Full Text of SB3678 98th General Assembly
SB3678 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3678 Introduced 1/6/2015, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 720 ILCS 675/1.5 | | 720 ILCS 675/2 | from Ch. 23, par. 2358 |
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Amends the Prevention of Tobacco Use by
Minors and Sale and Distribution of Tobacco Products Act. Provides that a person under 18 years of age shall not possess an alternative nicotine product. Establishes penalties.
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| | A BILL FOR |
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| 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 Prevention of Tobacco Use by
Minors and Sale | 5 | | and Distribution of Tobacco Products Act is amended by changing | 6 | | Sections 1.5 and 2 as follows: | 7 | | (720 ILCS 675/1.5) | 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 | 17 | | defined in Section 1 of this Act and any product approved by | 18 | | the United States Food and Drug Administration as a non-tobacco | 19 | | product for sale as a tobacco cessation product, as a tobacco | 20 | | dependence product, or for other medical purposes, and is being | 21 | | marketed and sold solely for that approved purpose. | 22 | | (b) A person, either directly or indirectly by an agent or | 23 | | employee, or by a vending machine
owned by the person or |
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| 1 | | located in the person's establishment, may not sell, offer for | 2 | | sale, give,
or furnish any alternative nicotine product, or any | 3 | | cartridge or component of an alternative nicotine product, to a | 4 | | person under 18 years of age. | 5 | | (c) Before selling, offering for sale, giving, or | 6 | | furnishing an alternative nicotine product, or any cartridge
or | 7 | | component of an alternative nicotine product, to another | 8 | | person, the person selling, offering for sale, giving, or | 9 | | furnishing the alternative nicotine product shall verify that | 10 | | the
person is at least 18 years of age by: | 11 | | (1) examining from any person that appears to
be under | 12 | | 27 years of age a government-issued photographic | 13 | | identification that establishes
the person is at least 18 | 14 | | years of age or | 15 | | (2) for sales made though the Internet or other
remote | 16 | | sales methods, performing an age verification through an | 17 | | independent, third-party
age verification service that | 18 | | compares information available from public records to the
| 19 | | personal information entered by the person during the | 20 | | ordering process that establishes
the person is 18 years of | 21 | | age or older.
| 22 | | (d) A person under 18 years of age shall not possess an | 23 | | alternative nicotine product. | 24 | | (Source: P.A. 98-350, eff. 1-1-14.) | 25 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
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| 1 | | (Text of Section before amendment by P.A. 98-1055 ) | 2 | | Sec. 2. Penalties. | 3 | | (a) Any person who violates subsection (a), (a-5), or (a-6) | 4 | | of Section 1
or Section 1.5 of this Act is guilty of a
petty | 5 | | offense and
for the first offense
shall be fined $200, $400 for | 6 | | the
second offense in a 12-month period, and
$600 for the third | 7 | | or any
subsequent
offense in a 12-month period.
| 8 | | (b) If a minor violates subsection (a-7) of Section 1 or | 9 | | subsection (d) of Section 1.5 he or she is guilty of a petty | 10 | | offense and the court may
impose a sentence of 15 hours of
| 11 | | community
service or a fine of $25 for a first violation.
| 12 | | (c) A second violation by a minor of subsection (a-7) of | 13 | | Section 1 or subsection (d) of Section 1.5 that occurs
within | 14 | | 12 months after the first violation is punishable by a fine of | 15 | | $50 and
25
hours of community service.
| 16 | | (d) A third or subsequent violation by a minor of | 17 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | 18 | | that
occurs within 12 months after the first violation is | 19 | | punishable by a $100
fine
and 30 hours of community service.
| 20 | | (e) Any second or subsequent violation not within the | 21 | | 12-month time period
after
the first violation is punishable as | 22 | | provided for a first violation.
