95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4477

 

Introduced , by Rep. Ronald A. Wait

 

SYNOPSIS AS INTRODUCED:
 
235 ILCS 5/6-16.1
705 ILCS 405/5-615
705 ILCS 405/5-710
720 ILCS 675/Act title
720 ILCS 675/0.01   from Ch. 23, par. 2356.9
720 ILCS 675/1   from Ch. 23, par. 2357
720 ILCS 675/2   from Ch. 23, par. 2358
720 ILCS 677/15

    Amends the Juvenile Court Act of 1987. Provides that, if a minor violates the provisions prohibiting minors from possessing any cigars, cigarettes, smokeless tobacco, or tobacco in any of its forms, the court may in its discretion, and upon recommendation by the State's Attorney, order the 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. Provides that attendance at a smoker's education or youth diversion program shall be time-credited against any community service time imposed for a violation of the provision prohibiting tobacco possession by a minor. Imposes several penalties for a violation of the provision prohibiting tobacco possession by a minor. Amends the Sale of Tobacco to Minors Act. Changes the short title of the Act to the Prevention of Tobacco Use by Minors Act. Prohibits the possession of tobacco by minors and makes violation a petty offense. Amends other Acts to change references to the short title of the Prevention of Tobacco Use by Minors Act. Makes other changes. Effective immediately.


LRB095 18625 RLC 44711 b

 

 

A BILL FOR

 

HB4477 LRB095 18625 RLC 44711 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 Liquor Control Act of 1934 is amended by
5 changing Section 6-16.1 as follows:
 
6     (235 ILCS 5/6-16.1)
7     Sec. 6-16.1. Enforcement actions.
8     (a) A licensee or an officer, associate, member,
9 representative, agent, or employee of a licensee may sell,
10 give, or deliver alcoholic liquor to a person under the age of
11 21 years or authorize the sale, gift, or delivery of alcoholic
12 liquor to a person under the age of 21 years pursuant to a plan
13 or action to investigate, patrol, or otherwise conduct a "sting
14 operation" or enforcement action against a person employed by
15 the licensee or on any licensed premises if the licensee or
16 officer, associate, member, representative, agent, or employee
17 of the licensee provides written notice, at least 14 days
18 before the "sting operation" or enforcement action, unless
19 governing body of the municipality or county having
20 jurisdiction sets a shorter period by ordinance, to the law
21 enforcement agency having jurisdiction, the local liquor
22 control commissioner, or both. Notice provided under this
23 Section shall be valid for a "sting operation" or enforcement

 

 

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1 action conducted within 60 days of the provision of that
2 notice, unless the governing body of the municipality or county
3 having jurisdiction sets a shorter period by ordinance.
4     (b) A local liquor control commission or unit of local
5 government that conducts alcohol and tobacco compliance
6 operations shall establish a policy and standards for alcohol
7 and tobacco compliance operations to investigate whether a
8 licensee is furnishing (1) alcoholic liquor to persons under 21
9 years of age in violation of this Act or (2) tobacco to persons
10 in violation of the Prevention of Tobacco Use by Sale of
11 Tobacco to Minors Act.
12     (c) The Illinois Law Enforcement Training Standards Board
13 shall develop a model policy and guidelines for the operation
14 of alcohol and tobacco compliance checks by local law
15 enforcement officers. The Illinois Law Enforcement Training
16 Standards Board shall also require the supervising officers of
17 such compliance checks to have met a minimum training standard
18 as determined by the Board. The Board shall have the right to
19 waive any training based on current written policies and
20 procedures for alcohol and tobacco compliance check operations
21 and in-service training already administered by the local law
22 enforcement agency, department, or office.
23     (d) The provisions of subsections (b) and (c) do not apply
24 to a home rule unit with more than 2,000,000 inhabitants.
25     (e) A home rule unit, other than a home rule unit with more
26 than 2,000,000 inhabitants, may not regulate enforcement

 

 

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1 actions in a manner inconsistent with the regulation of
2 enforcement actions under this Section. This subsection (e) is
3 a limitation under subsection (i) of Section 6 of Article VII
4 of the Illinois Constitution on the concurrent exercise by home
5 rule units of powers and functions exercised by the State.
6     (f) A licensee who is the subject of an enforcement action
7 or "sting operation" under this Section and is found, pursuant
8 to the enforcement action, to be in compliance with this Act
9 shall be notified by the enforcement agency action that no
10 violation was found within 30 days after the finding.
11 (Source: P.A. 92-503, eff. 1-1-02; 93-1057, eff. 12-2-04.)
 
12     Section 10. The Juvenile Court Act of 1987 is amended by
13 changing Sections 5-615 and 5-710 as follows:
 
14     (705 ILCS 405/5-615)
15     Sec. 5-615. Continuance under supervision.
16     (1) The court may enter an order of continuance under
17 supervision for an offense other than first degree murder, a
18 Class X felony or a forcible felony (a) upon an admission or
19 stipulation by the appropriate respondent or minor respondent
20 of the facts supporting the petition and before proceeding to
21 adjudication, or after hearing the evidence at the trial, and
22 (b) in the absence of objection made in open court by the
23 minor, his or her parent, guardian, or legal custodian, the
24 minor's attorney or the State's Attorney.

