093_HB1548ham002











                                     LRB093 09149 RLC 14160 a

 1                    AMENDMENT TO HOUSE BILL 1548

 2        AMENDMENT NO.     .  Amend House Bill 1548,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section  5.  The Juvenile Court Act of 1987  is  amended
 6    by changing Sections 5-615 and 5-710 as follows:

 7        (705 ILCS 405/5-615)
 8        Sec. 5-615.  Continuance under supervision.
 9        (1)  The  court  may  enter an order of continuance under
10    supervision for an offense other than first degree murder,  a
11    Class  X felony or a forcible felony (a) upon an admission or
12    stipulation by the appropriate respondent or minor respondent
13    of the facts supporting the petition and before proceeding to
14    adjudication, or after hearing the evidence at the trial, and
15    (b) in the absence of objection made in  open  court  by  the
16    minor,  his  or her parent, guardian, or legal custodian, the
17    minor's attorney or the State's Attorney.
18        (2)  If the minor, his or her parent, guardian, or  legal
19    custodian,  the  minor's attorney or State's Attorney objects
20    in open court to any continuance and insists upon  proceeding
21    to findings and adjudication, the court shall so proceed.
22        (3)  Nothing  in  this  Section  limits  the power of the
 
                            -2-      LRB093 09149 RLC 14160 a
 1    court  to  order  a  continuance  of  the  hearing  for   the
 2    production  of  additional  evidence  or for any other proper
 3    reason.
 4        (4)  When a hearing where a minor  is  alleged  to  be  a
 5    delinquent  is continued pursuant to this Section, the period
 6    of continuance under supervision may not  exceed  24  months.
 7    The  court  may  terminate a continuance under supervision at
 8    any time if warranted by the conduct of  the  minor  and  the
 9    ends of justice.
10        (5)  When  a  hearing  where  a  minor  is  alleged to be
11    delinquent is continued pursuant to this Section,  the  court
12    may,  as  conditions  of  the  continuance under supervision,
13    require the minor to do any of the following:
14             (a)  not  violate  any  criminal  statute   of   any
15        jurisdiction;
16             (b)  make  a  report  to and appear in person before
17        any person or agency as directed by the court;
18             (c)  work or pursue a course of study or  vocational
19        training;
20             (d)  undergo  medical or psychotherapeutic treatment
21        rendered by a therapist licensed under the provisions  of
22        the   Medical   Practice   Act  of  1987,   the  Clinical
23        Psychologist Licensing Act, or the Clinical  Social  Work
24        and  Social  Work  Practice Act, or an entity licensed by
25        the Department of Human Services as a  successor  to  the
26        Department  of  Alcoholism  and  Substance Abuse, for the
27        provision of drug addiction and alcoholism treatment;
28             (e)  attend or reside in a facility established  for
29        the instruction or residence of persons on probation;
30             (f)  support his or her dependents, if any;
31             (g)  pay costs;
32             (h)  refrain  from  possessing  a  firearm  or other
33        dangerous weapon, or an automobile;
34             (i)  permit the probation officer to  visit  him  or
 
                            -3-      LRB093 09149 RLC 14160 a
 1        her at his or her home or elsewhere;
 2             (j)  reside  with  his or her parents or in a foster
 3        home;
 4             (k)  attend school;
 5             (k-5)  with the consent of the superintendent of the
 6        facility, attend an educational  program  at  a  facility
 7        other  than the school in which the offense was committed
 8        if he or she committed a crime of violence as defined  in
 9        Section  2  of  the  Crime  Victims Compensation Act in a
10        school, on the real  property  comprising  a  school,  or
11        within  1,000  feet  of  the  real  property comprising a
12        school;
13             (l)  attend a non-residential program for youth;
14             (m)  contribute to his or her own support at home or
15        in a foster home;
16             (n)  perform some  reasonable  public  or  community
17        service;
18             (o)  make  restitution  to  the  victim, in the same
19        manner and under  the  same  conditions  as  provided  in
20        subsection   (4)   of  Section  5-710,  except  that  the
21        "sentencing hearing" referred to in that Section shall be
22        the adjudicatory hearing for purposes of this Section;
23             (p)  comply with curfew requirements  as  designated
24        by the court;
25             (q)  refrain   from   entering   into  a  designated
26        geographic area except upon  terms  as  the  court  finds
27        appropriate.   The terms may include consideration of the
28        purpose of the entry, the  time  of  day,  other  persons
29        accompanying   the  minor,  and  advance  approval  by  a
30        probation officer;
31             (r)  refrain from having any  contact,  directly  or
32        indirectly,  with certain specified persons or particular
33        types of persons, including but not limited to members of
34        street gangs and drug users or dealers;
 
