Full Text of HB0274 95th General Assembly
HB0274 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0274
Introduced 1/19/2007, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED: |
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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 sale to and possession of tobacco by minors (instead of the sale of tobacco to minors). Provides that it is a petty offense for a minor under 16 years of age to sell any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms at a retail establishment selling tobacco products. Provides that it is a petty offense for a minor under 18 years of age to possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms.
Amends other Acts to change references to the short title of the Prevention of Tobacco Use by Minors Act. Makes other changes. Effective immediately. |
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB0274 |
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LRB095 04004 RLC 24037 b |
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| AN ACT concerning minors.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| 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)
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| Sec. 6-16.1. Enforcement actions.
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| (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
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| Section shall be valid for a "sting operation" or enforcement |
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| 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.
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| (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
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| Tobacco to Minors Act.
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| (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.
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| (d) The provisions of subsections (b) and (c) do not apply | 24 |
| to a home rule
unit with more than 2,000,000 inhabitants.
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| (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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| 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.
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| (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.
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| (Source: P.A. 92-503, eff. 1-1-02; 93-1057, eff. 12-2-04.)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 13 |
| changing
Sections 5-615 and 5-710 as follows:
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| (705 ILCS 405/5-615)
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| Sec. 5-615. Continuance under supervision.
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| (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
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| minor, his or her parent, guardian, or legal custodian, the | 24 |
| minor's attorney or
the
State's Attorney.
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| (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.
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| (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.
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| (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.
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| (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:
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| (a) not violate any criminal statute of any | 19 |
| jurisdiction;
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| (b) make a report to and appear in person before any | 21 |
| person or agency as
directed by the court;
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| (c) work or pursue a course of study or vocational | 23 |
| training;
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| (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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| 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;
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| (e) attend or reside in a facility established for the | 7 |
| instruction or
residence of persons on probation;
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| (f) support his or her dependents, if any;
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| (g) pay costs;
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| (h) refrain from possessing a firearm or other | 11 |
| dangerous weapon, or an
automobile;
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| (i) permit the probation officer to visit him or her at | 13 |
| his or her home or
elsewhere;
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| (j) reside with his or her parents or in a foster home;
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| (k) attend school;
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| (k-5) with the consent of the superintendent
of the
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| 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
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| real
property
comprising a school, or within 1,000 feet of | 22 |
| the real property comprising a
school;
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| (l) attend a non-residential program for youth;
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| (m) contribute to his or her own support at home or in | 25 |
| a foster home;
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| (n) perform some reasonable public or community |
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| service;
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| (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;
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| (p) comply with curfew requirements as designated by | 8 |
| the court;
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| (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
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| minor, and advance approval by a probation officer;
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| (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;
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| (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;
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| (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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| presence of any illicit drug; or
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| (t) comply with any other conditions as may be ordered | 3 |
| by the court.
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| (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.
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| (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
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| 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
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| delay shall continue the tolling of the period of continuance | 25 |
| under supervision
for the period of
the delay.
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| (8) When a hearing in which a minor is alleged to be a |
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LRB095 04004 RLC 24037 b |
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| 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
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| 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.
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| (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
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| 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
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| condition.
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| (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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LRB095 04004 RLC 24037 b |
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| 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
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| 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
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| 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.
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| (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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| 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
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| minor to pay some or all of the fee on the minor's behalf.
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| (11) If a minor is placed on supervision for a violation of
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| subsection (b) of Section 1 of the Prevention of Tobacco Use by | 10 |
| Minors Act, the
court may, in its discretion, and upon
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| 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.
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| 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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LRB095 04004 RLC 24037 b |
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| psychological effects of smoking tobacco
products and the | 2 |
| health consequences of smoking tobacco products that can be
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| conducted with a locality's youth diversion program.
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| In addition to any other penalty that the court may impose | 5 |
| under this
subsection
(11):
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| (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.
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| (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.
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| (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
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| and 30 hours of community service.
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| (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.