 

 

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1     (2) If the minor, his or her parent, guardian, or legal
2 custodian, the minor's attorney or State's Attorney objects in
3 open court to any continuance and insists upon proceeding to
4 findings and adjudication, the court shall so proceed.
5     (3) Nothing in this Section limits the power of the court
6 to order a continuance of the hearing for the production of
7 additional evidence or for any other proper reason.
8     (4) When a hearing where a minor is alleged to be a
9 delinquent is continued pursuant to this Section, the period of
10 continuance under supervision may not exceed 24 months. The
11 court may terminate a continuance under supervision at any time
12 if warranted by the conduct of the minor and the ends of
13 justice.
14     (5) When a hearing where a minor is alleged to be
15 delinquent is continued pursuant to this Section, the court
16 may, as conditions of the continuance under supervision,
17 require the minor to do any of the following:
18         (a) not violate any criminal statute of any
19     jurisdiction;
20         (b) make a report to and appear in person before any
21     person or agency as directed by the court;
22         (c) work or pursue a course of study or vocational
23     training;
24         (d) undergo medical or psychotherapeutic treatment
25     rendered by a therapist licensed under the provisions of
26     the Medical Practice Act of 1987, the Clinical Psychologist

 

 

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1     Licensing Act, or the Clinical Social Work and Social Work
2     Practice Act, or an entity licensed by the Department of
3     Human Services as a successor to the Department of
4     Alcoholism and Substance Abuse, for the provision of drug
5     addiction and alcoholism treatment;
6         (e) attend or reside in a facility established for the
7     instruction or residence of persons on probation;
8         (f) support his or her dependents, if any;
9         (g) pay costs;
10         (h) refrain from possessing a firearm or other
11     dangerous weapon, or an automobile;
12         (i) permit the probation officer to visit him or her at
13     his or her home or elsewhere;
14         (j) reside with his or her parents or in a foster home;
15         (k) attend school;
16         (k-5) with the consent of the superintendent of the
17     facility, attend an educational program at a facility other
18     than the school in which the offense was committed if he or
19     she committed a crime of violence as defined in Section 2
20     of the Crime Victims Compensation Act in a school, on the
21     real property comprising a school, or within 1,000 feet of
22     the real property comprising a school;
23         (l) attend a non-residential program for youth;
24         (m) contribute to his or her own support at home or in
25     a foster home;
26         (n) perform some reasonable public or community

 

 

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1     service;
2         (o) make restitution to the victim, in the same manner
3     and under the same conditions as provided in subsection (4)
4     of Section 5-710, except that the "sentencing hearing"
5     referred to in that Section shall be the adjudicatory
6     hearing for purposes of this Section;
7         (p) comply with curfew requirements as designated by
8     the court;
9         (q) refrain from entering into a designated geographic
10     area except upon terms as the court finds appropriate. The
11     terms may include consideration of the purpose of the
12     entry, the time of day, other persons accompanying the
13     minor, and advance approval by a probation officer;
14         (r) refrain from having any contact, directly or
15     indirectly, with certain specified persons or particular
16     types of persons, including but not limited to members of
17     street gangs and drug users or dealers;
18         (r-5) undergo a medical or other procedure to have a
19     tattoo symbolizing allegiance to a street gang removed from
20     his or her body;
21         (s) refrain from having in his or her body the presence
22     of any illicit drug prohibited by the Cannabis Control Act,
23     the Illinois Controlled Substances Act, or the
24     Methamphetamine Control and Community Protection Act,
25     unless prescribed by a physician, and submit samples of his
26     or her blood or urine or both for tests to determine the

 

 

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1     presence of any illicit drug; or
2         (t) comply with any other conditions as may be ordered
3     by the court.
4     (6) A minor whose case is continued under supervision under
5 subsection (5) shall be given a certificate setting forth the
6 conditions imposed by the court. Those conditions may be
7 reduced, enlarged, or modified by the court on motion of the
8 probation officer or on its own motion, or that of the State's
9 Attorney, or, at the request of the minor after notice and
10 hearing.
11     (7) If a petition is filed charging a violation of a
12 condition of the continuance under supervision, the court shall
13 conduct a hearing. If the court finds that a condition of
14 supervision has not been fulfilled, the court may proceed to
15 findings and adjudication and disposition. The filing of a
16 petition for violation of a condition of the continuance under
17 supervision shall toll the period of continuance under
18 supervision until the final determination of the charge, and
19 the term of the continuance under supervision shall not run
20 until the hearing and disposition of the petition for
21 violation; provided where the petition alleges conduct that
22 does not constitute a criminal offense, the hearing must be
23 held within 30 days of the filing of the petition unless a
24 delay shall continue the tolling of the period of continuance
25 under supervision for the period of the delay.
26     (8) When a hearing in which a minor is alleged to be a

 

 

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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 the
10 municipality or county in which the alleged violation occurred.
11 The condition may be in addition to any other condition.
12     (8.5) When a hearing in which a minor is alleged to be a
13 delinquent for reasons that include a violation of Section 3.02
14 or Section 3.03 of the Humane Care for Animals Act or paragraph
15 (d) of subsection (1) of Section 21-1 of the Criminal Code of
16 1961 is continued under this Section, the court shall, as a
17 condition of the continuance under supervision, require the
18 minor to undergo medical or psychiatric treatment rendered by a
19 psychiatrist or psychological treatment rendered by a clinical
20 psychologist. The condition may be in addition to any other
21 condition.
22     (9) When a hearing in which a minor is alleged to be a
23 delinquent is continued under this Section, the court, before
24 continuing the case, shall make a finding whether the offense
25 alleged to have been committed either: (i) was related to or in
26 furtherance of the activities of an organized gang or was

 

 

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1 motivated by the minor's membership in or allegiance to an
2 organized gang, or (ii) is a violation of paragraph (13) of
3 subsection (a) of Section 12-2 of the Criminal Code of 1961, a
4 violation of any Section of Article 24 of the Criminal Code of
5 1961, or a violation of any statute that involved the unlawful
6 use of a firearm. If the court determines the question in the
7 affirmative the court shall, as a condition of the continuance
8 under supervision and as part of or in addition to any other
9 condition of the supervision, require the minor to perform
10 community service for not less than 30 hours, provided that
11 community service is available in the jurisdiction and is
12 funded and approved by the county board of the county where the
13 offense was committed. The community service shall include, but
14 need not be limited to, the cleanup and repair of any damage
15 caused by an alleged violation of Section 21-1.3 of the
16 Criminal Code of 1961 and similar damage to property located in
17 the municipality or county in which the alleged violation
18 occurred. When possible and reasonable, the community service
19 shall be performed in the minor's neighborhood. For the
20 purposes of this Section, "organized gang" has the meaning
21 ascribed to it in Section 10 of the Illinois Streetgang
22 Terrorism Omnibus Prevention Act.
23     (10) The court shall impose upon a minor placed on
24 supervision, as a condition of the supervision, a fee of $25
25 for each month of supervision ordered by the court, unless
26 after determining the inability of the minor placed on

