
18 | | cigarettes or an employee of the retail seller pursuant to a |
19 | | plan or action to investigate, patrol, or otherwise conduct a |
20 | | "sting operation" or enforcement action against a retail seller |
21 | | of tobacco products or electronic cigarettes or a person |
22 | | employed by the retail seller of tobacco products or electronic |
23 | | cigarettes or on any premises authorized to sell tobacco |
24 | | products or electronic cigarettes to determine if tobacco |
25 | | products or electronic cigarettes are being sold or given to |
26 | | persons under 21 18 years of age if the "sting operation" or |
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1 | | enforcement action is approved by, conducted by, or conducted |
2 | | on behalf of the Department of State Police, the county |
3 | | sheriff, a municipal police department, the Department of |
4 | | Revenue, the Department of Public Health, or a local health |
5 | | department. The results of any sting operation or enforcement |
6 | | action, including the name of the clerk, shall be provided to |
7 | | the retail seller within 7 business days. |
8 | | (Source: P.A. 98-1055, eff. 1-1-16 .)
|
9 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
|
10 | | (Text of Section after amendment by P.A. 99-496 )
|
11 | | Sec. 2. Penalties. |
12 | | (a) Any person who violates subsection (a) , or (a-5) , |
13 | | (a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or |
14 | | (c) of Section 1.5 of this Act is guilty of a petty offense. |
15 | | For the first offense in a 24-month period, the person shall be |
16 | | fined $200 if his or her employer has a training program that |
17 | | facilitates compliance with minimum-age tobacco laws. For the |
18 | | second offense in a 24-month period, the person shall be fined |
19 | | $400 if his or her employer has a training program that |
20 | | facilitates compliance with minimum-age tobacco laws. For the |
21 | | third offense in a 24-month period, the person shall be fined |
22 | | $600 if his or her employer has a training program that |
23 | | facilitates compliance with minimum-age tobacco laws. For the |
24 | | fourth or subsequent offense in a 24-month period, the person |
25 | | shall be fined $800 if his or her employer has a training |
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1 | | program that facilitates compliance with minimum-age tobacco |
2 | | laws. For the purposes of this subsection, the 24-month period |
3 | | shall begin with the person's first violation of the Act. The |
4 | | penalties in this subsection are in addition to any other |
5 | | penalties prescribed under the Cigarette Tax Act and the |
6 | | Tobacco Products Tax Act of 1995. |
7 | | (a-5) Any retailer who violates subsection (a) or (a-5) of |
8 | | Section 1 or subsection (b) or (c) of Section 1.5 of this Act |
9 | | is guilty of a petty offense. For the first offense, the |
10 | | retailer shall be fined $200 if it does not have a training |
11 | | program that facilitates compliance with minimum-age tobacco |
12 | | laws. For the second offense, the retailer shall be fined $400 |
13 | | if it does not have a training program that facilitates |
14 | | compliance with minimum-age tobacco laws. For the third |
15 | | offense, the retailer shall be fined $600 if it does not have a |
16 | | training program that facilitates compliance with minimum-age |
17 | | tobacco laws. For the fourth or subsequent offense in a |
18 | | 24-month period, the retailer shall be fined $800 if it does |
19 | | not have a training program that facilitates compliance with |
20 | | minimum-age tobacco laws. For the purposes of this subsection, |
21 | | the 24-month period shall begin with the person's first |
22 | | violation of the Act. The penalties in this subsection are in |
23 | | addition to any other penalties prescribed under the Cigarette |
24 | | Tax Act and the Tobacco Products Tax Act of 1995. |
25 | | (a-6) For the purpose of this Act, a training program that |
26 | | facilitates compliance with minimum-age tobacco laws must |
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1 | | include at least the following elements: (i) it must explain |
2 | | that only individuals displaying valid identification |
3 | | demonstrating that they are 21 18 years of age or older shall |
4 | | be eligible to purchase cigarettes , or tobacco products , or |
5 | | electronic cigarettes and (ii) it must explain where a clerk |
6 | | can check identification for a date of birth. The training may |
7 | | be conducted electronically. Each retailer that has a training |
8 | | program shall require each employee who completes the training |
9 | | program to sign a form attesting that the employee has received |
10 | | and completed tobacco training. The form shall be kept in the |
11 | | employee's file and may be used to provide proof of training.