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| (Source: P.A. eff. 1-1-00; 94-556, eff. 9-11-05.)
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| (705 ILCS 405/5-710)
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| Sec. 5-710. Kinds of sentencing orders.
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| (1) The following kinds of sentencing orders may be made in | 25 |
| respect of
wards of the court:
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LRB095 04004 RLC 24037 b |
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| (a) Except as provided in Sections 5-805, 5-810, 5-815, | 2 |
| a minor who is
found
guilty under Section 5-620 may be:
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| (i) put on probation or conditional discharge and | 4 |
| released to his or her
parents, guardian or legal | 5 |
| custodian, provided, however, that any such minor
who | 6 |
| is not committed to the Department of Juvenile Justice | 7 |
| under
this subsection and who is found to be a | 8 |
| delinquent for an offense which is
first degree murder, | 9 |
| a Class X felony, or a forcible felony shall be placed | 10 |
| on
probation;
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| (ii) placed in accordance with Section 5-740, with | 12 |
| or without also being
put on probation or conditional | 13 |
| discharge;
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| (iii) required to undergo a substance abuse | 15 |
| assessment conducted by a
licensed provider and | 16 |
| participate in the indicated clinical level of care;
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| (iv) placed in the guardianship of the Department | 18 |
| of Children and Family
Services, but only if the | 19 |
| delinquent minor is under 13 years of age;
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| (v) placed in detention for a period not to exceed | 21 |
| 30 days, either as
the
exclusive order of disposition | 22 |
| or, where appropriate, in conjunction with any
other | 23 |
| order of disposition issued under this paragraph, | 24 |
| provided that any such
detention shall be in a juvenile | 25 |
| detention home and the minor so detained shall
be 10 | 26 |
| years of age or older. However, the 30-day limitation |
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| may be extended by
further order of the court for a | 2 |
| minor under age 13 committed to the Department
of | 3 |
| Children and Family Services if the court finds that | 4 |
| the minor is a danger
to himself or others. The minor | 5 |
| shall be given credit on the sentencing order
of | 6 |
| detention for time spent in detention under Sections | 7 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 8 |
| result of the offense for which the sentencing order | 9 |
| was imposed.
The court may grant credit on a sentencing | 10 |
| order of detention entered under a
violation of | 11 |
| probation or violation of conditional discharge under | 12 |
| Section
5-720 of this Article for time spent in | 13 |
| detention before the filing of the
petition
alleging | 14 |
| the violation. A minor shall not be deprived of credit | 15 |
| for time spent
in detention before the filing of a | 16 |
| violation of probation or conditional
discharge | 17 |
| alleging the same or related act or acts;
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| (vi) ordered partially or completely emancipated | 19 |
| in accordance with the
provisions of the Emancipation | 20 |
| of Minors Act;
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| (vii) subject to having his or her driver's license | 22 |
| or driving
privileges
suspended for such time as | 23 |
| determined by the court but only until he or she
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| attains 18 years of age;
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| (viii) put on probation or conditional discharge | 26 |
| and placed in detention
under Section 3-6039 of the |
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| Counties Code for a period not to exceed the period
of | 2 |
| incarceration permitted by law for adults found guilty | 3 |
| of the same offense
or offenses for which the minor was | 4 |
| adjudicated delinquent, and in any event no
longer than | 5 |
| upon attainment of age 21; this subdivision (viii) | 6 |
| notwithstanding
any contrary provision of the law; or
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| (ix) ordered to undergo a medical or other | 8 |
| procedure to have a tattoo
symbolizing allegiance to a | 9 |
| street gang removed from his or her body.
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| (b) A minor found to be guilty may be committed to the | 11 |
| Department of
Juvenile Justice under Section 5-750 if the | 12 |
| minor is 13 years of age or
older,
provided that the | 13 |
| commitment to the Department of Juvenile Justice shall be | 14 |
| made only if a term of incarceration is permitted by law | 15 |
| for
adults found guilty of the offense for which the minor | 16 |
| was adjudicated
delinquent. The time during which a minor | 17 |
| is in custody before being released
upon the request of a | 18 |
| parent, guardian or legal custodian shall be considered
as | 19 |
| time spent in detention.