 

 

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1 supervision to pay the fee, the court assesses a lesser amount.
2 The court may not impose the fee on a minor who is made a ward
3 of the State under this Act while the minor is in placement.
4 The fee shall be imposed only upon a minor who is actively
5 supervised by the probation and court services department. A
6 court may order the parent, guardian, or legal custodian of the
7 minor to pay some or all of the fee on the minor's behalf.
8     (11) If a minor is placed on supervision for a violation of
9 subsection (b) of Section 1 of the Prevention of Tobacco Use by
10 Minors Act, the court may, in its discretion, and upon
11 recommendation by the State's Attorney, order that minor and
12 his or her parents or legal guardian to attend a smoker's
13 education or youth diversion program as defined in that Act if
14 that program is available in the jurisdiction where the
15 offender resides. Attendance at a smoker's education or youth
16 diversion program shall be time-credited against any community
17 service time imposed for any first violation of subsection (b)
18 of Section 1 of that Act. In addition to any other penalty that
19 the court may impose for a violation of subsection (b) of
20 Section 1 of that Act, the court, upon request by the State's
21 Attorney, may in its discretion require the offender to remit a
22 fee for his or her attendance at a smoker's education or youth
23 diversion program.
24     For purposes of this Section, "smoker's education program"
25 or "youth diversion program" includes, but is not limited to, a
26 seminar designed to educate a person on the physical and

 

 

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1 psychological effects of smoking tobacco products and the
2 health consequences of smoking tobacco products that can be
3 conducted with a locality's youth diversion program.
4     In addition to any other penalty that the court may impose
5 under this subsection (11):
6     (a) If a minor violates subsection (b) of Section 1 of the
7 Prevention of Tobacco Use by Minors Act, the court may impose a
8 sentence of 15 hours of community service or a fine of $25 for
9 a first violation.
10     (b) A second violation by a minor of subsection (b) of
11 Section 1 of that Act that occurs within 12 months after the
12 first violation is punishable by a fine of $50 and 25 hours of
13 community service.
14     (c) A third or subsequent violation by a minor of
15 subsection (b) of Section 1 of that Act that occurs within 12
16 months after the first violation is punishable by a $100 fine
17 and 30 hours of community service.
18     (d) 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 (Source: P.A. eff. 1-1-00; 94-556, eff. 9-11-05.)
 
22     (705 ILCS 405/5-710)
23     (Text of Section before amendment by P.A. 95-337 and
24 95-642)
25     Sec. 5-710. Kinds of sentencing orders.

 

 

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1     (1) The following kinds of sentencing orders may be made in
2 respect of wards of the court:
3         (a) Except as provided in Sections 5-805, 5-810, 5-815,
4     a minor who is found guilty under Section 5-620 may be:
5             (i) put on probation or conditional discharge and
6         released to his or her parents, guardian or legal
7         custodian, provided, however, that any such minor who
8         is not committed to the Department of Juvenile Justice
9         under this subsection and who is found to be a
10         delinquent for an offense which is first degree murder,
11         a Class X felony, or a forcible felony shall be placed
12         on probation;
13             (ii) placed in accordance with Section 5-740, with
14         or without also being put on probation or conditional
15         discharge;
16             (iii) required to undergo a substance abuse
17         assessment conducted by a licensed provider and
18         participate in the indicated clinical level of care;
19             (iv) placed in the guardianship of the Department
20         of Children and Family Services, but only if the
21         delinquent minor is under 13 years of age;
22             (v) placed in detention for a period not to exceed
23         30 days, either as the exclusive order of disposition
24         or, where appropriate, in conjunction with any other
25         order of disposition issued under this paragraph,
26         provided that any such detention shall be in a juvenile

 

 

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1         detention home and the minor so detained shall be 10
2         years of age or older. However, the 30-day limitation
3         may be extended by further order of the court for a
4         minor under age 13 committed to the Department of
5         Children and Family Services if the court finds that
6         the minor is a danger to himself or others. The minor
7         shall be given credit on the sentencing order of
8         detention for time spent in detention under Sections
9         5-501, 5-601, 5-710, or 5-720 of this Article as a
10         result of the offense for which the sentencing order
11         was 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 under
14         Section 5-720 of this Article for time spent in
15         detention before the filing of the petition alleging
16         the violation. A minor shall not be deprived of credit
17         for time spent in detention before the filing of a
18         violation of probation or conditional discharge
19         alleging the same or related act or acts;
20             (vi) ordered partially or completely emancipated
21         in accordance with the provisions of the Emancipation
22         of Minors Act;
23             (vii) subject to having his or her driver's license
24         or driving privileges suspended for such time as
25         determined by the court but only until he or she
26         attains 18 years of age;

 

 

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1             (viii) put on probation or conditional discharge
2         and placed in detention under Section 3-6039 of the
3         Counties Code for a period not to exceed the period of
4         incarceration permitted by law for adults found guilty
5         of the same offense or offenses for which the minor was
6         adjudicated delinquent, and in any event no longer than
7         upon attainment of age 21; this subdivision (viii)
8         notwithstanding any contrary provision of the law; or
9             (ix) ordered to undergo a medical or other
10         procedure to have a tattoo symbolizing allegiance to a
11         street gang removed from his or her body.
12         (b) A minor found to be guilty may be committed to the
13     Department of Juvenile Justice under Section 5-750 if the
14     minor is 13 years of age or older, provided that the
15     commitment to the Department of Juvenile Justice shall be
16     made only if a term of incarceration is permitted by law
17     for adults found guilty of the offense for which the minor
18     was adjudicated delinquent. The time during which a minor
19     is in custody before being released upon the request of a
20     parent, guardian or legal custodian shall be considered as
21     time spent in detention.
22         (c) When a minor is found to be guilty for an offense
23     which is a violation of the Illinois Controlled Substances
24     Act, the Cannabis Control Act, or the Methamphetamine
25     Control and Community Protection Act and made a ward of the
26     court, the court may enter a disposition order requiring