|
12 | | (b) If a minor violates subsection (a-7) of Section 1 or |
13 | | subsection (d) of Section 1.5 he or she is guilty of a petty |
14 | | offense and the court may
impose a sentence of 25 hours of
|
15 | | community
service and a fine of $50 for a first violation. If a |
16 | | person under 21 years of age minor violates subsection (a-6) of |
17 | | Section 1, he or she is guilty of a Class A misdemeanor.
|
18 | | (c) (Blank). A second violation by a minor of subsection |
19 | | (a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
|
20 | | within 12 months after the first violation is punishable by a |
21 | | fine of $75 and 50
hours of community service.
|
22 | | (d) (Blank). A third or subsequent violation by a minor of |
23 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 |
24 | | that
occurs within 12 months after the first violation is |
25 | | punishable by a $200
fine
and 50 hours of community service.
|
26 | | (e) (Blank). Any second or subsequent violation not within |
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1 | | the 12-month time period
after
the first violation is |
2 | | punishable as provided for a first violation.
|
3 | | (f) (Blank). If a minor is convicted of or placed on |
4 | | supervision for a violation of
subsection (a-6) or (a-7) of |
5 | | Section 1 or subsection (d) of Section 1.5, the court may, in |
6 | | its discretion, and upon
recommendation by the State's |
7 | | Attorney, order that minor and his or her parents
or legal
|
8 | | guardian to attend a smoker's education or youth diversion |
9 | | program if that
program is available in the jurisdiction where |
10 | | the offender resides.
Attendance at a smoker's education or |
11 | | youth diversion program
shall be time-credited against any |
12 | | community service time imposed for any
first violation of |
13 | | subsection (a-7) of Section 1. In addition to any other
penalty
|
14 | | that the court may impose for a violation of subsection (a-7) |
15 | | of Section 1 or subsection (d) of Section 1.5, the
court, upon |
16 | | request by the State's Attorney, may in its discretion
require
|
17 | | the offender to remit a fee for his or her attendance at a |
18 | | smoker's
education or
youth diversion program.
|
19 | | (g) (Blank). For purposes of this Section, "smoker's |
20 | | education
program"
or
"youth diversion program" includes, but |
21 | | is not limited to, a seminar designed
to educate a person on |
22 | | the physical and psychological effects of smoking
tobacco |
23 | | products and alternative nicotine products and the health |
24 | | consequences of smoking tobacco products
and alternative |
25 | | nicotine products that can be conducted with a locality's youth |
26 | | diversion program.
|
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1 | | (h) All moneys collected as fines for violations of |
2 | | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or |
3 | | (a-7) of
Section 1
and subsection (b), (c), or (d) of Section |
4 | | 1.5 shall be distributed in the following manner:
|
5 | | (1) one-half of each fine shall be distributed to the |
6 | | unit of local
government or other entity that successfully |
7 | | prosecuted the offender;
and
|
8 | | (2) one-half shall be remitted to the State to be used |
9 | | for enforcing this
Act.
|
10 | | Any violation of subsection (a) or (a-5) of Section 1 or |
11 | | subsection (b) or (c) of Section 1.5 shall be reported to the |
12 | | Department of Revenue within 7 business days. |
13 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16; |
14 | | 99-192, eff. 1-1-16; 99-496, eff. 6-1-16.)