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| (c) When a minor is found to be guilty for an offense | 21 |
| which is a violation
of the Illinois Controlled Substances | 22 |
| Act, the Cannabis Control Act, or the Methamphetamine | 23 |
| Control and Community Protection Act and made
a ward of the | 24 |
| court, the court may enter a disposition order requiring | 25 |
| the
minor to undergo assessment,
counseling or treatment in | 26 |
| a substance abuse program approved by the Department
of |
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LRB095 04004 RLC 24037 b |
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| Human Services.
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| (2) Any sentencing order other than commitment to the | 3 |
| Department of
Juvenile Justice may provide for protective | 4 |
| supervision under
Section 5-725 and may include an order of | 5 |
| protection under Section 5-730.
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| (3) Unless the sentencing order expressly so provides, it | 7 |
| does not operate
to close proceedings on the pending petition, | 8 |
| but is subject to modification
until final closing and | 9 |
| discharge of the proceedings under Section 5-750.
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| (4) In addition to any other sentence, the court may order | 11 |
| any
minor
found to be delinquent to make restitution, in | 12 |
| monetary or non-monetary form,
under the terms and conditions | 13 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 14 |
| that the "presentencing hearing" referred to in that
Section
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| shall be
the sentencing hearing for purposes of this Section. | 16 |
| The parent, guardian or
legal custodian of the minor may be | 17 |
| ordered by the court to pay some or all of
the restitution on | 18 |
| the minor's behalf, pursuant to the Parental Responsibility
| 19 |
| Law. The State's Attorney is authorized to act
on behalf of any | 20 |
| victim in seeking restitution in proceedings under this
| 21 |
| Section, up to the maximum amount allowed in Section 5 of the | 22 |
| Parental
Responsibility Law.
| 23 |
| (5) Any sentencing order where the minor is committed or | 24 |
| placed in
accordance
with Section 5-740 shall provide for the | 25 |
| parents or guardian of the estate of
the minor to pay to the | 26 |
| legal custodian or guardian of the person of the minor
such |
|
|
|
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| 1 |
| sums as are determined by the custodian or guardian of the | 2 |
| person of the
minor as necessary for the minor's needs. The | 3 |
| payments may not exceed the
maximum amounts provided for by | 4 |
| Section 9.1 of the Children and Family Services
Act.
| 5 |
| (6) Whenever the sentencing order requires the minor to | 6 |
| attend school or
participate in a program of training, the | 7 |
| truant officer or designated school
official shall regularly | 8 |
| report to the court if the minor is a chronic or
habitual | 9 |
| truant under Section 26-2a of the School Code.
| 10 |
| (7) In no event shall a guilty minor be committed to the | 11 |
| Department of
Juvenile Justice for a period of time in
excess | 12 |
| of
that period for which an adult could be committed for the | 13 |
| same act.
| 14 |
| (8) A minor found to be guilty for reasons that include a | 15 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 16 |
| be ordered to perform
community service for not less than 30 | 17 |
| and not more than 120 hours, if
community service is available | 18 |
| in the jurisdiction. The community service
shall include, but | 19 |
| need not be limited to, the cleanup and repair of the damage
| 20 |
| that was caused by the violation or similar damage to property | 21 |
| located in the
municipality or county in which the violation | 22 |
| occurred. The order may be in
addition to any other order | 23 |
| authorized by this Section.
| 24 |
| (8.5) A minor found to be guilty for reasons that include a | 25 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care | 26 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section |
|
|
|
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| 1 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 2 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 3 |
| psychological treatment rendered by a clinical psychologist.
| 4 |
| The order
may be in addition to any other order authorized by | 5 |
| this Section.