 

 

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1     the minor to undergo assessment, counseling or treatment in
2     a substance abuse program approved by the Department of
3     Human Services.
4     (2) Any sentencing order other than commitment to the
5 Department of Juvenile Justice may provide for protective
6 supervision under Section 5-725 and may include an order of
7 protection under Section 5-730.
8     (3) Unless the sentencing order expressly so provides, it
9 does not operate to close proceedings on the pending petition,
10 but is subject to modification until final closing and
11 discharge of the proceedings under Section 5-750.
12     (4) In addition to any other sentence, the court may order
13 any minor found to be delinquent to make restitution, in
14 monetary or non-monetary form, under the terms and conditions
15 of Section 5-5-6 of the Unified Code of Corrections, except
16 that the "presentencing hearing" referred to in that Section
17 shall be the sentencing hearing for purposes of this Section.
18 The parent, guardian or legal custodian of the minor may be
19 ordered by the court to pay some or all of the restitution on
20 the minor's behalf, pursuant to the Parental Responsibility
21 Law. The State's Attorney is authorized to act on behalf of any
22 victim in seeking restitution in proceedings under this
23 Section, up to the maximum amount allowed in Section 5 of the
24 Parental Responsibility Law.
25     (5) Any sentencing order where the minor is committed or
26 placed in accordance with Section 5-740 shall provide for the

 

 

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1 parents or guardian of the estate of the minor to pay to the
2 legal custodian or guardian of the person of the minor such
3 sums as are determined by the custodian or guardian of the
4 person of the minor as necessary for the minor's needs. The
5 payments may not exceed the maximum amounts provided for by
6 Section 9.1 of the Children and Family Services Act.
7     (6) Whenever the sentencing order requires the minor to
8 attend school or participate in a program of training, the
9 truant officer or designated school official shall regularly
10 report to the court if the minor is a chronic or habitual
11 truant under Section 26-2a of the School Code.
12     (7) In no event shall a guilty minor be committed to the
13 Department of Juvenile Justice for a period of time in excess
14 of that period for which an adult could be committed for the
15 same act.
16     (8) A minor found to be guilty for reasons that include a
17 violation of Section 21-1.3 of the Criminal Code of 1961 shall
18 be ordered to perform community service for not less than 30
19 and not more than 120 hours, if community service is available
20 in the jurisdiction. The community service shall include, but
21 need not be limited to, the cleanup and repair of the damage
22 that was caused by the violation or similar damage to property
23 located in the municipality or county in which the violation
24 occurred. The order may be in addition to any other order
25 authorized by this Section.
26     (8.5) A minor found to be guilty for reasons that include a

 

 

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1 violation of Section 3.02 or Section 3.03 of the Humane Care
2 for Animals Act or paragraph (d) of subsection (1) of Section
3 21-1 of the Criminal Code of 1961 shall be ordered to undergo
4 medical or psychiatric treatment rendered by a psychiatrist or
5 psychological treatment rendered by a clinical psychologist.
6 The order may be in addition to any other order authorized by
7 this Section.
8     (9) In addition to any other sentencing order, the court
9 shall order any minor found to be guilty for an act which would
10 constitute, predatory criminal sexual assault of a child,
11 aggravated criminal sexual assault, criminal sexual assault,
12 aggravated criminal sexual abuse, or criminal sexual abuse if
13 committed by an adult to undergo medical testing to determine
14 whether the defendant has any sexually transmissible disease
15 including a test for infection with human immunodeficiency
16 virus (HIV) or any other identified causative agency of
17 acquired immunodeficiency syndrome (AIDS). Any medical test
18 shall be performed only by appropriately licensed medical
19 practitioners and may include an analysis of any bodily fluids
20 as well as an examination of the minor's person. Except as
21 otherwise provided by law, the results of the test shall be
22 kept strictly confidential by all medical personnel involved in
23 the testing and must be personally delivered in a sealed
24 envelope to the judge of the court in which the sentencing
25 order was entered for the judge's inspection in camera. Acting
26 in accordance with the best interests of the victim and the

 

 

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1 public, the judge shall have the discretion to determine to
2 whom the results of the testing may be revealed. The court
3 shall notify the minor of the results of the test for infection
4 with the human immunodeficiency virus (HIV). The court shall
5 also notify the victim if requested by the victim, and if the
6 victim is under the age of 15 and if requested by the victim's
7 parents or legal guardian, the court shall notify the victim's
8 parents or the legal guardian, of the results of the test for
9 infection with the human immunodeficiency virus (HIV). The
10 court shall provide information on the availability of HIV
11 testing and counseling at the Department of Public Health
12 facilities to all parties to whom the results of the testing
13 are revealed. The court shall order that the cost of any test
14 shall be paid by the county and may be taxed as costs against
15 the minor.
16     (10) When a court finds a minor to be guilty the court
17 shall, before entering a sentencing order under this Section,
18 make a finding whether the offense committed either: (a) was
19 related to or in furtherance of the criminal activities of an
20 organized gang or was motivated by the minor's membership in or
21 allegiance to an organized gang, or (b) involved a violation of
22 subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
23 a violation of any Section of Article 24 of the Criminal Code
24 of 1961, or a violation of any statute that involved the
25 wrongful use of a firearm. If the court determines the question
26 in the affirmative, and the court does not commit the minor to

 

 