                            -4-      LRB093 09149 RLC 14160 a
 1             (r-5)  undergo a medical or other procedure to  have
 2        a  tattoo symbolizing allegiance to a street gang removed
 3        from his or her body;
 4             (s)  refrain from having in  his  or  her  body  the
 5        presence  of  any illicit drug prohibited by the Cannabis
 6        Control Act or the Illinois  Controlled  Substances  Act,
 7        unless  prescribed  by a physician, and submit samples of
 8        his or her blood or urine or both for tests to  determine
 9        the presence of any illicit drug;  or
10             (t)  comply  with  any  other  conditions  as may be
11        ordered by the court.
12        (6)  A minor whose case is  continued  under  supervision
13    under  subsection  (5)  shall  be given a certificate setting
14    forth the conditions imposed by the court.  Those  conditions
15    may  be reduced, enlarged, or modified by the court on motion
16    of the probation officer or on its own motion, or that of the
17    State's Attorney, or, at  the  request  of  the  minor  after
18    notice and hearing.
19        (7)  If  a  petition  is  filed charging a violation of a
20    condition of the continuance  under  supervision,  the  court
21    shall conduct a hearing.  If the court finds that a condition
22    of  supervision has not been fulfilled, the court may proceed
23    to findings and adjudication and disposition.  The filing  of
24    a  petition  for  violation of a condition of the continuance
25    under supervision shall toll the period of continuance  under
26    supervision  until the final determination of the charge, and
27    the term of the continuance under supervision shall  not  run
28    until  the  hearing  and  disposition  of  the  petition  for
29    violation;   provided where the petition alleges conduct that
30    does not constitute a criminal offense, the hearing  must  be
31    held  within  30  days of the filing of the petition unless a
32    delay shall continue the tolling of the period of continuance
33    under supervision for the period of the delay.
34        (8)  When a hearing in which a minor is alleged to  be  a
 
                            -5-      LRB093 09149 RLC 14160 a
 1    delinquent  for  reasons  that include a violation of Section
 2    21-1.3 of the Criminal Code of 1961 is continued  under  this
 3    Section,  the  court shall, as a condition of the continuance
 4    under supervision, require the  minor  to  perform  community
 5    service  for not less than 30 and not more than 120 hours, if
 6    community service is  available  in  the  jurisdiction.   The
 7    community  service shall include, but need not be limited to,
 8    the cleanup and repair of the damage that was caused  by  the
 9    alleged  violation  or  similar damage to property located in
10    the municipality or county in  which  the  alleged  violation
11    occurred.   The  condition  may  be  in addition to any other
12    condition.
13        (8.5)  When a hearing in which a minor is alleged to be a
14    delinquent for reasons that include a  violation  of  Section
15    3.02  or  Section  3.03 of the Humane Care for Animals Act or
16    paragraph (d) of  subsection  (1)  of  Section  21-1  of  the
17    Criminal  Code  of  1961 is continued under this Section, the
18    court  shall,  as  a  condition  of  the  continuance   under
19    supervision,   require   the  minor  to  undergo  medical  or
20    psychiatric  treatment  rendered   by   a   psychiatrist   or
21    psychological  treatment rendered by a clinical psychologist.
22    The condition may be in addition to any other condition.
23        (9)  When a hearing in which a minor is alleged to  be  a
24    delinquent is continued under this Section, the court, before
25    continuing the case, shall make a finding whether the offense
26    alleged to have been committed either:  (i) was related to or
27    in  furtherance of the activities of an organized gang or was
28    motivated by the minor's membership in or  allegiance  to  an
29    organized  gang,  or (ii) is a violation of paragraph (13) of
30    subsection (a) of Section 12-2 of the Criminal Code of  1961,
31    a violation of any Section of Article 24 of the Criminal Code
32    of  1961,  or  a  violation  of any statute that involved the
33    unlawful use of a  firearm.   If  the  court  determines  the
34    question  in  the affirmative the court shall, as a condition
 
