Full Text of HB0799 96th General Assembly
HB0799 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0799
Introduced 2/9/2009, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED: |
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235 ILCS 5/3-12 |
from Ch. 43, par. 108 |
235 ILCS 5/6-16.1 |
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705 ILCS 405/5-615 |
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705 ILCS 405/5-710 |
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720 ILCS 675/Act title |
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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 |
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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 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. |
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A BILL FOR
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HB0799 |
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LRB096 03884 RLC 13919 b |
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| AN ACT concerning criminal law.
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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 Sections 3-12 and 6-16.1 as follows: | 6 |
| (235 ILCS 5/3-12) (from Ch. 43, par. 108) | 7 |
| Sec. 3-12. Powers and duties of State Commission.
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| (a) The State commission shall have the following powers, | 9 |
| functions and
duties:
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| (1) To receive applications and to issue licenses to | 11 |
| manufacturers,
foreign importers, importing distributors, | 12 |
| distributors, non-resident dealers,
on premise consumption | 13 |
| retailers, off premise sale retailers, special event
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| retailer licensees, special use permit licenses, auction | 15 |
| liquor licenses, brew
pubs, caterer retailers, | 16 |
| non-beverage users, railroads, including owners and
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| lessees of sleeping, dining and cafe cars, airplanes, | 18 |
| boats, brokers, and wine
maker's premises licensees in | 19 |
| accordance with the provisions of this Act, and
to suspend | 20 |
| or revoke such licenses upon the State commission's | 21 |
| determination,
upon notice after hearing, that a licensee | 22 |
| has violated any provision of this
Act or any rule or | 23 |
| regulation issued pursuant thereto and in effect for 30 |
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| days
prior to such violation. Except in the case of an | 2 |
| action taken pursuant to a
violation of Section 6-3, 6-5, | 3 |
| or 6-9, any action by the State Commission to
suspend or | 4 |
| revoke a licensee's license may be limited to the license | 5 |
| for the
specific premises where the violation occurred.
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| In lieu of suspending or revoking a license, the | 7 |
| commission may impose
a fine, upon the State commission's | 8 |
| determination and notice after hearing,
that a licensee has | 9 |
| violated any provision of this Act or any rule or
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| regulation issued pursuant thereto and in effect for 30 | 11 |
| days prior to such
violation. The fine imposed under this | 12 |
| paragraph may not exceed $500 for each
violation. Each day | 13 |
| that the activity, which gave rise to the original fine,
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| continues is a separate violation. The maximum fine that | 15 |
| may be levied against
any licensee, for the period of the | 16 |
| license, shall not exceed $20,000.
The maximum penalty that | 17 |
| may be imposed on a licensee for selling a bottle of
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| alcoholic liquor with a foreign object in it or serving | 19 |
| from a bottle of
alcoholic liquor with a foreign object in | 20 |
| it shall be the destruction of that
bottle of alcoholic | 21 |
| liquor for the first 10 bottles so sold or served from by
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| the licensee. For the eleventh bottle of alcoholic liquor | 23 |
| and for each third
bottle thereafter sold or served from by | 24 |
| the licensee with a foreign object in
it, the maximum | 25 |
| penalty that may be imposed on the licensee is the | 26 |
| destruction
of the bottle of alcoholic liquor and a fine of |
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| up to $50.
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| (2) To adopt such rules and regulations consistent with | 3 |
| the
provisions of this Act which shall be necessary to | 4 |
| carry on its
functions and duties to the end that the | 5 |
| health, safety and welfare of
the People of the State of | 6 |
| Illinois shall be protected and temperance in
the | 7 |
| consumption of alcoholic liquors shall be fostered and | 8 |
| promoted and
to distribute copies of such rules and | 9 |
| regulations to all licensees
affected thereby.
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| (3) To call upon other administrative departments of | 11 |
| the State,
county and municipal governments, county and | 12 |
| city police departments and
upon prosecuting officers for | 13 |
| such information and assistance as it
deems necessary in | 14 |
| the performance of its duties.
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| (4) To recommend to local commissioners rules and | 16 |
| regulations, not
inconsistent with the law, for the | 17 |
| distribution and sale of alcoholic
liquors throughout the | 18 |
| State.
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| (5) To inspect, or cause to be inspected, any
premises | 20 |
| in this State
where alcoholic liquors are manufactured, | 21 |
| distributed, warehoused, or
sold.
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| (5.1) Upon receipt of a complaint or upon having | 23 |
| knowledge that any person
is engaged in business as a | 24 |
| manufacturer, importing distributor, distributor,
or | 25 |
| retailer without a license or valid license, to notify the | 26 |
| local liquor
authority, file a complaint with the State's |
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| Attorney's Office of the county
where the incident | 2 |
| occurred, or initiate an investigation with the | 3 |
| appropriate
law enforcement officials.
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| (5.2) To issue a cease and desist notice to persons | 5 |
| shipping alcoholic
liquor
into this State from a point | 6 |
| outside of this State if the shipment is in
violation of | 7 |
| this Act.