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1 the Department of Juvenile Justice, the court shall order the
2 minor to perform community service for not less than 30 hours
3 nor more than 120 hours, provided that community service is
4 available in the jurisdiction and is funded and approved by the
5 county board of the county where the offense was committed. The
6 community service shall include, but need not be limited to,
7 the cleanup and repair of any damage caused by a violation of
8 Section 21-1.3 of the Criminal Code of 1961 and similar damage
9 to property located in the municipality or county in which the
10 violation occurred. When possible and reasonable, the
11 community service shall be performed in the minor's
12 neighborhood. This order shall be in addition to any other
13 order authorized by this Section except for an order to place
14 the minor in the custody of the Department of Juvenile Justice.
15 For the purposes of this Section, "organized gang" has the
16 meaning ascribed to it in Section 10 of the Illinois Streetgang
17 Terrorism Omnibus Prevention Act.
18     (12) If a minor is found to be guilty of a violation of
19 subsection (b) of Section 1 of the Prevention of Tobacco Use by
20 Minors Act, the court may, in its discretion, and upon
21 recommendation by the State's Attorney, order that minor and
22 his or her parents or legal guardian to attend a smoker's
23 education or youth diversion program as defined in that Act if
24 that program is available in the jurisdiction where the
25 offender resides. Attendance at a smoker's education or youth
26 diversion program shall be time-credited against any community

 

 

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1 service time imposed for any first violation of subsection (b)
2 of Section 1 of that Act. In addition to any other penalty that
3 the court may impose for a violation of subsection (b) of
4 Section 1 of that Act, the court, upon request by the State's
5 Attorney, may in its discretion require the offender to remit a
6 fee for his or her attendance at a smoker's education or youth
7 diversion program.
8     For purposes of this Section, "smoker's education program"
9 or "youth diversion program" includes, but is not limited to, a
10 seminar designed to educate a person on the physical and
11 psychological effects of smoking tobacco products and the
12 health consequences of smoking tobacco products that can be
13 conducted with a locality's youth diversion program.
14     In addition to any other penalty that the court may impose
15 under this subsection (12):
16     (a) If a minor violates subsection (b) of Section 1 of the
17 Prevention of Tobacco Use by Minors Act, the court may impose a
18 sentence of 15 hours of community service or a fine of $25 for
19 a first violation.
20     (b) A second violation by a minor of subsection (b) of
21 Section 1 of that Act that occurs within 12 months after the
22 first violation is punishable by a fine of $50 and 25 hours of
23 community service.
24     (c) A third or subsequent violation by a minor of
25 subsection (b) of Section 1 of that Act that occurs within 12
26 months after the first violation is punishable by a $100 fine

 

 

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1 and 30 hours of community service.
2     (d) Any second or subsequent violation not within the
3 12-month time period after the first violation is punishable as
4 provided for a first violation.
5 (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06.)
 
6     (Text of Section after amendment by P.A. 95-337 and 95-642)
7     Sec. 5-710. Kinds of sentencing orders.
8     (1) The following kinds of sentencing orders may be made in
9 respect of wards of the court:
10         (a) Except as provided in Sections 5-805, 5-810, 5-815,
11     a minor who is found guilty under Section 5-620 may be:
12             (i) put on probation or conditional discharge and
13         released to his or her parents, guardian or legal
14         custodian, provided, however, that any such minor who
15         is not committed to the Department of Juvenile Justice
16         under this subsection and who is found to be a
17         delinquent for an offense which is first degree murder,
18         a Class X felony, or a forcible felony shall be placed
19         on probation;
20             (ii) placed in accordance with Section 5-740, with
21         or without also being put on probation or conditional
22         discharge;
23             (iii) required to undergo a substance abuse
24         assessment conducted by a licensed provider and
25         participate in the indicated clinical level of care;

 

 

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1             (iv) placed in the guardianship of the Department
2         of Children and Family Services, but only if the
3         delinquent minor is under 15 years of age or, pursuant
4         to Article II of this Act, a minor for whom an
5         independent basis of abuse, neglect, or dependency
6         exists. An independent basis exists when the
7         allegations or adjudication of abuse, neglect, or
8         dependency do not arise from the same facts, incident,
9         or circumstances which give rise to a charge or
10         adjudication of delinquency;
11             (v) placed in detention for a period not to exceed
12         30 days, either as the exclusive order of disposition
13         or, where appropriate, in conjunction with any other
14         order of disposition issued under this paragraph,
15         provided that any such detention shall be in a juvenile
16         detention home and the minor so detained shall be 10
17         years of age or older. However, the 30-day limitation
18         may be extended by further order of the court for a
19         minor under age 15 committed to the Department of
20         Children and Family Services if the court finds that
21         the minor is a danger to himself or others. The minor
22         shall be given credit on the sentencing order of
23         detention for time spent in detention under Sections
24         5-501, 5-601, 5-710, or 5-720 of this Article as a
25         result of the offense for which the sentencing order
26         was imposed. The court may grant credit on a sentencing

 

 

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1         order of detention entered under a violation of
2         probation or violation of conditional discharge under
3         Section 5-720 of this Article for time spent in
4         detention before the filing of the petition alleging
5         the violation. A minor shall not be deprived of credit
6         for time spent in detention before the filing of a
7         violation of probation or conditional discharge
8         alleging the same or related act or acts;
9             (vi) ordered partially or completely emancipated
10         in accordance with the provisions of the Emancipation
11         of Minors Act;
12             (vii) subject to having his or her driver's license
13         or driving privileges suspended for such time as
14         determined by the court but only until he or she
15         attains 18 years of age;
16             (viii) put on probation or conditional discharge
17         and placed in detention under Section 3-6039 of the
18         Counties Code for a period not to exceed the period of
19         incarceration permitted by law for adults found guilty
20         of the same offense or offenses for which the minor was
21         adjudicated delinquent, and in any event no longer than
22         upon attainment of age 21; this subdivision (viii)
23         notwithstanding any contrary provision of the law; or
24             (ix) ordered to undergo a medical or other
25         procedure to have a tattoo symbolizing allegiance to a
26         street gang removed from his or her body.

