093_HB1548eng

 
HB1548 Engrossed                     LRB093 09149 MBS 09381 b

 1        AN ACT concerning minors.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

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

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

28        (705 ILCS 405/5-710)
29        Sec. 5-710.  Kinds of sentencing orders.
30        (1)  The following kinds of sentencing orders may be made
31    in respect of wards of the court:
32             (a)  Except as provided in  Sections  5-805,  5-810,
33        5-815,  a  minor  who is found guilty under Section 5-620
 
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 1        may be:
 2                  (i)  put on probation or conditional  discharge
 3             and  released  to  his  or  her parents, guardian or
 4             legal custodian, provided, however,  that  any  such
 5             minor  who  is  not  committed  to the Department of
 6             Corrections, Juvenile Division under this subsection
 7             and who is found to be a delinquent for  an  offense
 8             which is first degree murder, a Class X felony, or a
 9             forcible felony shall be placed on probation;
10                  (ii)  placed  in accordance with Section 5-740,
11             with or without  also  being  put  on  probation  or
12             conditional discharge;
13                  (iii)  required  to  undergo  a substance abuse
14             assessment conducted  by  a  licensed  provider  and
15             participate in the indicated clinical level of care;
16                  (iv)  placed   in   the   guardianship  of  the
17             Department of Children and Family Services, but only
18             if the delinquent minor is under 13 years of age;
19                  (v)  placed in detention for a  period  not  to
20             exceed  30  days,  either  as the exclusive order of
21             disposition or, where  appropriate,  in  conjunction
22             with  any  other  order  of disposition issued under
23             this paragraph, provided  that  any  such  detention
24             shall  be in a juvenile detention home and the minor
25             so detained shall be  10  years  of  age  or  older.
26             However,  the  30-day  limitation may be extended by
27             further order of the court for a minor under age  13
28             committed  to  the Department of Children and Family
29             Services if the court finds  that  the  minor  is  a
30             danger  to  himself  or  others.  The minor shall be
31             given credit on the sentencing  order  of  detention
32             for  time  spent  in detention under Sections 5-501,
33             5-601, 5-710, or 5-720 of this Article as  a  result
34             of  the  offense  for which the sentencing order was
 
HB1548 Engrossed            -9-      LRB093 09149 MBS 09381 b
 1             imposed. The court may grant credit on a  sentencing
 2             order  of  detention  entered  under  a violation of
 3             probation  or  violation  of  conditional  discharge
 4             under Section 5-720 of this Article for  time  spent
 5             in  detention  before  the  filing  of  the petition
 6             alleging  the  violation.   A  minor  shall  not  be
 7             deprived of  credit  for  time  spent  in  detention
 8             before  the  filing  of  a violation of probation or
 9             conditional discharge alleging the same  or  related
10             act or acts;
11                  (vi)  ordered     partially    or    completely
12             emancipated in accordance with the provisions of the
13             Emancipation of Mature Minors Act;
14                  (vii)  subject to having his  or  her  driver's
15             license  or  driving  privileges  suspended for such
16             time as determined by the court but only until he or
17             she attains 18 years of age;
18                  (viii)  put   on   probation   or   conditional
19             discharge and  placed  in  detention  under  Section
20             3-6039  of  the  Counties  Code  for a period not to
21             exceed the period of incarceration permitted by  law
22             for  adults  found  guilty  of  the  same offense or
23             offenses  for  which  the  minor   was   adjudicated
24             delinquent,  and  in  any  event no longer than upon
25             attainment  of  age  21;  this  subdivision   (viii)
26             notwithstanding  any  contrary provision of the law;
27             or
28                  (ix)  ordered to undergo  a  medical  or  other
29             procedure to have a tattoo symbolizing allegiance to
30             a street gang removed from his or her body.
31             (b)  A  minor found to be guilty may be committed to
32        the Department of Corrections, Juvenile  Division,  under
33        Section  5-750  if the minor is 13 years of age or older,
34        provided  that  the  commitment  to  the  Department   of
 