| 23 | | (f) If a minor is convicted of or placed on supervision for | 24 | | a violation of
subsection (a-7) of Section 1 or subsection (d) | 25 | | of Section 1.5 , the court may, in its discretion, and upon
| 26 | | recommendation by the State's Attorney, order that minor and |
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| 1 | | his or her parents
or legal
guardian to attend a smoker's | 2 | | education or youth diversion program if that
program is | 3 | | available in the jurisdiction where the offender resides.
| 4 | | Attendance at a smoker's education or youth diversion program
| 5 | | shall be time-credited against any community service time | 6 | | imposed for any
first violation of subsection (a-7) of Section | 7 | | 1 or subsection (d) of Section 1.5 . In addition to any other
| 8 | | penalty
that the court may impose for a violation of subsection | 9 | | (a-7) of Section 1 or subsection (d) of Section 1.5 , the
court, | 10 | | upon request by the State's Attorney, may in its discretion
| 11 | | require
the offender to remit a fee for his or her attendance | 12 | | at a smoker's
education or
youth diversion program.
| 13 | | (g) For purposes of this Section, "smoker's education
| 14 | | program"
or
"youth diversion program" includes, but is not | 15 | | limited to, a seminar designed
to educate a person on the | 16 | | physical and psychological effects of smoking
tobacco products | 17 | | and alternative nicotine products and the health consequences | 18 | | of smoking tobacco products
and alternative nicotine products | 19 | | that can be conducted with a locality's youth diversion | 20 | | program.
| 21 | | (h) All moneys collected as fines for violations of | 22 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | 23 | | subsection (d) of Section 1.5 shall be distributed in the | 24 | | following manner:
| 25 | | (1) one-half of each fine shall be distributed to the | 26 | | unit of local
government or other entity that successfully |
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| 1 | | prosecuted the offender;
and
| 2 | | (2) one-half shall be remitted to the State to be used | 3 | | for enforcing this
Act.
| 4 | | (Source: P.A. 98-350, eff. 1-1-14.)
| 5 | | (Text of Section after amendment by P.A. 98-1055 ) | 6 | | Sec. 2. Penalties. | 7 | | (a) Any person who violates subsection (a) or (a-5) of | 8 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 9 | | offense. For the first offense in a 24-month period, the person | 10 | | shall be fined $200 if his or her employer has a training | 11 | | program that facilitates compliance with minimum-age tobacco | 12 | | laws. For the second offense in a 24-month period, the person | 13 | | shall be fined $400 if his or her employer has a training | 14 | | program that facilitates compliance with minimum-age tobacco | 15 | | laws. For the third offense in a 24-month period, the person | 16 | | shall be fined $600 if his or her employer has a training | 17 | | program that facilitates compliance with minimum-age tobacco | 18 | | laws. For the fourth or subsequent offense in a 24-month | 19 | | period, the person shall be fined $800 if his or her employer | 20 | | has a training program that facilitates compliance with | 21 | | minimum-age tobacco laws. For the purposes of this subsection, | 22 | | the 24-month period shall begin with the person's first | 23 | | violation of the Act. The penalties in this subsection are in | 24 | | addition to any other penalties prescribed under the Cigarette | 25 | | Tax Act and the Tobacco Products Tax Act of 1995. |
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| 1 | | (a-5) Any person who violates subsection (a) or (a-5) of | 2 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 3 | | offense. For the first offense, the retailer shall be fined | 4 | | $200 if it does not have a training program that facilitates | 5 | | compliance with minimum-age tobacco laws. For the second | 6 | | offense, the retailer shall be fined $400 if it does not have a | 7 | | training program that facilitates compliance with minimum-age | 8 | | tobacco laws. For the third offense, the retailer shall be | 9 | | fined $600 if it does not have a training program that | 10 | | facilitates compliance with minimum-age tobacco laws. For the | 11 | | fourth or subsequent offense in a 24-month period, the retailer | 12 | | shall be fined $800 if it does not have a training program that | 13 | | facilitates compliance with minimum-age tobacco laws. For the | 14 | | purposes of this subsection, the 24-month period shall begin | 15 | | with the person's first violation of the Act. The penalties in | 16 | | this subsection are in addition to any other penalties | 17 | | prescribed under the Cigarette Tax Act and the Tobacco Products | 18 | | Tax Act of 1995. | 19 | | (a-6) For the purpose of this Act, a training program that | 20 | | facilitates compliance with minimum-age tobacco laws must | 21 | | include at least the following elements: (i) it must explain | 22 | | that only individuals displaying valid identification | 23 | | demonstrating that they are 18 years of age or older shall be | 24 | | eligible to purchase cigarettes or tobacco products; (ii) it | 25 | | must explain where a clerk can check identification for a date | 26 | | of birth; and (iii) it must explain the penalties that a clerk |
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| 1 | | and retailer are subject to for violations of the Prevention of | 2 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 3 | | Products Act.