                            -6-      LRB093 09149 RLC 14160 a
 1    of the continuance under supervision and as  part  of  or  in
 2    addition  to  any other condition of the supervision, require
 3    the minor to perform community service for not less  than  30
 4    hours,  provided  that  community service is available in the
 5    jurisdiction and is funded and approved by the  county  board
 6    of the county where the offense was committed.  The community
 7    service  shall  include,  but  need  not  be  limited to, the
 8    cleanup and  repair  of  any  damage  caused  by  an  alleged
 9    violation  of Section 21-1.3 of the Criminal Code of 1961 and
10    similar damage to property located  in  the  municipality  or
11    county   in  which  the  alleged  violation  occurred.   When
12    possible and  reasonable,  the  community  service  shall  be
13    performed  in  the minor's neighborhood.  For the purposes of
14    this Section, "organized gang" has the meaning ascribed to it
15    in Section 10 of the Illinois  Streetgang  Terrorism  Omnibus
16    Prevention Act.
17        (10)  The  court  shall  impose  upon  a  minor placed on
18    supervision, as a condition of the supervision, a fee of  $25
19    for  each  month  of supervision ordered by the court, unless
20    after determining  the  inability  of  the  minor  placed  on
21    supervision  to  pay  the  fee,  the  court assesses a lesser
22    amount.  The court may not impose the fee on a minor  who  is
23    made a ward of the State under this Act while the minor is in
24    placement.  The fee shall be imposed only upon a minor who is
25    actively  supervised  by  the  probation  and  court services
26    department.  A court may order the parent, guardian, or legal
27    custodian of the minor to pay some or all of the fee  on  the
28    minor's behalf.
29        (11)  If a minor is placed on supervision for a violation
30    of   subsection (b) of Section 1 of the Prevention of Tobacco
31    Use by Minors Act, the court may, in its discretion, and upon
32    recommendation by the State's Attorney, order that minor  and
33    his  or  her  parents or legal  guardian to attend a smoker's
34    education or youth diversion program as defined in  that  Act
 
                            -7-      LRB093 09149 RLC 14160 a
 1    if  that   program is available in the jurisdiction where the
 2    offender resides.  Attendance  at  a  smoker's  education  or
 3    youth  diversion  program  shall be time-credited against any
 4    community service time imposed for any   first  violation  of
 5    subsection  (b) of Section 1 of that Act.  In addition to any
 6    other penalty that the court may impose for  a  violation  of
 7    subsection  (b)  of  Section  1 of that Act, the  court, upon
 8    request by the State's  Attorney,  may,  in  its  discretion,
 9    require the offender to remit a fee for his or her attendance
10    at a smoker's education or  youth diversion program.
11        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
15    products  and  the  health  consequences  of  smoking tobacco
16    products that  can  be  conducted  with  a  locality's  youth
17    diversion program.
18        In  addition  to  any  other  penalty  that the court may
19    impose under this subsection (11):
20        (a)  If a minor violates subsection (b) of Section  1  of
21    the  Prevention  of  Tobacco Use by Minors Act, the court may
22    impose a sentence of 15 hours of community service or a  fine
23    of $25 for a first violation.
24        (b)  A  second  violation by a minor of subsection (b) of
25    Section 1 of that Act that occurs within 12 months after  the
26    first  violation  is punishable by a fine of $50 and 25 hours
27    of community service.
28        (c)  A third  or  subsequent  violation  by  a  minor  of
29    subsection (b) of Section 1 of that Act that occurs within 12
30    months after the first violation is punishable by a $100 fine
31    and 30 hours of community service.
32        (d)  Any  second  or  subsequent violation not within the
33    12-month time period after the first violation is  punishable
34    as provided for a first violation.
 