|
15 | | (720 ILCS 675/1.5 rep.) |
16 | | Section 30. The Prevention of Tobacco Use by
Minors and |
17 | | Sale and Distribution of Tobacco Products Act is amended by |
18 | | repealing Section 1.5. |
19 | | Section 35. The Display of
Tobacco Products Act is amended |
20 | | by changing Sections 5, 10, and 15 as follows: |
21 | | (720 ILCS 677/5) |
22 | | Sec. 5. Definitions. In this Act:
|
23 | | "Electronic cigarette" "Alternative nicotine product" has |
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1 | | the meaning ascribed to it in Section 1 1.5 of the Prevention |
2 | | of Tobacco Use by Persons under 21 Years of Age Minors and Sale |
3 | | and Distribution of Tobacco Products Act. |
4 | | "Line of sight" means visible to a cashier or other |
5 | | employee.
|
6 | | "Age restricted area" means a signed designated area in a |
7 | | retail establishment to which persons minors under 21 18 years |
8 | | of age are not permitted access unless accompanied by a parent |
9 | | or legal guardian.
|
10 | | (Source: P.A. 98-983, eff. 1-1-15 .) |
11 | | (720 ILCS 677/10) |
12 | | Sec. 10. Tobacco product displays. All single packs of |
13 | | cigarettes and electronic cigarettes alternative nicotine |
14 | | products must be sold from behind the counter or in an age |
15 | | restricted area or in a sealed display case. Any other tobacco |
16 | | products must be sold in line of sight.
|
17 | | The restrictions described in this Section do not apply to |
18 | | a
retail tobacco store that (i) derives at least 90% of its |
19 | | revenue from tobacco
and tobacco related products; (ii) does |
20 | | not permit persons under the age of 21 18
to enter the premises |
21 | | unless accompanied by a parent or legal guardian; and (iii) |
22 | | posts a sign on the main entrance way stating
that persons |
23 | | under the age of 21 18 are prohibited from entering unless |
24 | | accompanied by a parent or legal guardian.
|
25 | | (Source: P.A. 98-983, eff. 1-1-15 .) |
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1 | | (720 ILCS 677/15)
|
2 | | Sec. 15. Vending machines. This Act does not prohibit the |
3 | | sale
of tobacco products from vending machines if the location |
4 | | of the
vending machines are in compliance with the provisions |
5 | | of Section 1 of
the Prevention of Tobacco Use by Persons under |
6 | | 21 Years of Age Minors and Sale and Distribution of Tobacco |
7 | | Products
Act.
|
8 | | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; |
9 | | 96-1000, eff. 7-2-10.) |
10 | | Section 40. The Smokeless Tobacco Limitation Act is amended |
11 | | by changing the title of the Act and Sections 3 and 4 as |
12 | | follows:
|
13 | | (720 ILCS 680/Act title)
|
14 | | An Act to prohibit the sale or distribution of smokeless |
15 | | tobacco products
to persons under 21 18 years of age.
|
16 | | (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
|
17 | | Sec. 3.
No person shall sell any smokeless tobacco product |
18 | | to any
person under the age of 21 18 . Any person who violates |
19 | | this Section shall be
guilty of a business offense punishable |
20 | | by a fine of not more than $50 for
each violation.
|
21 | | (Source: P.A. 85-465.)
|
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1 | | (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
|
2 | | Sec. 4.
No person shall distribute or cause to be |
3 | | distributed to any
person under the age of 21 18 , without |
4 | | charge or at a nominal cost, any
smokeless tobacco product. Any |
5 | | person who violates this Section shall be
guilty of a business |
6 | | offense punishable for a first offense by a fine of
$200, for a |
7 | | second offense in a 12-month period by a fine of $400, and for |
8 | | the
third or any subsequent offense in a 12-month period by a |
9 | | fine of $600.