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 1        Corrections,  Juvenile  Division, shall be made only if a
 2        term of incarceration is  permitted  by  law  for  adults
 3        found  guilty  of  the  offense  for  which the minor was
 4        adjudicated delinquent.  The time during which a minor is
 5        in custody before being released upon the  request  of  a
 6        parent,  guardian  or legal custodian shall be considered
 7        as time spent in detention.
 8             (c)  When a minor is  found  to  be  guilty  for  an
 9        offense  which  is a violation of the Illinois Controlled
10        Substances Act or the Cannabis Control Act   and  made  a
11        ward  of  the  court,  the  court may enter a disposition
12        order  requiring  the  minor   to   undergo   assessment,
13        counseling  or  treatment  in  a  substance abuse program
14        approved by the Department of Human Services.
15        (2)  Any sentencing order other than  commitment  to  the
16    Department of Corrections, Juvenile Division, may provide for
17    protective supervision under Section 5-725 and may include an
18    order of protection under Section 5-730.
19        (3)  Unless  the  sentencing order expressly so provides,
20    it does not operate  to  close  proceedings  on  the  pending
21    petition,  but is subject to modification until final closing
22    and discharge of the proceedings under Section 5-750.
23        (4)  In addition to any other  sentence,  the  court  may
24    order  any  minor found to be delinquent to make restitution,
25    in  monetary  or  non-monetary  form,  under  the  terms  and
26    conditions  of  Section  5-5-6  of  the   Unified   Code   of
27    Corrections, except that the "presentencing hearing" referred
28    to  in  that  Section  shall  be  the  sentencing hearing for
29    purposes of this Section.   The  parent,  guardian  or  legal
30    custodian  of  the  minor  may be ordered by the court to pay
31    some or  all  of  the  restitution  on  the  minor's  behalf,
32    pursuant  to  the  Parental Responsibility Law.   The State's
33    Attorney is authorized to act on  behalf  of  any  victim  in
34    seeking  restitution in proceedings under this Section, up to
 
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 1    the maximum amount allowed  in  Section  5  of  the  Parental
 2    Responsibility Law.
 3        (5)  Any sentencing order where the minor is committed or
 4    placed in accordance with Section 5-740 shall provide for the
 5    parents  or guardian of the estate of the minor to pay to the
 6    legal custodian or guardian of the person of the  minor  such
 7    sums  as  are  determined by the custodian or guardian of the
 8    person of the minor as necessary for the minor's needs.   The
 9    payments  may  not exceed the maximum amounts provided for by
10    Section 9.1 of the Children and Family Services Act.
11        (6)  Whenever the sentencing order requires the minor  to
12    attend  school  or  participate in a program of training, the
13    truant officer or designated school official shall  regularly
14    report  to  the  court  if the minor is a chronic or habitual
15    truant under Section 26-2a of the School Code.
16        (7)  In no event shall a guilty minor be committed to the
17    Department of Corrections, Juvenile Division for a period  of
18    time  in  excess  of  that period for which an adult could be
19    committed for the same act.
20        (8)  A minor found to be guilty for reasons that  include
21    a  violation  of  Section 21-1.3 of the Criminal Code of 1961
22    shall be ordered to perform community service  for  not  less
23    than  30 and not more than 120 hours, if community service is
24    available in the jurisdiction.  The community  service  shall
25    include,  but  need not be limited to, the cleanup and repair
26    of the damage that was caused by  the  violation  or  similar
27    damage  to  property located in the municipality or county in
28    which the violation occurred.  The order may be  in  addition
29    to any other order authorized by this Section.
30        (8.5)  A  minor  found  to  be  guilty  for  reasons that
31    include a violation of Section 3.02 or Section  3.03  of  the
32    Humane  Care  for  Animals Act or paragraph (d) of subsection
33    (1) of Section 21-1 of the Criminal Code  of  1961  shall  be
34    ordered  to undergo medical or psychiatric treatment rendered
 
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 1    by a psychiatrist or psychological treatment  rendered  by  a
 2    clinical  psychologist.  The  order may be in addition to any
 3    other order authorized by this Section.
 4        (9)  In addition to any other sentencing order, the court
 5    shall order any minor found to be guilty  for  an  act  which
 6    would  constitute,  predatory  criminal  sexual  assault of a
 7    child, aggravated criminal sexual  assault,  criminal  sexual
 8    assault, aggravated criminal sexual abuse, or criminal sexual
 9    abuse  if committed by an adult to undergo medical testing to
10    determine   whether   the   defendant   has   any    sexually
11    transmissible  disease  including  a  test for infection with
12    human immunodeficiency virus (HIV) or  any  other  identified
13    causative   agency   of  acquired  immunodeficiency  syndrome
14    (AIDS).   Any  medical  test  shall  be  performed  only   by
15    appropriately  licensed medical practitioners and may include
16    an analysis of any bodily fluids as well as an examination of
17    the minor's person. Except as otherwise provided by law,  the
18    results  of  the  test shall be kept strictly confidential by
19    all medical personnel involved in the  testing  and  must  be
20    personally delivered in a sealed envelope to the judge of the
21    court  in  which  the  sentencing  order  was entered for the
22    judge's inspection in camera.  Acting in accordance with  the
23    best  interests of the victim and the public, the judge shall
24    have the discretion to determine to whom the results  of  the
25    testing may be revealed.  The court shall notify the minor of
26    the  results  of  the  test  for  infection  with  the  human
27    immunodeficiency  virus  (HIV).   The court shall also notify
28    the victim if requested by the victim, and if the  victim  is
29    under  the age of 15 and if requested by the victim's parents
30    or legal  guardian,  the  court  shall  notify  the  victim's
31    parents or the legal guardian, of the results of the test for
32    infection  with  the human immunodeficiency virus (HIV).  The
33    court shall provide information on the  availability  of  HIV
34    testing  and  counseling  at  the Department of Public Health
 