                            -8-      LRB093 09149 RLC 14160 a
 1    (Source:  P.A.  91-98;  eff.  1-1-00;  91-332,  eff. 7-29-99;
 2    92-16,  eff.  6-28-01;  92-282,  eff.  8-7-01;  92-454,  eff.
 3    1-1-02; 92-651, eff. 7-11-02.)

 4        (705 ILCS 405/5-710)
 5        Sec. 5-710.  Kinds of sentencing orders.
 6        (1)  The following kinds of sentencing orders may be made
 7    in respect of wards of the court:
 8             (a)  Except as provided in  Sections  5-805,  5-810,
 9        5-815,  a  minor  who is found guilty under Section 5-620
10        may be:
11                  (i)  put on probation or conditional  discharge
12             and  released  to  his  or  her parents, guardian or
13             legal custodian, provided, however,  that  any  such
14             minor  who  is  not  committed  to the Department of
15             Corrections, Juvenile Division under this subsection
16             and who is found to be a delinquent for  an  offense
17             which is first degree murder, a Class X felony, or a
18             forcible felony shall be placed on probation;
19                  (ii)  placed  in accordance with Section 5-740,
20             with or without  also  being  put  on  probation  or
21             conditional discharge;
22                  (iii)  required  to  undergo  a substance abuse
23             assessment conducted  by  a  licensed  provider  and
24             participate in the indicated clinical level of care;
25                  (iv)  placed   in   the   guardianship  of  the
26             Department of Children and Family Services, but only
27             if the delinquent minor is under 13 years of age;
28                  (v)  placed in detention for a  period  not  to
29             exceed  30  days,  either  as the exclusive order of
30             disposition or, where  appropriate,  in  conjunction
31             with  any  other  order  of disposition issued under
32             this paragraph, provided  that  any  such  detention
33             shall  be in a juvenile detention home and the minor
 
                            -9-      LRB093 09149 RLC 14160 a
 1             so detained shall be  10  years  of  age  or  older.
 2             However,  the  30-day  limitation may be extended by
 3             further order of the court for a minor under age  13
 4             committed  to  the Department of Children and Family
 5             Services if the court finds  that  the  minor  is  a
 6             danger  to  himself  or  others.  The minor shall be
 7             given credit on the sentencing  order  of  detention
 8             for  time  spent  in detention under Sections 5-501,
 9             5-601, 5-710, or 5-720 of this Article as  a  result
10             of  the  offense  for which the sentencing order was
11             imposed. The court may grant credit on a  sentencing
12             order  of  detention  entered  under  a violation of
13             probation  or  violation  of  conditional  discharge
14             under Section 5-720 of this Article for  time  spent
15             in  detention  before  the  filing  of  the petition
16             alleging  the  violation.   A  minor  shall  not  be
17             deprived of  credit  for  time  spent  in  detention
18             before  the  filing  of  a violation of probation or
19             conditional discharge alleging the same  or  related
20             act or acts;
21                  (vi)  ordered     partially    or    completely
22             emancipated in accordance with the provisions of the
23             Emancipation of Mature Minors Act;
24                  (vii)  subject to having his  or  her  driver's
25             license  or  driving  privileges  suspended for such
26             time as determined by the court but only until he or
27             she attains 18 years of age;
28                  (viii)  put   on   probation   or   conditional
29             discharge and  placed  in  detention  under  Section
30             3-6039  of  the  Counties  Code  for a period not to
31             exceed the period of incarceration permitted by  law
32             for  adults  found  guilty  of  the  same offense or
33             offenses  for  which  the  minor   was   adjudicated
34             delinquent,  and  in  any  event no longer than upon
 