 

 

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1         (b) A minor found to be guilty may be committed to the
2     Department of Juvenile Justice under Section 5-750 if the
3     minor is 13 years of age or older, provided that the
4     commitment to the Department of Juvenile Justice shall be
5     made only if a term of incarceration is permitted by law
6     for adults found guilty of the offense for which the minor
7     was adjudicated delinquent. The time during which a minor
8     is in custody before being released upon the request of a
9     parent, guardian or legal custodian shall be considered as
10     time spent in detention.
11         (c) When a minor is found to be guilty for an offense
12     which is a violation of the Illinois Controlled Substances
13     Act, the Cannabis Control Act, or the Methamphetamine
14     Control and Community Protection Act and made a ward of the
15     court, the court may enter a disposition order requiring
16     the minor to undergo assessment, counseling or treatment in
17     a substance abuse program approved by the Department of
18     Human Services.
19     (2) Any sentencing order other than commitment to the
20 Department of Juvenile Justice may provide for protective
21 supervision under Section 5-725 and may include an order of
22 protection under Section 5-730.
23     (3) Unless the sentencing order expressly so provides, it
24 does not operate to close proceedings on the pending petition,
25 but is subject to modification until final closing and
26 discharge of the proceedings under Section 5-750.

 

 

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1     (4) In addition to any other sentence, the court may order
2 any minor found to be delinquent to make restitution, in
3 monetary or non-monetary form, under the terms and conditions
4 of Section 5-5-6 of the Unified Code of Corrections, except
5 that the "presentencing hearing" referred to in that Section
6 shall be the sentencing hearing for purposes of this Section.
7 The parent, guardian or legal custodian of the minor may be
8 ordered by the court to pay some or all of the restitution on
9 the minor's behalf, pursuant to the Parental Responsibility
10 Law. The State's Attorney is authorized to act on behalf of any
11 victim in seeking restitution in proceedings under this
12 Section, up to the maximum amount allowed in Section 5 of the
13 Parental Responsibility Law.
14     (5) Any sentencing order where the minor is committed or
15 placed in accordance with Section 5-740 shall provide for the
16 parents or guardian of the estate of the minor to pay to the
17 legal custodian or guardian of the person of the minor such
18 sums as are determined by the custodian or guardian of the
19 person of the minor as necessary for the minor's needs. The
20 payments may not exceed the maximum amounts provided for by
21 Section 9.1 of the Children and Family Services Act.
22     (6) Whenever the sentencing order requires the minor to
23 attend school or participate in a program of training, the
24 truant officer or designated school official shall regularly
25 report to the court if the minor is a chronic or habitual
26 truant under Section 26-2a of the School Code.

 

 

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1     (7) In no event shall a guilty minor be committed to the
2 Department of Juvenile Justice for a period of time in excess
3 of that period for which an adult could be committed for the
4 same act.
5     (8) A minor found to be guilty for reasons that include a
6 violation of Section 21-1.3 of the Criminal Code of 1961 shall
7 be ordered to perform community service for not less than 30
8 and not more than 120 hours, if community service is available
9 in the jurisdiction. The community service shall include, but
10 need not be limited to, the cleanup and repair of the damage
11 that was caused by the violation or similar damage to property
12 located in the municipality or county in which the violation
13 occurred. The order may be in addition to any other order
14 authorized by this Section.
15     (8.5) A minor found to be guilty for reasons that include a
16 violation of Section 3.02 or Section 3.03 of the Humane Care
17 for Animals Act or paragraph (d) of subsection (1) of Section
18 21-1 of the Criminal Code of 1961 shall be ordered to undergo
19 medical or psychiatric treatment rendered by a psychiatrist or
20 psychological treatment rendered by a clinical psychologist.
21 The order may be in addition to any other order authorized by
22 this Section.
23     (9) In addition to any other sentencing order, the court
24 shall order any minor found to be guilty for an act which would
25 constitute, predatory criminal sexual assault of a child,
26 aggravated criminal sexual assault, criminal sexual assault,

 

 

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1 aggravated criminal sexual abuse, or criminal sexual abuse if
2 committed by an adult to undergo medical testing to determine
3 whether the defendant has any sexually transmissible disease
4 including a test for infection with human immunodeficiency
5 virus (HIV) or any other identified causative agency of
6 acquired immunodeficiency syndrome (AIDS). Any medical test
7 shall be performed only by appropriately licensed medical
8 practitioners and may include an analysis of any bodily fluids
9 as well as an examination of the minor's person. Except as
10 otherwise provided by law, the results of the test shall be
11 kept strictly confidential by all medical personnel involved in
12 the testing and must be personally delivered in a sealed
13 envelope to the judge of the court in which the sentencing
14 order was entered for the judge's inspection in camera. Acting
15 in accordance with the best interests of the victim and the
16 public, the judge shall have the discretion to determine to
17 whom the results of the testing may be revealed. The court
18 shall notify the minor of the results of the test for infection
19 with the human immunodeficiency virus (HIV). The court shall
20 also notify the victim if requested by the victim, and if the
21 victim is under the age of 15 and if requested by the victim's
22 parents or legal guardian, the court shall notify the victim's
23 parents or the legal guardian, of the results of the test for
24 infection with the human immunodeficiency virus (HIV). The
25 court shall provide information on the availability of HIV
26 testing and counseling at the Department of Public Health

 

 

