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| Public Act 098-0350 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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
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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)
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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.
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(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.
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(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.
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(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.
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(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.
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(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
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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
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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.
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(g) For purposes of this Section, "smoker's education
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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.
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(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:
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(1) one-half of each fine shall be distributed to the | ||
unit of local
government or other entity that successfully | ||
prosecuted the offender;
and
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(2) one-half shall be remitted to the State to be used | ||
for enforcing this
Act.
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(Source: P.A. 96-179, eff. 8-10-09.)
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