                            -10-     LRB093 09149 RLC 14160 a
 1             attainment  of  age  21;  this  subdivision   (viii)
 2             notwithstanding  any  contrary provision of the law;
 3             or
 4                  (ix)  ordered to undergo  a  medical  or  other
 5             procedure to have a tattoo symbolizing allegiance to
 6             a street gang removed from his or her body.
 7             (b)  A  minor found to be guilty may be committed to
 8        the Department of Corrections, Juvenile  Division,  under
 9        Section  5-750  if the minor is 13 years of age or older,
10        provided  that  the  commitment  to  the  Department   of
11        Corrections,  Juvenile  Division, shall be made only if a
12        term of incarceration is  permitted  by  law  for  adults
13        found  guilty  of  the  offense  for  which the minor was
14        adjudicated delinquent.  The time during which a minor is
15        in custody before being released upon the  request  of  a
16        parent,  guardian  or legal custodian shall be considered
17        as time spent in detention.
18             (c)  When a minor is  found  to  be  guilty  for  an
19        offense  which  is a violation of the Illinois Controlled
20        Substances Act or the Cannabis Control Act   and  made  a
21        ward  of  the  court,  the  court may enter a disposition
22        order  requiring  the  minor   to   undergo   assessment,
23        counseling  or  treatment  in  a  substance abuse program
24        approved by the Department of Human Services.
25        (2)  Any sentencing order other than  commitment  to  the
26    Department of Corrections, Juvenile Division, may provide for
27    protective supervision under Section 5-725 and may include an
28    order of protection under Section 5-730.
29        (3)  Unless  the  sentencing order expressly so provides,
30    it does not operate  to  close  proceedings  on  the  pending
31    petition,  but is subject to modification until final closing
32    and discharge of the proceedings under Section 5-750.
33        (4)  In addition to any other  sentence,  the  court  may
34    order  any  minor found to be delinquent to make restitution,
 
                            -11-     LRB093 09149 RLC 14160 a
 1    in  monetary  or  non-monetary  form,  under  the  terms  and
 2    conditions  of  Section  5-5-6  of  the   Unified   Code   of
 3    Corrections, except that the "presentencing hearing" referred
 4    to  in  that  Section  shall  be  the  sentencing hearing for
 5    purposes of this Section.   The  parent,  guardian  or  legal
 6    custodian  of  the  minor  may be ordered by the court to pay
 7    some or  all  of  the  restitution  on  the  minor's  behalf,
 8    pursuant  to  the  Parental Responsibility Law.   The State's
 9    Attorney is authorized to act on  behalf  of  any  victim  in
10    seeking  restitution in proceedings under this Section, up to
11    the maximum amount allowed  in  Section  5  of  the  Parental
12    Responsibility Law.
13        (5)  Any sentencing order where the minor is committed or
14    placed in accordance with Section 5-740 shall provide for the
15    parents  or guardian of the estate of the minor to pay to the
16    legal custodian or guardian of the person of the  minor  such
17    sums  as  are  determined by the custodian or guardian of the
18    person of the minor as necessary for the minor's needs.   The
19    payments  may  not exceed the maximum amounts provided for by
20    Section 9.1 of the Children and Family Services Act.
21        (6)  Whenever the sentencing order requires the minor  to
22    attend  school  or  participate in a program of training, the
23    truant officer or designated school official shall  regularly
24    report  to  the  court  if the minor is a chronic or habitual
25    truant under Section 26-2a of the School Code.
26        (7)  In no event shall a guilty minor be committed to the
27    Department of Corrections, Juvenile Division for a period  of
28    time  in  excess  of  that period for which an adult could be
29    committed for the same act.
30        (8)  A minor found to be guilty for reasons that  include
31    a  violation  of  Section 21-1.3 of the Criminal Code of 1961
32    shall be ordered to perform community service  for  not  less
33    than  30 and not more than 120 hours, if community service is
34    available in the jurisdiction.  The community  service  shall
 