| 4 | | (b) If a minor violates subsection (a-7) of Section 1 or | 5 | | subsection (d) of Section 1.5 he or she is guilty of a petty | 6 | | offense and the court may
impose a sentence of 25 hours of
| 7 | | community
service and a fine of $50 for a first violation. If a | 8 | | minor violates subsection (a-6) of Section 1, he or she is | 9 | | guilty of a Class A misdemeanor.
| 10 | | (c) A second violation by a minor of subsection (a-7) of | 11 | | Section 1 or subsection (d) of Section 1.5 that occurs
within | 12 | | 12 months after the first violation is punishable by a fine of | 13 | | $75 and 50
hours of community service.
| 14 | | (d) A third or subsequent violation by a minor of | 15 | | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | 16 | | that
occurs within 12 months after the first violation is | 17 | | punishable by a $200
fine
and 50 hours of community service.
| 18 | | (e) Any second or subsequent violation not within the | 19 | | 12-month time period
after
the first violation is punishable as | 20 | | provided for a first violation.
| 21 | | (f) If a minor is convicted of or placed on supervision for | 22 | | a violation of
subsection (a-6) or (a-7) of Section 1 or | 23 | | subsection (d) of Section 1.5 , the court may, in its | 24 | | discretion, and upon
recommendation by the State's Attorney, | 25 | | order that minor and his or her parents
or legal
guardian to | 26 | | attend a smoker's education or youth diversion program if that
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| 1 | | program is available in the jurisdiction where the offender | 2 | | resides.
Attendance at a smoker's education or youth diversion | 3 | | program
shall be time-credited against any community service | 4 | | time imposed for any
first violation of subsection (a-7) of | 5 | | Section 1 or subsection (d) of Section 1.5 . In addition to any | 6 | | other
penalty
that the court may impose for a violation of | 7 | | subsection (a-7) of Section 1 or subsection (d) of Section 1.5 , | 8 | | the
court, upon request by the State's Attorney, may in its | 9 | | discretion
require
the offender to remit a fee for his or her | 10 | | attendance at a smoker's
education or
youth diversion program.
| 11 | | (g) For purposes of this Section, "smoker's education
| 12 | | program"
or
"youth diversion program" includes, but is not | 13 | | limited to, a seminar designed
to educate a person on the | 14 | | physical and psychological effects of smoking
tobacco products | 15 | | and alternative nicotine products and the health consequences | 16 | | of smoking tobacco products
and alternative nicotine products | 17 | | that can be conducted with a locality's youth diversion | 18 | | program.
| 19 | | (h) All moneys collected as fines for violations of | 20 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and | 21 | | subsection (d) of Section 1.5 shall be distributed in the | 22 | | following manner:
| 23 | | (1) one-half of each fine shall be distributed to the | 24 | | unit of local
government or other entity that successfully | 25 | | prosecuted the offender;
and
| 26 | | (2) one-half shall be remitted to the State to be used |
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| 1 | | for enforcing this
Act.
| 2 | | Any violation of subsection (a) or (a-5) of Section 1 or | 3 | | Section 1.5 shall be reported to the Department of Revenue | 4 | | within 7 business days. | 5 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
| 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
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