| 6 |
| (9) In addition to any other sentencing order, the court | 7 |
| shall order any
minor found
to be guilty for an act which would | 8 |
| constitute, predatory criminal sexual
assault of a child, | 9 |
| aggravated criminal sexual assault, criminal sexual
assault, | 10 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
| 11 |
| committed by an
adult to undergo medical testing to determine | 12 |
| whether the defendant has any
sexually transmissible disease | 13 |
| including a test for infection with human
immunodeficiency | 14 |
| virus (HIV) or any other identified causative agency of
| 15 |
| acquired immunodeficiency syndrome (AIDS). Any medical test | 16 |
| shall be performed
only by appropriately licensed medical | 17 |
| practitioners and may include an
analysis of any bodily fluids | 18 |
| as well as an examination of the minor's person.
Except as | 19 |
| otherwise provided by law, the results of the test shall be | 20 |
| kept
strictly confidential by all medical personnel involved in | 21 |
| the testing and must
be personally delivered in a sealed | 22 |
| envelope to the judge of the court in which
the sentencing | 23 |
| order was entered for the judge's inspection in camera. Acting
| 24 |
| in accordance with the best interests of the victim and the | 25 |
| public, the judge
shall have the discretion to determine to | 26 |
| whom the results of the testing may
be revealed. The court |
|
|
|
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| shall notify the minor of the results of the test for
infection | 2 |
| with the human immunodeficiency virus (HIV). The court shall | 3 |
| also
notify the victim if requested by the victim, and if the | 4 |
| victim is under the
age of 15 and if requested by the victim's | 5 |
| parents or legal guardian, the court
shall notify the victim's | 6 |
| parents or the legal guardian, of the results of the
test for | 7 |
| infection with the human immunodeficiency virus (HIV). The | 8 |
| court
shall provide information on the availability of HIV | 9 |
| testing and counseling at
the Department of Public Health | 10 |
| facilities to all parties to whom the
results of the testing | 11 |
| are revealed. The court shall order that the cost of
any test | 12 |
| shall be paid by the county and may be taxed as costs against | 13 |
| the
minor.
| 14 |
| (10) When a court finds a minor to be guilty the court | 15 |
| shall, before
entering a sentencing order under this Section, | 16 |
| make a finding whether the
offense committed either: (a) was | 17 |
| related to or in furtherance of the criminal
activities of an | 18 |
| organized gang or was motivated by the minor's membership in
or | 19 |
| allegiance to an organized gang, or (b) involved a violation of
| 20 |
| subsection (a) of Section 12-7.1 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 |
| wrongful use of a firearm. If the court determines
the question | 24 |
| in the affirmative,
and the court does not commit the minor to | 25 |
| the Department of Juvenile Justice, the court shall order the | 26 |
| minor to perform community service
for not less than 30 hours |
|
|
|
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| 1 |
| nor more than 120 hours, provided that community
service is | 2 |
| available in the jurisdiction and is funded and approved by the
| 3 |
| county board of the county where the offense was committed. The | 4 |
| community
service shall include, but need not be limited to, | 5 |
| the cleanup and repair of
any damage caused by a violation of | 6 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage | 7 |
| to property located in the municipality or county in which
the | 8 |
| violation occurred. When possible and reasonable, the | 9 |
| community service
shall be performed in the minor's | 10 |
| neighborhood. This order shall be in
addition to any other | 11 |
| order authorized by this Section
except for an order to place | 12 |
| the minor in the custody of the Department of
Juvenile Justice. | 13 |
| For the purposes of this Section, "organized
gang" has the | 14 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
| 15 |
| Terrorism Omnibus Prevention Act.
| 16 |
| (11) If a minor is found to be guilty of a violation of
| 17 |
| subsection (b) of Section 1 of the Prevention of Tobacco Use by | 18 |
| Minors Act, the
court may, in its discretion, and upon
| 19 |
| recommendation by the State's Attorney, order that minor and | 20 |
| his or her parents
or legal
guardian to attend a smoker's | 21 |
| education or youth diversion program as defined
in that Act if | 22 |
| that
program is available in the jurisdiction where the | 23 |
| offender resides.