                            -12-     LRB093 09149 RLC 14160 a
 1    include,  but  need not be limited to, the cleanup and repair
 2    of the damage that was caused by  the  violation  or  similar
 3    damage  to  property located in the municipality or county in
 4    which the violation occurred.  The order may be  in  addition
 5    to any other order authorized by this Section.
 6        (8.5)  A  minor  found  to  be  guilty  for  reasons that
 7    include a violation of Section 3.02 or Section  3.03  of  the
 8    Humane  Care  for  Animals Act or paragraph (d) of subsection
 9    (1) of Section 21-1 of the Criminal Code  of  1961  shall  be
10    ordered  to undergo medical or psychiatric treatment rendered
11    by a psychiatrist or psychological treatment  rendered  by  a
12    clinical  psychologist.  The  order may be in addition to any
13    other order authorized by this Section.
14        (9)  In addition to any other sentencing order, the court
15    shall order any minor found to be guilty  for  an  act  which
16    would  constitute,  predatory  criminal  sexual  assault of a
17    child, aggravated criminal sexual  assault,  criminal  sexual
18    assault, aggravated criminal sexual abuse, or criminal sexual
19    abuse  if committed by an adult to undergo medical testing to
20    determine   whether   the   defendant   has   any    sexually
21    transmissible  disease  including  a  test for infection with
22    human immunodeficiency virus (HIV) or  any  other  identified
23    causative   agency   of  acquired  immunodeficiency  syndrome
24    (AIDS).   Any  medical  test  shall  be  performed  only   by
25    appropriately  licensed medical practitioners and may include
26    an analysis of any bodily fluids as well as an examination of
27    the minor's person. Except as otherwise provided by law,  the
28    results  of  the  test shall be kept strictly confidential by
29    all medical personnel involved in the  testing  and  must  be
30    personally delivered in a sealed envelope to the judge of the
31    court  in  which  the  sentencing  order  was entered for the
32    judge's inspection in camera.  Acting in accordance with  the
33    best  interests of the victim and the public, the judge shall
34    have the discretion to determine to whom the results  of  the
 
                            -13-     LRB093 09149 RLC 14160 a
 1    testing may be revealed.  The court shall notify the minor of
 2    the  results  of  the  test  for  infection  with  the  human
 3    immunodeficiency  virus  (HIV).   The court shall also notify
 4    the victim if requested by the victim, and if the  victim  is
 5    under  the age of 15 and if requested by the victim's parents
 6    or legal  guardian,  the  court  shall  notify  the  victim's
 7    parents or the legal guardian, of the results of the test for
 8    infection  with  the human immunodeficiency virus (HIV).  The
 9    court shall provide information on the  availability  of  HIV
10    testing  and  counseling  at  the Department of Public Health
11    facilities to all parties to whom the results of the  testing
12    are  revealed.   The  court  shall order that the cost of any
13    test shall be paid by the county and may be  taxed  as  costs
14    against the minor.
15        (10)  When  a  court finds a minor to be guilty the court
16    shall, before entering a sentencing order under this Section,
17    make a finding whether the offense committed either:  (a) was
18    related to or in furtherance of the criminal activities of an
19    organized gang or was motivated by the minor's membership  in
20    or  allegiance  to  an  organized  gang,  or  (b)  involved a
21    violation of subsection (a) of Section 12-7.1 of the Criminal
22    Code of 1961, a violation of any Section of Article 24 of the
23    Criminal Code of 1961,  or a violation of  any  statute  that
24    involved  the  wrongful  use  of  a  firearm.   If  the court
25    determines the question in the  affirmative,  and  the  court
26    does  not  commit the minor to the Department of Corrections,
27    Juvenile Division, the court shall order the minor to perform
28    community service for not less than 30 hours  nor  more  than
29    120  hours,  provided  that community service is available in
30    the jurisdiction and is funded and  approved  by  the  county
31    board  of  the  county  where the offense was committed.  The
32    community service shall include, but need not be limited  to,
33    the cleanup and repair of any damage caused by a violation of
34    Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
 
