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Synopsis As Introduced Amends the Juvenile Court Act of 1987. Provides that, if a minor violates the provisions prohibiting minors from possessing any cigars, cigarettes, smokeless tobacco, or tobacco in any of its forms, the court may in its discretion, and upon recommendation by the State's Attorney, order the minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program if that program is available in the jurisdiction where the offender resides. Provides that attendance at a smoker's education or youth diversion program shall be time-credited against any community service time imposed for a violation of the provision prohibiting tobacco possession by a minor. Imposes several penalties for a violation of the provision prohibiting tobacco possession by a minor. Amends the Sale of Tobacco to Minors Act. Changes the short title of the Act to the "Prevention of Tobacco Use by Minors Act". Prohibits minors under 18 years of age from possessing any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. Imposes several penalties for a violation of the provision prohibiting tobacco possession by a minor.
House Floor Amendment No. 1 Prohibits the sale to and possession of tobacco by minors (instead of the sale of tobacco to minors). Provides that it is not a violation of the Sale of Tobacco to Minors Act for a person under 18 years of age to purchase or possess a cigar, cigarette, smokeless tobacco or tobacco in any of its forms if the person under the age of 18 years purchases or is given the cigar, cigarette, smokeless tobacco or tobacco in any of its forms from a retail seller of tobacco products or an employee of the retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if tobacco products are being sold or given to persons under 18 years of age if the "sting operation" or enforcement action is approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department. Adds an immediate effective date.
House Floor Amendment No. 2 Provides that it is a petty offense for a minor under 16 years of age to sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms at a retail establishment selling tobacco products. Provides that it is a petty offense for a minor under 18 years of age to possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms.
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