Illinois General Assembly - Full Text of HB1383
Illinois General Assembly

Previous General Assemblies

Full Text of HB1383  93rd General Assembly

HB1383ham002 93rd General Assembly


093_HB1383ham002

 










                                     LRB093 10666 DRJ 11072 a

 1                    AMENDMENT TO HOUSE BILL 1383

 2        AMENDMENT NO.     .  Amend House Bill  1383  on  page  7,
 3    line 10, by replacing "0.01 and 1" with the following: "0.01,
 4    1, and 2"; and

 5    on page 8, after line 25, by inserting the following:

 6        "(720 ILCS 675/2) (from Ch. 23, par. 2358)
 7        Sec.  2.  Except  as  otherwise provided in this Section,
 8    any person who violates any provision of this Act  is  guilty
 9    of  a  petty offense and for the first offense shall be fined
10    $200, $400 for the second offense in a 12-month  period,  and
11    $600  for  the  third or any subsequent offense in a 12-month
12    period. One-half of each fine collected  under  this  Section
13    shall be distributed to the unit of local government or other
14    entity that successfully prosecuted the offender and one-half
15    shall  be remitted to the State to be used for enforcing this
16    Act.
17        A person who violates this Act on  or  after  January  1,
18    2004  and  before  January  1,  2005  by selling, buying for,
19    distributing samples of, or furnishing a cigar or  cigarette,
20    smokeless tobacco, or tobacco in any of its forms to a person
21    18  years of age shall be issued a warning that he or she has
22    violated this Act. The person may  not  be  prosecuted  under
 
                            -2-      LRB093 10666 DRJ 11072 a
 1    this Act for such an act committed during that time period.
 2    (Source: P.A. 88-418.)"; and

 3    on  page  9,  line  11,  by  replacing  "Any" with "Except as
 4    otherwise provided in this Section, any"; and

 5    on page  9,  between  lines  19  and  20,  by  inserting  the
 6    following:
 7        "A  person  who violates this Section on or after January
 8    1, 2004 and before January 1, 2005 by distributing or causing
 9    to be distributed a smokeless tobacco product to a person  18
10    years  of  age  shall  be issued a warning that he or she has
11    violated this Section. The person may not be prosecuted under
12    this Act for such an act committed during that time period.";
13    and

14    on page 9, line 23, by replacing "2 and 4" with  "2,  4,  and
15    5"; and

16    on page 11, after line 30, by inserting the following:

17        "(720 ILCS 685/5) (from Ch. 23, par. 2358-5)
18        Sec. 5.  Penalty.
19        (a)  Except as otherwise provided in this subsection, any
20    person  who shall knowingly violate, or shall knowingly cause
21    the violation  of  any  provision  of  this  Act  other  than
22    subsection  (a-5)  of  Section 4 shall be guilty of a Class C
23    misdemeanor.
24        A person who knowingly violates, or knowingly causes  the
25    violation of, subsection (a) of Section 4 on or after January
26    1,  2004  and  before  January 1, 2005 by selling, bartering,
27    exchanging,  delivering,  or   giving   away,   or   causing,
28    permitting,  or  procuring  to  be sold, bartered, exchanged,
29    delivered, or given  away,  tobacco  accessories  or  smoking
30    herbs  to  a person 18 years of age shall be issued a warning
31    that he or she has violated subsection (a) of Section 4.  The
 
                            -3-      LRB093 10666 DRJ 11072 a
 1    person  may  not be prosecuted under this Act for such an act
 2    committed during that time period.
 3        (b)  Any  person  who  knowingly  violates  or  knowingly
 4    causes the violation of subsection  (a-5)  of  Section  4  is
 5    guilty of a petty offense for which the offender may be fined
 6    an amount as follows:
 7             (1)  For a first offense, not less than $100 and not
 8        more than $500.
 9             (2)  For  a  second  offense within a 2-year period,
10        not less than $250 and not more than $500.
11             (3)  For a third  or  subsequent  offense  within  a
12        2-year  period,  not  less  than  $500  and not more than
13        $1,000.
14    (Source: P.A. 91-734, eff. 1-1-01.)".