                            -14-     LRB093 09149 RLC 14160 a
 1    damage to property located in the municipality or  county  in
 2    which  the violation occurred.  When possible and reasonable,
 3    the community service  shall  be  performed  in  the  minor's
 4    neighborhood.   This  order shall be in addition to any other
 5    order authorized by this Section except for an order to place
 6    the minor in the custody of the  Department  of  Corrections,
 7    Juvenile   Division.   For  the  purposes  of  this  Section,
 8    "organized gang" has the meaning ascribed to it in Section 10
 9    of the Illinois Streetgang Terrorism Omnibus Prevention Act.
10        (11)  If a minor is found to be guilty of a violation of
11    subsection (b) of Section 1 of the Prevention of Tobacco  Use
12    by  Minors  Act,  the  court may, in its discretion, and upon
13    recommendation by the State's Attorney, order that minor  and
14    his  or  her  parents or legal  guardian to attend a smoker's
15    education or youth diversion program as defined in  that  Act
16    if  that   program is available in the jurisdiction where the
17    offender resides.  Attendance  at  a  smoker's  education  or
18    youth  diversion  program  shall be time-credited against any
19    community service time imposed for any   first  violation  of
20    subsection  (b) of Section 1 of that Act.  In addition to any
21    other penalty that the court may impose for  a  violation  of
22    subsection  (b)  of  Section  1 of that Act, the  court, upon
23    request by the State's  Attorney,  may,  in  its  discretion,
24    require the offender to remit a fee for his or her attendance
25    at a smoker's education or  youth diversion program.
26        For   purposes   of  this  Section,  "smoker's  education
27    program" or "youth diversion program" includes,  but  is  not
28    limited  to,  a  seminar  designed to educate a person on the
29    physical  and  psychological  effects  of   smoking   tobacco
30    products  and  the  health  consequences  of  smoking tobacco
31    products that  can  be  conducted  with  a  locality's  youth
32    diversion program.
33        In  addition  to  any  other  penalty  that the court may
34    impose under this subsection (11):
 
                            -15-     LRB093 09149 RLC 14160 a
 1        (a)  If a minor violates subsection (b) of Section  1  of
 2    the  Prevention  of  Tobacco Use by Minors Act, the court may
 3    impose a sentence of 15 hours of community service or a  fine
 4    of $25 for a first violation.
 5        (b)  A  second  violation by a minor of subsection (b) of
 6    Section 1 of that Act that occurs within 12 months after  the
 7    first  violation  is punishable by a fine of $50 and 25 hours
 8    of community service.
 9        (c)  A third  or  subsequent  violation  by  a  minor  of
10    subsection (b) of Section 1 of that Act that occurs within 12
11    months after the first violation is punishable by a $100 fine
12    and 30 hours of community service.
13        (d)  Any  second  or  subsequent violation not within the
14    12-month time period after the first violation is  punishable
15    as provided for a first violation.
16    (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02.)"; and

17        Section 10.  The Sale of Tobacco to Minors Act is amended
18    by  changing the title of the Act and Sections 0.01, 1, and 2
19    as follows:

20        (720 ILCS 675/Act title)
21        "An Act to prohibit minors from buying,  or  selling,  or
22    possessing  tobacco in any of its forms, to prohibit selling,
23    giving or furnishing tobacco, in any of its forms, to minors,
24    and providing penalties therefor.

25        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
26        Sec. 0.01.  Short title.  This Act may be  cited  as  the
27    Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
28    (Source: P.A. 86-1324.)

29        (720 ILCS 675/1) (from Ch. 23, par. 2357)
30        Sec.  1.   Sale  to  and  possession by minors of tobacco
 
                            -16-     LRB093 09149 RLC 14160 a
 1    prohibited.
 2        (a)  No minor under 18 years of age shall buy any  cigar,
 3    cigarette,  smokeless tobacco or tobacco in any of its forms.
 4    No person shall sell,  buy  for,  distribute  samples  of  or
 5    furnish any cigar, cigarette, smokeless tobacco or tobacco in
 6    any of its forms, to any minor under 18 years of age.
 7        (b)  No  minor  under  18  years of age shall possess any
 8    cigar, cigarette, smokeless tobacco, or tobacco in any of its
 9    forms.
10        (c)  For the purpose of this Section, "smokeless tobacco"
11    means any tobacco products that are suitable for  dipping  or
12    chewing.
13        (d)  Tobacco products listed in this Section above may be
14    sold   through  a  vending  machine  only  in  the  following
15    locations:
16             (1)  Factories, businesses, offices, private  clubs,
17        and other places not open to the general public.
18             (2)  Places  to  which  minors under 18 years of age
19        are not permitted access.
20             (3)  Places where alcoholic beverages are  sold  and
21        consumed on the premises.
22             (4)  Places  where  the vending machine is under the
23        direct supervision of the owner of the  establishment  or
24        an  employee  over  18 years of age.  The sale of tobacco
25        products from a vending machine under direct  supervision
26        of  the  owner  or  an  employee  of the establishment is
27        considered a sale of tobacco products by that person.  As
28        used in this subdivision, "direct supervision" means that
29        the owner or employee has an unimpeded line of  sight  to
30        the vending machine.
31             (5)  Places  where  the  vending machine can only be
32        operated by the owner or an employee over age  18  either
33        directly or through a remote control device if the device
34        is inaccessible to all customers.
 
