Full Text of HB2250 98th General Assembly
HB2250sam001 98TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 5/9/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2250
| 2 | | AMENDMENT NO. ______. Amend House Bill 2250 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Prevention of Tobacco Use by Minors and | 5 | | Sale and Distribution of Tobacco Products Act is amended by | 6 | | changing Section 2 and adding Section 1.5 as follows: | 7 | | (720 ILCS 675/1.5 new) | 8 | | Sec. 1.5. Distribution of alternative nicotine products to | 9 | | persons under 18 years of age prohibited. | 10 | | (a) For the purposes of this Section, "alternative nicotine | 11 | | product" means a product or device not consisting of or | 12 | | containing tobacco that provides for the ingestion into the | 13 | | body of nicotine, whether by chewing, smoking, absorbing, | 14 | | dissolving, inhaling, snorting, sniffing, or by any other | 15 | | means. "Alternative nicotine product" excludes cigarettes, | 16 | | smokeless tobacco, or other tobacco products as these terms are |
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| 1 | | defined in Section 1 of this Act and any product approved by | 2 | | the United States Food and Drug Administration as a non-tobacco | 3 | | product for sale as a tobacco cessation product, as a tobacco | 4 | | dependence product, or for other medical purposes, and is being | 5 | | marketed and sold solely for that approved purpose. | 6 | | (b) A person, either directly or indirectly by an agent or | 7 | | employee, or by a vending machine
owned by the person or | 8 | | located in the person's establishment, may not sell, offer for | 9 | | sale, give,
or furnish any alternative nicotine product, or any | 10 | | cartridge or component of an alternative nicotine product, to a | 11 | | person under 18 years of age. | 12 | | (c) Before selling, offering for sale, giving, or | 13 | | furnishing an alternative nicotine product, or any cartridge
or | 14 | | component of an alternative nicotine product, to another | 15 | | person, the person selling, offering for sale, giving, or | 16 | | furnishing the alternative nicotine product shall verify that | 17 | | the
person is at least 18 years of age by: | 18 | | (1) examining from any person that appears to
be under | 19 | | 27 years of age a government-issued photographic | 20 | | identification that establishes
the person is at least 18 | 21 | | years of age; or | 22 | | (2) for sales made though the Internet or other
remote | 23 | | sales methods, performing an age verification through an | 24 | | independent, third-party
age verification service that | 25 | | compares information available from public records to the
| 26 | | personal information entered by the person during the |
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| 1 | | ordering process that establishes
the person is 18 years of | 2 | | age or older. | 3 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 4 | | Sec. 2. Penalties. | 5 | | (a) Any person who violates Section 1.5 or subsection (a), | 6 | | (a-5), or (a-6) of Section 1
of this Act is guilty of a
petty | 7 | | offense and
for the first offense
shall be fined $200, $400 for | 8 | | the
second offense in a 12-month period, and
$600 for the third | 9 | | or any
subsequent
offense in a 12-month period.
| 10 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 11 | | she is guilty of a petty offense and the court may
impose a | 12 | | sentence of 15 hours of
community
service or a fine of $25 for | 13 | | a first violation.
| 14 | | (c) A second violation by a minor of subsection (a-7) of | 15 | | Section 1 that occurs
within 12 months after the first | 16 | | violation is punishable by a fine of $50 and
25
hours of | 17 | | community service.
| 18 | | (d) A third or subsequent violation by a minor of | 19 | | subsection (a-7) of Section
1
that
occurs within 12 months | 20 | | after the first violation is punishable by a $100
fine
and 30 | 21 | | hours of community service.
| 22 | | (e) Any second or subsequent violation not within the | 23 | | 12-month time period
after
the first violation is punishable as | 24 | | provided for a first violation.
| 25 | | (f) If a minor is convicted of or placed on supervision for |
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| 1 | | a violation of
subsection (a-7) of Section 1, the court may, in | 2 | | its discretion, and upon
recommendation by the State's | 3 | | Attorney, order that minor and his or her parents
or legal
| 4 | | guardian to attend a smoker's education or youth diversion | 5 | | program if that
program is available in the jurisdiction where | 6 | | the offender resides.
Attendance at a smoker's education or | 7 | | youth diversion program
shall be time-credited against any | 8 | | community service time imposed for any
first violation of | 9 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 10 | | that the court may impose for a violation of subsection (a-7) | 11 | | of Section 1, the
court, upon request by the State's Attorney, | 12 | | may in its discretion
require
the offender to remit a fee for | 13 | | his or her attendance at a smoker's
education or
youth | 14 | | diversion program.
| 15 | | (g) For purposes of this Section, "smoker's education
| 16 | | program"
or
"youth diversion program" includes, but is not | 17 | | limited to, a seminar designed
to educate a person on the | 18 | | physical and psychological effects of smoking
tobacco products | 19 | | and the health consequences of smoking tobacco products
that | 20 | | can be conducted with a locality's youth diversion program.
| 21 | | (h) All moneys collected as fines for violations of | 22 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 23 | | distributed in the following manner:
| 24 | | (1) one-half of each fine shall be distributed to the | 25 | | unit of local
government or other entity that successfully | 26 | | prosecuted the offender;
and
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| 1 | | (2) one-half shall be remitted to the State to be used | 2 | | for enforcing this
Act.
| 3 | | (Source: P.A. 96-179, eff. 8-10-09.)".
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