One-half of each fine collected under this |
10 | | Section shall be distributed to the
unit of local government or |
11 | | other entity that successfully prosecuted the
offender and |
12 | | one-half shall be remitted to the State to be used for the
|
13 | | enforcement of this Act.
|
14 | | (Source: P.A. 88-418.)
|
15 | | Section 45. The Tobacco Accessories and Smoking Herbs |
16 | | Control Act is amended by changing Section 4 as follows:
|
17 | | (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
|
18 | | Sec. 4. Offenses.
|
19 | | (a) Sale to minors. No person shall knowingly sell,
barter, |
20 | | exchange, deliver or give away or cause or permit or procure to
|
21 | | be sold, bartered, exchanged, delivered, or given away tobacco |
22 | | accessories
or smoking herbs to any person under 21 18 years of |
23 | | age.
|
24 | | (a-5) Sale of bidi cigarettes. No person shall knowingly |
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1 | | sell, barter,
exchange, deliver, or give away a bidi cigarette |
2 | | to another
person, nor shall a person cause or permit or |
3 | | procure a bidi cigarette to be
sold, bartered, exchanged, |
4 | | delivered, or given away to
another person.
|
5 | | (b) Sale of cigarette paper. No person shall knowingly |
6 | | offer, sell,
barter, exchange, deliver or give away cigarette |
7 | | paper or cause, permit, or
procure cigarette paper to be sold, |
8 | | offered, bartered, exchanged,
delivered, or given away except |
9 | | from premises or an establishment where other
tobacco
products |
10 | | are sold. For purposes of this Section, "tobacco products" |
11 | | means
cigarettes, cigars, smokeless tobacco, or tobacco in any |
12 | | of its forms.
|
13 | | (b-5) Sale of flavored wrapping paper and wrapping leaf. A |
14 | | person shall not knowingly sell, give away, barter, exchange, |
15 | | or otherwise furnish to any person any wrapping paper or |
16 | | wrapping leaf, however characterized, including, without |
17 | | limitation, cigarette papers, blunt wraps, cigar wraps, or |
18 | | tubes of paper or leaf, or any similar device, for the purpose |
19 | | of making a roll of tobacco or herbs for smoking, that is or is |
20 | | held out to be, impregnated, scented, or imbibed with, or aged |
21 | | or dipped in, a characterizing flavor, other than tobacco or |
22 | | menthol, including, without limitation, alcoholic or liquor |
23 | | flavor, or both, chocolate, fruit flavoring, vanilla, peanut |
24 | | butter, jelly, or any combination of those flavors or similar |
25 | | child attractive scent or flavor. |
26 | | (c) Sale of cigarette paper from vending machines. No |
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1 | | person shall
knowingly offer, sell, barter, exchange, deliver |
2 | | or give away cigarette
paper or cause, permit, or procure |
3 | | cigarette paper to be sold, offered,
bartered, exchanged, |
4 | | delivered, or
given away by use of a vending or coin-operated |
5 | | machine or device. For
purposes of this Section, "cigarette |
6 | | paper" shall not
include any paper that is incorporated into a |
7 | | product to which a tax stamp
must be affixed under the |
8 | | Cigarette Tax Act or the Cigarette Use Tax Act.
|
9 | | (d) Use of identification cards. No person in the |
10 | | furtherance or
facilitation of obtaining smoking accessories |
11 | | and smoking herbs shall
display or use a false or forged |
12 | | identification card or transfer, alter, or
deface an |
13 | | identification card.
|
14 | | (e) Warning to minors. Any person, firm, partnership, |
15 | | company or
corporation operating a place of business where |
16 | | tobacco accessories and
smoking herbs are sold or offered for |
17 | | sale shall post in a conspicuous
place upon the premises a sign |
18 | | upon which there shall be imprinted the
following statement, |
19 | | "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER |
20 | | EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
|
21 | | PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be |
22 | | printed on
a white card in red letters at least one-half inch |
23 | | in height.
|
24 | | (Source: P.A. 97-917, eff. 8-9-12.)
|
25 | | Section 95. No acceleration or delay. Where this Act makes |