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 1    facilities to all parties to whom the results of the  testing
 2    are  revealed.   The  court  shall order that the cost of any
 3    test shall be paid by the county and may be  taxed  as  costs
 4    against the minor.
 5        (10)  When  a  court finds a minor to be guilty the court
 6    shall, before entering a sentencing order under this Section,
 7    make a finding whether the offense committed either:  (a) was
 8    related to or in furtherance of the criminal activities of an
 9    organized gang or was motivated by the minor's membership  in
10    or  allegiance  to  an  organized  gang,  or  (b)  involved a
11    violation of subsection (a) of Section 12-7.1 of the Criminal
12    Code of 1961, a violation of any Section of Article 24 of the
13    Criminal Code of 1961,  or a violation of  any  statute  that
14    involved  the  wrongful  use  of  a  firearm.   If  the court
15    determines the question in the  affirmative,  and  the  court
16    does  not  commit the minor to the Department of Corrections,
17    Juvenile Division, the court shall order the minor to perform
18    community service for not less than 30 hours  nor  more  than
19    120  hours,  provided  that community service is available in
20    the jurisdiction and is funded and  approved  by  the  county
21    board  of  the  county  where the offense was committed.  The
22    community service shall include, but need not be limited  to,
23    the cleanup and repair of any damage caused by a violation of
24    Section  21-1.3  of  the  Criminal  Code  of 1961 and similar
25    damage to property located in the municipality or  county  in
26    which  the violation occurred.  When possible and reasonable,
27    the community service  shall  be  performed  in  the  minor's
28    neighborhood.   This  order shall be in addition to any other
29    order authorized by this Section except for an order to place
30    the minor in the custody of the  Department  of  Corrections,
31    Juvenile   Division.   For  the  purposes  of  this  Section,
32    "organized gang" has the meaning ascribed to it in Section 10
33    of the Illinois Streetgang Terrorism Omnibus Prevention Act.
34        (11)  If a minor is found to be guilty of a violation  of
 
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 1    subsection  (b) of Section 1 of the Prevention of Tobacco Use
 2    by Minors Act, the court may, in  its  discretion,  and  upon
 3    recommendation  by the State's Attorney, order that minor and
 4    his or her parents or legal  guardian to  attend  a  smoker's
 5    education  or  youth diversion program as defined in that Act
 6    if that  program is available in the jurisdiction  where  the
 7    offender  resides.    Attendance  at  a smoker's education or
 8    youth diversion program  shall be time-credited  against  any
 9    community  service  time  imposed for any  first violation of
10    subsection (b) of Section 1 of that Act.  In addition to  any
11    other  penalty  that  the court may impose for a violation of
12    subsection (b) of Section 1 of that Act,  the    court,  upon
13    request  by  the  State's  Attorney,  may, in its discretion,
14    require the offender to remit a fee for his or her attendance
15    at a smoker's education or  youth diversion program.
16        For  purposes  of  this  Section,   "smoker's   education
17    program"  or  "youth  diversion program" includes, but is not
18    limited to, a seminar designed to educate  a  person  on  the
19    physical   and   psychological  effects  of  smoking  tobacco
20    products and  the  health  consequences  of  smoking  tobacco
21    products  that  can  be  conducted  with  a  locality's youth
22    diversion program.
23        In addition to any  other  penalty  that  the  court  may
24    impose under this subsection (11):
25        (a)  If  a  minor violates subsection (b) of Section 1 of
26    the Prevention of Tobacco Use by Minors Act,  the  court  may
27    impose  a sentence of 15 hours of community service or a fine
28    of $25 for a first violation.
29        (b)  A second violation by a minor of subsection  (b)  of
30    Section  1 of that Act that occurs within 12 months after the
31    first violation is punishable by a fine of $50 and  25  hours
32    of community service.
33        (c)  A  third  or  subsequent  violation  by  a  minor of
34    subsection (b) of Section 1 of that Act that occurs within 12
 
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 1    months after the first violation is punishable by a $100 fine
 2    and 30 hours of community service.
 3        (d)  Any second or subsequent violation  not  within  the
 4    12-month  time period after the first violation is punishable
 5    as provided for a first violation.
 6    (Source: P.A. 91-98, eff. 1-1-00; 92-454, eff. 1-1-02.)

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

10        (720 ILCS 675/Act title)
11        "An  Act  to  prohibit minors from buying, or selling, or
12    possessing tobacco in any of its forms, to prohibit  selling,
13    giving or furnishing tobacco, in any of its forms, to minors,
14    and providing penalties therefor.

15        (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
16        Sec.  0.01.   Short  title.  This Act may be cited as the
17    Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
18    (Source: P.A. 86-1324.)

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

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