Attendance at a smoker's education or youth | 24 |
| diversion program
shall be time-credited against any community | 25 |
| service time imposed for any
first violation of subsection (b) | 26 |
| of Section 1 of that Act. In addition to any
other
penalty
that |
|
|
|
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LRB095 04004 RLC 24037 b |
|
| 1 |
| the court may impose for a violation of subsection (b) of | 2 |
| Section 1 of
that Act, the
court, upon request by the State's | 3 |
| Attorney, may in its discretion
require
the offender to remit a | 4 |
| fee for his or her attendance at a smoker's
education or
youth | 5 |
| diversion program.
| 6 |
| For purposes of this Section, "smoker's education program" | 7 |
| or "youth
diversion program" includes, but is not limited to, a | 8 |
| seminar designed to
educate a person on the physical and | 9 |
| psychological effects of smoking tobacco
products and the | 10 |
| health consequences of smoking tobacco products that can be
| 11 |
| conducted with a locality's youth diversion program.
| 12 |
| In addition to any other penalty that the court may impose | 13 |
| under this
subsection
(11):
| 14 |
| (a) If a minor violates subsection (b) of Section 1 of the | 15 |
| Prevention of
Tobacco Use by Minors Act, the court may
impose a | 16 |
| sentence of 15 hours of
community service or a fine of $25 for | 17 |
| a first violation.
| 18 |
| (b) A second violation by a minor of subsection (b) of | 19 |
| Section 1 of that Act
that occurs
within 12 months after the | 20 |
| first violation is punishable by a fine of $50 and
25
hours of | 21 |
| community service.
| 22 |
| (c) A third or subsequent violation by a minor of | 23 |
| subsection (b) of Section
1 of that Act
that
occurs within 12 | 24 |
| months after the first violation is punishable by a $100
fine
| 25 |
| and 30 hours of community service.
| 26 |
| (d) Any second or subsequent violation not within the |
|
|
|
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LRB095 04004 RLC 24037 b |
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| 1 |
| 12-month time period
after the first violation is punishable as | 2 |
| provided for a first violation.
| 3 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06 .)
| 4 |
| Section 15. The Sale of Tobacco to Minors Act is amended by | 5 |
| changing the
title of the Act and Sections 0.01, 1, and 2 as | 6 |
| follows:
| 7 |
| (720 ILCS 675/Act title)
| 8 |
| An Act to prohibit minors from buying ,
or selling , or | 9 |
| possessing
tobacco in any of its forms, to prohibit selling,
| 10 |
| giving or
furnishing tobacco, in any of its forms, to minors, | 11 |
| and providing penalties
therefor.
| 12 |
| (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
| 13 |
| Sec. 0.01. Short title. This Act may be cited as the
| 14 |
| Prevention of Tobacco Use by
Sale of Tobacco to Minors Act.
| 15 |
| (Source: P.A. 86-1324.)
| 16 |
| (720 ILCS 675/1) (from Ch. 23, par. 2357)
| 17 |
| Sec. 1. Prohibition on sale to and possession of tobacco by
| 18 |
| to minors; vending machines; lunch
wagons.
| 19 |
| (a) No minor under 18 years of age shall buy any cigar,
| 20 |
| cigarette,
smokeless tobacco or tobacco in any of its forms. No | 21 |
| person shall sell, buy
for, distribute samples of or furnish | 22 |
| any cigar, cigarette, smokeless tobacco
or tobacco in any of |
|
|
|
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|
| 1 |
| its forms, to any minor under 18 years of age. | 2 |
| (a-5) No minor under 16 years of
age may sell any cigar, | 3 |
| cigarette, smokeless tobacco, or tobacco in any of its
forms at | 4 |
| a retail
establishment selling tobacco products. This | 5 |
| subsection does not apply
to a sales clerk in a family-owned | 6 |
| business which can prove that the sales
clerk
is in fact a son | 7 |
| or daughter of the owner.
