Synopsis As Introduced Amends the Sale of Tobacco to Minors Act. Changes the short title to the Prevention of Tobacco Use by Minors Act. Prohibits minors from possessing tobacco (now only the buying by and the sale and distribution to minors of tobacco is prohibited). Provides that in addition to or instead of a fine, the court may impose community service upon a minor who possesses tobacco and upon a seller or distributor of tobacco to a minor.
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 addition to a fine and community service, order the minor to attend a local anti-tobacco or youth diversion program. Provides that a court may order a minor convicted of or placed on supervision for a violation of the prohibition of tobacco possession by minors, and his or her parents or legal guardian, to attend a smoker's education or youth diversion program if available in the jurisdiction where the offender resides. Provides that attendance at that program shall be time-credited against any community service time imposed for a first violation. Provides that, in addition to any other penalties, the court may assess a fee against the offender for his or her attendance of the program. Defines "smoker's education program" or "youth diversion program" to include a seminar designed to educate a person on the physical and psychological effects of smoking tobacco products and the health consequences of smoking tobacco products. Amends the Juvenile Court Act of 1987 to provide that the community service provisions are available to a delinquent minor under that Act.
House Floor Amendment No. 2 Deletes all. Reinserts the provisions of the bill as amended. Also adds additional penalties, consisting of community service and fines, that a court may impose under the Juvenile Court Act of 1987 as part of an order of continuance under supervision or a sentencing order in connection with a minor's violation of the Prevention of Tobacco Use by Minors Act. Also provides that the increase in fines and time for performing community service apply to second or subsequent violations occurring within 12 months (rather than weeks) of the first violation. Also makes technical corrections in the bill as amended.