SB3174eng 96TH GENERAL ASSEMBLY

  
  
  

 


 
SB3174 Engrossed LRB096 20248 RLC 35831 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Tobacco Accessories and Smoking Herbs
5 Control Act is amended by changing Sections 4 and 5 as follows:
 
6     (720 ILCS 685/4)  (from Ch. 23, par. 2358-4)
7     Sec. 4. Offenses.
8     (a) Sale to minors. No person shall knowingly sell, barter,
9 exchange, deliver or give away or cause or permit or procure to
10 be sold, bartered, exchanged, delivered, or given away tobacco
11 accessories or smoking herbs to any person under 18 years of
12 age.
13     (a-5) Sale of bidi cigarettes. No person shall knowingly
14 sell, barter, exchange, deliver, or give away a bidi cigarette
15 to another person, nor shall a person cause or permit or
16 procure a bidi cigarette to be sold, bartered, exchanged,
17 delivered, or given away to another person.
18     (a-6) Nicotine delivery products. No product containing or
19 delivering nicotine intended or expected for human
20 consumption, or any part of such a product, that is not a
21 tobacco product as defined by 21 U.S.C. 321(rr) shall be
22 distributed or sold in this State or to consumers in this State
23 unless it has been approved or otherwise certified for legal

 

 

SB3174 Engrossed - 2 - LRB096 20248 RLC 35831 b

1 sale by the United States Food and Drug Administration for
2 tobacco use cessation, harm reduction, or for other medical
3 purposes, and is being marketed and sold solely for that
4 approved purpose.
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     (c) Sale of cigarette paper from vending machines. No
14 person shall knowingly offer, sell, barter, exchange, deliver
15 or give away cigarette paper or cause, permit, or procure
16 cigarette paper to be sold, offered, bartered, exchanged,
17 delivered, or given away by use of a vending or coin-operated
18 machine or device. For purposes of this Section, "cigarette
19 paper" shall not include any paper that is incorporated into a
20 product to which a tax stamp must be affixed under the
21 Cigarette Tax Act or the Cigarette Use Tax Act.
22     (d) Use of identification cards. No person in the
23 furtherance or facilitation of obtaining smoking accessories
24 and smoking herbs shall display or use a false or forged
25 identification card or transfer, alter, or deface an
26 identification card.

 

 

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1     (e) Warning to minors. Any person, firm, partnership,
2 company or corporation operating a place of business where
3 tobacco accessories and smoking herbs are sold or offered for
4 sale shall post in a conspicuous place upon the premises a sign
5 upon which there shall be imprinted the following statement,
6 "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER
7 EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
8 PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be
9 printed on a white card in red letters at least one-half inch
10 in height.
11 (Source: P.A. 91-734, eff. 1-1-01.)
 
12     (720 ILCS 685/5)  (from Ch. 23, par. 2358-5)
13     Sec. 5. Penalty.
14     (a) Any person who shall knowingly violate, or shall
15 knowingly cause the violation of any provision of this Act
16 other than subsection (a-5) or (a-6) of Section 4 shall be
17 guilty of a Class C misdemeanor.
18     (b) Any person who knowingly violates or knowingly causes
19 the violation of subsection (a-5) or (a-6) of Section 4 is
20 guilty of a petty offense for which the offender may be fined
21 an amount as follows:
22         (1) For a first offense, not less than $100 and not
23     more than $500.
24         (2) For a second offense within a 2-year period, not
25     less than $250 and not more than $500.

 

 

SB3174 Engrossed - 4 - LRB096 20248 RLC 35831 b

1         (3) For a third or subsequent offense within a 2-year
2     period, not less than $500 and not more than $1,000.
3 (Source: P.A. 91-734, eff. 1-1-01.)