| 8 |
| (b) No minor under 18 years of age shall possess any cigar, | 9 |
| cigarette,
smokeless tobacco, or tobacco in any of its forms. | 10 |
| (c) For the purpose of this Section, "smokeless tobacco" | 11 |
| means any tobacco
products that are suitable for dipping or | 12 |
| chewing.
| 13 |
| (d)
(b) Tobacco products listed in this Section
above may | 14 |
| be sold through a vending machine
only in
the following | 15 |
| locations:
| 16 |
| (1) Factories, businesses, offices, private clubs, and | 17 |
| other places not
open to the general public.
| 18 |
| (2) Places to which minors under 18 years of age are | 19 |
| not permitted access.
| 20 |
| (3) Places where alcoholic beverages are sold and | 21 |
| consumed on the
premises.
| 22 |
| (4) Places where the vending machine is under the | 23 |
| direct supervision of
the owner of the establishment or an | 24 |
| employee over 18 years of age. The sale
of tobacco products | 25 |
| from a vending machine under direct supervision of the
| 26 |
| owner or an employee of the establishment is considered a |
|
|
|
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LRB095 04004 RLC 24037 b |
|
| 1 |
| sale of tobacco
products by that person. As used in this | 2 |
| subdivision, "direct supervision"
means that the owner or | 3 |
| employee has an unimpeded line of sight to the vending
| 4 |
| machine.
| 5 |
| (5) Places where the vending machine can only be | 6 |
| operated by the owner or
an employee over age 18 either | 7 |
| directly or through a remote control device if
the device | 8 |
| is inaccessible to all customers.
| 9 |
| (e)
(c) The sale or distribution at no charge of cigarettes | 10 |
| from a lunch wagon
engaging in any sales activity within 1,000 | 11 |
| feet of any public or private
elementary or secondary school | 12 |
| grounds is prohibited. | 13 |
| (f) It is not a violation of this Act for a person under 18 | 14 |
| years of age to purchase or possess a cigar, cigarette, | 15 |
| smokeless tobacco or tobacco in any of its forms if the person | 16 |
| under the age of 18 purchases or is given the cigar, cigarette, | 17 |
| smokeless tobacco or tobacco in any of its forms from a retail | 18 |
| seller of tobacco products or an employee of the retail seller | 19 |
| pursuant to a plan or action to investigate, patrol, or | 20 |
| otherwise conduct a "sting operation" or enforcement action | 21 |
| against a retail seller of tobacco products or a person | 22 |
| employed by the retail seller of tobacco products or on any | 23 |
| premises authorized to sell tobacco products to determine if | 24 |
| tobacco products are being sold or given to persons under 18 | 25 |
| years of age if the "sting operation" or enforcement action is | 26 |
| approved by the Department of State Police, the county sheriff, |
|
|
|
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LRB095 04004 RLC 24037 b |
|
| 1 |
| a municipal police department, the Department of Public Health, | 2 |
| or a local health department.
| 3 |
| For the purpose of this Section, "lunch wagon" means a | 4 |
| mobile vehicle
designed and constructed to transport food and | 5 |
| from which food is sold to the
general public.
| 6 |
| (Source: P.A. 93-284, eff. 1-1-04; 93-886, eff. 1-1-05.)
| 7 |
| (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 8 |
| Sec. 2. (a) Any person who violates subsections (a) or | 9 |
| (a)(5) of Section 1
any
provision of this Act is guilty of a
| 10 |
| petty offense and
for the first offense
shall be fined $200, | 11 |
| $400 for the
second offense in a 12-month period, and
$600 for | 12 |
| the third or any
subsequent
offense in a 12-month period.
| 13 |
| (b) If a minor violates subsection (b) of Section 1 he or | 14 |
| she is guilty of a petty offense and the court may
impose a | 15 |
| sentence of 15 hours of
community
service or a fine of $25 for | 16 |
| a first violation.
| 17 |
| (c) A second violation by a minor of subsection (b) of | 18 |
| Section 1 that occurs
within 12 months after the first | 19 |
| violation is punishable by a fine of $50 and
25
hours of | 20 |
| community service.
