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Public Act 098-0350
Public Act 0350 98TH GENERAL ASSEMBLY
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Public Act 098-0350
| | SB1756 Enrolled | LRB098 05213 RLC 40473 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Prevention of Tobacco Use by Minors and Sale | and Distribution of Tobacco Products Act is amended by changing | Section 2 and adding Section 1.5 as follows:
| (720 ILCS 675/1.5 new) | Sec. 1.5. Distribution of alternative nicotine products to | persons under 18 years of age prohibited. | (a) For the purposes of this Section, "alternative nicotine | product" means a product or device not consisting of or | containing tobacco that provides for the ingestion into the | body of nicotine, whether by chewing, smoking, absorbing, | dissolving, inhaling, snorting, sniffing, or by any other | means. "Alternative nicotine product" excludes cigarettes, | smokeless tobacco, or other tobacco products as these terms are | defined in Section 1 of this Act and any product approved by | the United States Food and Drug Administration as a non-tobacco | product for sale as a tobacco cessation product, as a tobacco | dependence product, or for other medical purposes, and is being | marketed and sold solely for that approved purpose. | (b) A person, either directly or indirectly by an agent or | employee, or by a vending machine
owned by the person or |
| located in the person's establishment, may not sell, offer for | sale, give,
or furnish any alternative nicotine product, or any | cartridge or component of an alternative nicotine product, to a | person under 18 years of age. | (c) Before selling, offering for sale, giving, or | furnishing an alternative nicotine product, or any cartridge
or | component of an alternative nicotine product, to another | person, the person selling, offering for sale, giving, or | furnishing the alternative nicotine product shall verify that | the
person is at least 18 years of age by: | (1) examining from any person that appears to
be under | 27 years of age a government-issued photographic | identification that establishes
the person is at least 18 | years of age or | (2) for sales made though the Internet or other
remote | sales methods, performing an age verification through an | independent, third-party
age verification service that | compares information available from public records to the
| personal information entered by the person during the | ordering process that establishes
the person is 18 years of | age or older.
| (720 ILCS 675/2) (from Ch. 23, par. 2358)
| Sec. 2. Penalties. | (a) Any person who violates subsection (a), (a-5), or (a-6) | of Section 1
or Section 1.5 of this Act is guilty of a
petty |
| offense and
for the first offense
shall be fined $200, $400 for | the
second offense in a 12-month period, and
$600 for the third | or any
subsequent
offense in a 12-month period.
| (b) If a minor violates subsection (a-7) of Section 1 he or | she is guilty of a petty offense and the court may
impose a | sentence of 15 hours of
community
service or a fine of $25 for | a first violation.
| (c) A second violation by a minor of subsection (a-7) of | Section 1 that occurs
within 12 months after the first | violation is punishable by a fine of $50 and
25
hours of | community service.
| (d) A third or subsequent violation by a minor of | subsection (a-7) of Section
1
that
occurs within 12 months | after the first violation is punishable by a $100
fine
and 30 | hours of community service.
| (e) Any second or subsequent violation not within the | 12-month time period
after
the first violation is punishable as | provided for a first violation.
| (f) If a minor is convicted of or placed on supervision for | a violation of
subsection (a-7) of Section 1, the court may, in | its discretion, and upon
recommendation by the State's | Attorney, order that 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.
Attendance at a smoker's education or | youth diversion program
shall be time-credited against any |
| community service time imposed for any
first violation of | subsection (a-7) of Section 1. In addition to any other
penalty
| that the court may impose for a violation of subsection (a-7) | of Section 1, the
court, upon request by the State's Attorney, | may in its discretion
require
the offender to remit a fee for | his or her attendance at a smoker's
education or
youth | diversion program.
| (g) For purposes of this Section, "smoker's education
| program"
or
"youth diversion program" includes, but is not | limited to, a seminar designed
to educate a person on the | physical and psychological effects of smoking
tobacco products | and the health consequences of smoking tobacco products
that | can be conducted with a locality's youth diversion program.
| (h) All moneys collected as fines for violations of | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | distributed in the following manner:
| (1) one-half of each fine shall be distributed to the | unit of local
government or other entity that successfully | prosecuted the offender;
and
| (2) one-half shall be remitted to the State to be used | for enforcing this
Act.
| (Source: P.A. 96-179, eff. 8-10-09.)
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Effective Date: 1/1/2014
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