HB4477 - 28 - LRB095 18625 RLC 44711 b

1 facilities to all parties to whom the results of the testing
2 are revealed. The court shall order that the cost of any test
3 shall be paid by the county and may be taxed as costs against
4 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 or
10 allegiance to an organized gang, or (b) involved a violation of
11 subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
12 a violation of any Section of Article 24 of the Criminal Code
13 of 1961, or a violation of any statute that involved the
14 wrongful use of a firearm. If the court determines the question
15 in the affirmative, and the court does not commit the minor to
16 the Department of Juvenile Justice, the court shall order the
17 minor to perform community service for not less than 30 hours
18 nor more than 120 hours, provided that community service is
19 available in the jurisdiction and is funded and approved by the
20 county board of the county where the offense was committed. The
21 community service shall include, but need not be limited to,
22 the cleanup and repair of any damage caused by a violation of
23 Section 21-1.3 of the Criminal Code of 1961 and similar damage
24 to property located in the municipality or county in which the
25 violation occurred. When possible and reasonable, the
26 community service shall be performed in the minor's

 

 

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1 neighborhood. This order shall be in addition to any other
2 order authorized by this Section except for an order to place
3 the minor in the custody of the Department of Juvenile Justice.
4 For the purposes of this Section, "organized gang" has the
5 meaning ascribed to it in Section 10 of the Illinois Streetgang
6 Terrorism Omnibus Prevention Act.
7     (11) If the court determines that the offense was committed
8 in furtherance of the criminal activities of an organized gang,
9 as provided in subsection (10), and that the offense involved
10 the operation or use of a motor vehicle or the use of a
11 driver's license or permit, the court shall notify the
12 Secretary of State of that determination and of the period for
13 which the minor shall be denied driving privileges. If, at the
14 time of the determination, the minor does not hold a driver's
15 license or permit, the court shall provide that the minor shall
16 not be issued a driver's license or permit until his or her
17 18th birthday. If the minor holds a driver's license or permit
18 at the time of the determination, the court shall provide that
19 the minor's driver's license or permit shall be revoked until
20 his or her 21st birthday, or until a later date or occurrence
21 determined by the court. If the minor holds a driver's license
22 at the time of the determination, the court may direct the
23 Secretary of State to issue the minor a judicial driving
24 permit, also known as a JDP. The JDP shall be subject to the
25 same terms as a JDP issued under Section 6-206.1 of the
26 Illinois Vehicle Code, except that the court may direct that

 

 

HB4477 - 30 - LRB095 18625 RLC 44711 b

1 the JDP be effective immediately.
2     (12) If a minor is found to be guilty of a violation of
3 subsection (b) of Section 1 of the Prevention of Tobacco Use by
4 Minors Act, the court may, in its discretion, and upon
5 recommendation by the State's Attorney, order that minor and
6 his or her parents or legal guardian to attend a smoker's
7 education or youth diversion program as defined in that Act if
8 that program is available in the jurisdiction where the
9 offender resides. Attendance at a smoker's education or youth
10 diversion program shall be time-credited against any community
11 service time imposed for any first violation of subsection (b)
12 of Section 1 of that Act. In addition to any other penalty that
13 the court may impose for a violation of subsection (b) of
14 Section 1 of that Act, the court, upon request by the State's
15 Attorney, may in its discretion require the offender to remit a
16 fee for his or her attendance at a smoker's education or youth
17 diversion program.
18     For purposes of this Section, "smoker's education program"
19 or "youth diversion program" includes, but is not limited to, a
20 seminar designed to educate a person on the physical and
21 psychological effects of smoking tobacco products and the
22 health consequences of smoking tobacco products that can be
23 conducted with a locality's youth diversion program.
24     In addition to any other penalty that the court may impose
25 under this subsection (12):
26     (a) If a minor violates subsection (b) of Section 1 of the

 

 

HB4477 - 31 - LRB095 18625 RLC 44711 b

1 Prevention of Tobacco Use by Minors Act, the court may impose a
2 sentence of 15 hours of community service or a fine of $25 for
3 a first violation.
4     (b) A second violation by a minor of subsection (b) of
5 Section 1 of that Act that occurs within 12 months after the
6 first violation is punishable by a fine of $50 and 25 hours of
7 community service.
8     (c) A third or subsequent violation by a minor of
9 subsection (b) of Section 1 of that Act that occurs within 12
10 months after the first violation is punishable by a $100 fine
11 and 30 hours of community service.
12     (d) Any second or subsequent violation not within the
13 12-month time period after the first violation is punishable as
14 provided for a first violation.
15 (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06;
16 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; revised 11-19-07.)
 
17     Section 15. The Sale of Tobacco to Minors Act is amended by
18 changing the title of the Act and Sections 0.01, 1, and 2 as
19 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.
 

 

 

HB4477 - 32 - LRB095 18625 RLC 44711 b

1     (720 ILCS 675/0.01)  (from Ch. 23, par. 2356.9)
2     Sec. 0.01. Short title. This Act may be cited as the
3 Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
4 (Source: P.A. 86-1324.)
 
5     (720 ILCS 675/1)  (from Ch. 23, par. 2357)
6     Sec. 1. Prohibition on sale to and possession of tobacco by
7 to minors; vending machines; lunch wagons.
8     (a) No minor under 18 years of age shall buy any cigar,
9 cigarette, smokeless tobacco or tobacco in any of its forms. No
10 person shall sell, buy for, distribute samples of or furnish
11 any cigar, cigarette, smokeless tobacco or tobacco in any of
12 its forms, to any minor under 18 years of age.
13     (a-5) No minor under 16 years of age may sell any cigar,
14 cigarette, smokeless tobacco, or tobacco in any of its forms at
15 a retail establishment selling tobacco products. This
16 subsection does not apply to a sales clerk in a family-owned
17 business which can prove that the sales clerk is in fact a son
18 or daughter of the owner.
19     (b) No minor under 18 years of age shall possess any cigar,
20 cigarette, smokeless tobacco, or tobacco in any of its forms.
21     (c) For the purpose of this Section, "smokeless tobacco"
22 means any tobacco products that are suitable for dipping or
23 chewing.
24     (d) (b) Tobacco products listed in this Section above may

 

 

