Bill Status of HB1548  93rd General Assembly

Short Description:  TOBACCO-POSSESSION-MINORS

House Sponsors
Rep. Ronald A. Wait - Paul D. Froehlich - Thomas Holbrook - William Delgado - Constance A. Howard, John A. Fritchey, Sandra M. Pihos, Dave Winters, Suzanne Bassi, John J. Millner, Jim Sacia and Patricia Bailey

Senate Sponsors
(Sen. James F. Clayborne, Jr. and Bill Brady)

Last Action
DateChamber Action
  1/11/2005HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 675/Act title
720 ILCS 675/0.01from Ch. 23, par. 2356.9
720 ILCS 675/1from Ch. 23, par. 2357
720 ILCS 675/2from Ch. 23, par. 2358


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.

House Committee Amendment No. 1
Adds reference to:
705 ILCS 405/5-615
705 ILCS 405/5-710

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.

Actions 
DateChamber Action
  2/7/2003HouseFiled with the Clerk by Rep. Ronald A. Wait
  2/10/2003HouseFirst Reading
  2/10/2003HouseReferred to Rules Committee
  2/11/2003HouseAssigned to Judiciary II - Criminal Law Committee
  2/20/2003HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  3/13/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2003HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2003HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/13/2003HousePlaced on Calendar 2nd Reading - Short Debate
  3/19/2003HouseAdded Chief Co-Sponsor Rep. Thomas Holbrook
  3/19/2003HouseAdded Chief Co-Sponsor Rep. William Delgado
  3/19/2003HouseAdded Chief Co-Sponsor Rep. Constance A. Howard
  3/20/2003HouseSecond Reading - Short Debate
  3/20/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/21/2003HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/26/2003HouseAdded Co-Sponsor Rep. Dave Winters
  3/26/2003HouseAdded Co-Sponsor Rep. Suzanne Bassi
  3/26/2003HouseAdded Co-Sponsor Rep. John J. Millner
  3/26/2003HouseAdded Co-Sponsor Rep. Jim Sacia
  3/26/2003HouseAdded Co-Sponsor Rep. Patricia Bailey
  3/26/2003HouseAdded Co-Sponsor Rep. John A. Fritchey
  3/27/2003HouseRecalled to Second Reading - Short Debate
  3/27/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Ronald A. Wait
  3/28/2003HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/31/2003HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/1/2003HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/1/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/1/2003HouseThird Reading - Short Debate - Passed 107-008-002
  4/2/2003SenateArrive in Senate
  4/2/2003SenatePlaced on Calendar Order of First Reading April 3, 2003
  4/15/2003SenateChief Senate Sponsor Sen. James F. Clayborne, Jr.
  4/16/2003SenateFirst Reading
  4/16/2003SenateReferred to Rules
  4/21/2003SenateAdded as Alternate Co-Sponsor Sen. Bill Brady
  1/11/2005HouseSession Sine Die