| 21 |
| (d) A third or subsequent violation by a minor of | 22 |
| subsection (b) of Section
1
that
occurs within 12 months after | 23 |
| the first violation is punishable by a $100
fine
and 30 hours | 24 |
| of community service.
| 25 |
| (e) Any second or subsequent violation not within the |
|
|
|
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LRB095 04004 RLC 24037 b |
|
| 1 |
| 12-month time period
after
the first violation is punishable as | 2 |
| provided for a first violation.
| 3 |
| (f) If a minor is convicted of or placed on supervision for | 4 |
| a violation of
subsection (b) of Section 1, the court may, in | 5 |
| its discretion, and upon
recommendation by the State's | 6 |
| Attorney, order that minor and his or her parents
or legal
| 7 |
| guardian to attend a smoker's education or youth diversion | 8 |
| program if that
program is available in the jurisdiction where | 9 |
| the offender resides.
Attendance at a smoker's education or | 10 |
| youth diversion program
shall be time-credited against any | 11 |
| community service time imposed for any
first violation of | 12 |
| subsection (b) of Section 1. In addition to any other
penalty
| 13 |
| that the court may impose for a violation of subsection (b) of | 14 |
| Section 1, the
court, upon request by the State's Attorney, may | 15 |
| in its discretion
require
the offender to remit a fee for his | 16 |
| or her attendance at a smoker's
education or
youth diversion | 17 |
| program.
| 18 |
| (g) For purposes of this Section, "smoker's education
| 19 |
| program"
or
"youth diversion program" includes, but is not | 20 |
| limited to, a seminar designed
to educate a person on the | 21 |
| physical and psychological effects of smoking
tobacco products | 22 |
| and the health consequences of smoking tobacco products
that | 23 |
| can be conducted with a locality's youth diversion program.
| 24 |
| (h) All moneys collected as fines for violations of | 25 |
| subsection (a) of
Section 1
shall be distributed in the | 26 |
| following manner:
|
|
|
|
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LRB095 04004 RLC 24037 b |
|
| 1 |
| (1) one-half of each fine shall be distributed to the | 2 |
| unit of local
government or other entity that successfully | 3 |
| prosecuted the offender;
and
| 4 |
| (2) one-half shall be remitted to the State to be used | 5 |
| for enforcing this
Act.
One-half of each fine collected | 6 |
| under this
Section shall be distributed to the unit of | 7 |
| local government or other entity
that successfully | 8 |
| prosecuted the offender and one-half shall be remitted to | 9 |
| the
State to be used for enforcing this Act.
| 10 |
| (Source: P.A. 88-418.)
| 11 |
| Section 20. The Display of
Tobacco Products Act is amended | 12 |
| by changing Section 15 as follows: | 13 |
| (720 ILCS 677/15)
| 14 |
| Sec. 15. Vending machines. This Act does not prohibit the | 15 |
| sale
of tobacco products from vending machines if the location | 16 |
| of the
vending machines are in compliance with the provisions | 17 |
| of Section 1 of
the Prevention of Tobacco Use by
Sale of | 18 |
| Tobacco to Minors Act.
| 19 |
| (Source: P.A. 93-886, eff. 1-1-05.)
| 20 |
| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
|
|
|
|
HB0274 |
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LRB095 04004 RLC 24037 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 235 ILCS 5/6-16.1 |
|
| 4 |
| 705 ILCS 405/5-615 |
|
| 5 |
| 705 ILCS 405/5-710 |
|
| 6 |
| 720 ILCS 675/Act title |
|
| 7 |
| 720 ILCS 675/0.01 |
from Ch. 23, par. 2356.9 |
| 8 |
| 720 ILCS 675/1 |
from Ch. 23, par. 2357 |
| 9 |
| 720 ILCS 675/2 |
from Ch. 23, par. 2358 |
| 10 |
| 720 ILCS 677/15 |
|
| |
|