HB4477 - 33 - LRB095 18625 RLC 44711 b

1 be sold through a vending machine only in the following
2 locations:
3         (1) Factories, businesses, offices, private clubs, and
4     other places not open to the general public.
5         (2) Places to which minors under 18 years of age are
6     not permitted access.
7         (3) Places where alcoholic beverages are sold and
8     consumed on the premises.
9         (4) Places where the vending machine is under the
10     direct supervision of the owner of the establishment or an
11     employee over 18 years of age. The sale of tobacco products
12     from a vending machine under direct supervision of the
13     owner or an employee of the establishment is considered a
14     sale of tobacco products by that person. As used in this
15     subdivision, "direct supervision" means that the owner or
16     employee has an unimpeded line of sight to the vending
17     machine.
18         (5) Places where the vending machine can only be
19     operated by the owner or an employee over age 18 either
20     directly or through a remote control device if the device
21     is inaccessible to all customers.
22     (e) (c) The sale or distribution at no charge of cigarettes
23 from a lunch wagon engaging in any sales activity within 1,000
24 feet of any public or private elementary or secondary school
25 grounds is prohibited.
26     (f) It is not a violation of this Act for a person under 18

 

 

HB4477 - 34 - LRB095 18625 RLC 44711 b

1 years of age to purchase or possess a cigar, cigarette,
2 smokeless tobacco or tobacco in any of its forms if the person
3 under the age of 18 purchases or is given the cigar, cigarette,
4 smokeless tobacco or tobacco in any of its forms from a retail
5 seller of tobacco products or an employee of the retail seller
6 pursuant to a plan or action to investigate, patrol, or
7 otherwise conduct a "sting operation" or enforcement action
8 against a retail seller of tobacco products or a person
9 employed by the retail seller of tobacco products or on any
10 premises authorized to sell tobacco products to determine if
11 tobacco products are being sold or given to persons under 18
12 years of age if the "sting operation" or enforcement action is
13 approved by the Department of State Police, the county sheriff,
14 a municipal police department, the Department of Public Health,
15 or a local health department.
16     For the purpose of this Section, "lunch wagon" means a
17 mobile vehicle designed and constructed to transport food and
18 from which food is sold to the general public.
19 (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
 
20     (720 ILCS 675/2)  (from Ch. 23, par. 2358)
21     Sec. 2. (a) Any person who violates subsection (a) or (a-5)
22 of Section 1 any provision of this Act is guilty of a petty
23 offense and for the first offense shall be fined $200, $400 for
24 the second offense in a 12-month period, and $600 for the third
25 or any subsequent offense in a 12-month period.

 

 

HB4477 - 35 - LRB095 18625 RLC 44711 b

1     (b) If a minor violates subsection (b) of Section 1 he or
2 she is guilty of a petty offense and the court may impose a
3 sentence of 15 hours of community service or a fine of $25 for
4 a first violation.
5     (c) A second violation by a minor of subsection (b) of
6 Section 1 that occurs within 12 months after the first
7 violation is punishable by a fine of $50 and 25 hours of
8 community service.
9     (d) A third or subsequent violation by a minor of
10 subsection (b) of Section 1 that occurs within 12 months after
11 the first violation is punishable by a $100 fine and 30 hours
12 of community service.
13     (e) Any second or subsequent violation not within the
14 12-month time period after the first violation is punishable as
15 provided for a first violation.
16     (f) If a minor is convicted of or placed on supervision for
17 a violation of subsection (b) of Section 1, the court may, in
18 its discretion, and upon recommendation by the State's
19 Attorney, order that minor and his or her parents or legal
20 guardian to attend a smoker's education or youth diversion
21 program if that program is available in the jurisdiction where
22 the offender resides. Attendance at a smoker's education or
23 youth diversion program shall be time-credited against any
24 community service time imposed for any first violation of
25 subsection (b) of Section 1. In addition to any other penalty
26 that the court may impose for a violation of subsection (b) of

 

 

HB4477 - 36 - LRB095 18625 RLC 44711 b

1 Section 1, the court, upon request by the State's Attorney, may
2 in its discretion require the offender to remit a fee for his
3 or her attendance at a smoker's education or youth diversion
4 program.
5     (g) For purposes of this Section, "smoker's education
6 program" or "youth diversion program" includes, but is not
7 limited to, a seminar designed to educate a person on the
8 physical and psychological effects of smoking tobacco products
9 and the health consequences of smoking tobacco products that
10 can be conducted with a locality's youth diversion program.
11     (h) All moneys collected as fines for violations of
12 subsection (a), (a-5), or (b) of Section 1 shall be distributed
13 in the following manner:
14         (1) one-half of each fine shall be distributed to the
15     unit of local government or other entity that successfully
16     prosecuted the offender; and
17         (2) one-half shall be remitted to the State to be used
18     for enforcing this Act. One-half of each fine collected
19     under this Section shall be distributed to the unit of
20     local government or other entity that successfully
21     prosecuted the offender and one-half shall be remitted to
22     the State to be used for enforcing this Act.
23 (Source: P.A. 88-418.)
 
24     Section 20. The Display of Tobacco Products Act is amended
25 by changing Section 15 as follows:
 

 

 

HB4477 - 37 - LRB095 18625 RLC 44711 b

1     (720 ILCS 677/15)
2     Sec. 15. Vending machines. This Act does not prohibit the
3 sale of tobacco products from vending machines if the location
4 of the vending machines are in compliance with the provisions
5 of Section 1 of the Prevention of Tobacco Use by Sale of
6 Tobacco to Minors Act.
7 (Source: P.A. 93-886, eff. 1-1-05.)
 
8     Section 95. No acceleration or delay. Where this Act makes
9 changes in a statute that is represented in this Act by text
10 that is not yet or no longer in effect (for example, a Section
11 represented by multiple versions), the use of that text does
12 not accelerate or delay the taking effect of (i) the changes
13 made by this Act or (ii) provisions derived from any other
14 Public Act.
 
15     Section 99. Effective date. This Act takes effect upon
16 becoming law.