                            -17-     LRB093 09149 RLC 14160 a
 1    (Source: P.A. 89-181, eff. 7-19-95.)

 2        (720 ILCS 675/2) (from Ch. 23, par. 2358)
 3        Sec.  2.   (a)  Any person who violates subsection (a) of
 4    Section 1 any provision of this Act  is  guilty  of  a  petty
 5    offense  and  for the first offense shall be fined $200, $400
 6    for the second offense in a 12-month period, and $600 for the
 7    third or any subsequent offense in a 12-month period.
 8        (b)  If a minor violates subsection (b) of Section 1, the
 9    court may impose a sentence of 15 hours of community  service
10    or a fine of $25 for a first violation.
11        (c)  A  second  violation by a minor of subsection (b) of
12    Section 1 that  occurs  within  12  months  after  the  first
13    violation  is  punishable  by  a  fine of $50 and 25 hours of
14    community service.
15        (d)  A third  or  subsequent  violation  by  a  minor  of
16    subsection  (b)  of  Section  1  that occurs within 12 months
17    after the first violation is punishable by a $100 fine and 30
18    hours of community service.
19        (e)  Any second or subsequent violation  not  within  the
20    12-month  time period after the first violation is punishable
21    as provided for a first violation.
22        (f)  If a minor is convicted of or placed on  supervision
23    for  a  violation  of  subsection (b) of Section 1, the court
24    may, in its discretion,  and  upon    recommendation  by  the
25    State's  Attorney, order that minor and his or her parents or
26    legal  guardian to  attend  a  smoker's  education  or  youth
27    diversion  program  if  that    program  is  available in the
28    jurisdiction where the  offender  resides.  Attendance  at  a
29    smoker's  education  or  youth  diversion  program  shall  be
30    time-credited  against any community service time imposed for
31    any first violation of  subsection  (b)  of  Section  1.   In
32    addition to any other penalty that the court may impose for a
33    violation  of  subsection  (b)  of Section 1, the court, upon
 
                            -18-     LRB093 09149 RLC 14160 a
 1    request by the State's  Attorney,  may,  in  its  discretion,
 2    require the offender to remit a fee for his or her attendance
 3    at a smoker's education or  youth diversion program.
 4        (g)  For  purposes  of  this Section, "smoker's education
 5    program" or  "youth diversion program" includes, but  is  not
 6    limited  to,  a  seminar  designed to educate a person on the
 7    physical  and  psychological  effects  of   smoking   tobacco
 8    products  and  the  health  consequences  of  smoking tobacco
 9    products that  can  be  conducted  with  a  locality's  youth
10    diversion program.
11        (h)  All  moneys  collected  as  fines  for violations of
12    subsection (a) of Section  1  shall  be  distributed  in  the
13    following manner:
14             (1)  one-half  of  each fine shall be distributed to
15        the  unit  of  local  government  or  other  entity  that
16        successfully prosecuted the offender;  and
17             (2) one-half shall be remitted to the  State  to  be
18        used  for  enforcing  this    Act.  One-half of each fine
19        collected under this Section shall be distributed to  the
20        unit   of   local   government   or   other  entity  that
21        successfully prosecuted the offender and  one-half  shall
22        be  remitted  to  the State to be used for enforcing this
23        Act.
24    (Source: P.A. 88-418.)".