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| (5.3) To receive complaints from licensees, local | 9 |
| officials, law
enforcement agencies, organizations, and | 10 |
| persons stating that any licensee has
been or is violating | 11 |
| any provision of this Act or the rules and regulations
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| issued pursuant to this Act. Such complaints shall be in | 13 |
| writing, signed and
sworn to by the person making the | 14 |
| complaint, and shall state with specificity
the facts in | 15 |
| relation to the alleged violation. If the Commission has
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| reasonable grounds to believe that the complaint | 17 |
| substantially alleges a
violation of this Act or rules and | 18 |
| regulations adopted pursuant to this Act, it
shall conduct | 19 |
| an investigation. If, after conducting an investigation, | 20 |
| the
Commission is satisfied that the alleged violation did | 21 |
| occur, it shall proceed
with disciplinary action against | 22 |
| the licensee as provided in this Act.
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| (6) To hear and determine appeals from orders of a | 24 |
| local commission
in accordance with the provisions of this | 25 |
| Act, as hereinafter set forth.
Hearings under this | 26 |
| subsection shall be held in Springfield or Chicago,
at |
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| whichever location is the more convenient for the majority | 2 |
| of persons
who are parties to the hearing.
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| (7) The commission shall establish uniform systems of | 4 |
| accounts to be
kept by all retail licensees having more | 5 |
| than 4 employees, and for this
purpose the commission may | 6 |
| classify all retail licensees having more
than 4 employees | 7 |
| and establish a uniform system of accounts for each
class | 8 |
| and prescribe the manner in which such accounts shall be | 9 |
| kept.
The commission may also prescribe the forms of | 10 |
| accounts to be kept by
all retail licensees having more | 11 |
| than 4 employees, including but not
limited to accounts of | 12 |
| earnings and expenses and any distribution,
payment, or | 13 |
| other distribution of earnings or assets, and any other
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| forms, records and memoranda which in the judgment of the | 15 |
| commission may
be necessary or appropriate to carry out any | 16 |
| of the provisions of this
Act, including but not limited to | 17 |
| such forms, records and memoranda as
will readily and | 18 |
| accurately disclose at all times the beneficial
ownership | 19 |
| of such retail licensed business. The accounts, forms,
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| records and memoranda shall be available at all reasonable | 21 |
| times for
inspection by authorized representatives of the | 22 |
| State commission or by
any local liquor control | 23 |
| commissioner or his or her authorized representative.
The | 24 |
| commission, may, from time to time, alter, amend or repeal, | 25 |
| in whole
or in part, any uniform system of accounts, or the | 26 |
| form and manner of
keeping accounts.
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| (8) In the conduct of any hearing authorized to be held | 2 |
| by the
commission, to appoint, at the commission's | 3 |
| discretion, hearing officers
to conduct hearings involving | 4 |
| complex issues or issues that will require a
protracted | 5 |
| period of time to resolve, to examine, or cause to be | 6 |
| examined,
under oath, any licensee, and to examine or cause | 7 |
| to be examined the books and
records
of such licensee; to | 8 |
| hear testimony and take proof material for its
information | 9 |
| in the discharge of its duties hereunder; to administer or
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| cause to be administered oaths; for any such purpose to | 11 |
| issue
subpoena or subpoenas to require the attendance of | 12 |
| witnesses and the
production of books, which shall be | 13 |
| effective in any part of this State, and
to adopt rules to | 14 |
| implement its powers under this paragraph (8).
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| Any Circuit Court may by order duly entered,
require | 16 |
| the attendance of witnesses and the production of relevant | 17 |
| books
subpoenaed by the State commission and the court may | 18 |
| compel
obedience to its order by proceedings for contempt.
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| (9) To investigate the administration of laws in | 20 |
| relation to
alcoholic liquors in this and other states and | 21 |
| any foreign countries,
and to recommend from time to time | 22 |
| to the Governor and through him or
her to the legislature | 23 |
| of this State, such amendments to this Act, if any, as
it | 24 |
| may think desirable and as will serve to further the | 25 |
| general broad
purposes contained in Section 1-2 hereof.
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| (10) To adopt such rules and regulations consistent |
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| with the
provisions of this Act which shall be necessary | 2 |
| for the control, sale or
disposition of alcoholic liquor | 3 |
| damaged as a result of an accident, wreck,
flood, fire or | 4 |
| other similar occurrence.
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| (11) To develop industry educational programs related | 6 |
| to responsible
serving and selling, particularly in the | 7 |
| areas of overserving consumers and
illegal underage | 8 |
| purchasing and consumption of alcoholic beverages.
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| (11.1) To license persons providing education and | 10 |
| training to alcohol
beverage sellers and servers under the
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| Beverage Alcohol Sellers and Servers
Education and | 12 |
| Training (BASSET) programs and to develop and administer a | 13 |
| public
awareness program in Illinois to reduce or eliminate | 14 |
| the illegal purchase and
consumption of alcoholic beverage | 15 |
| products by persons under the age of 21.
Application for a | 16 |
| license shall be made on forms provided by the State
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| Commission.
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| (12) To develop and maintain a repository of license | 19 |
| and regulatory
information.
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| (13) On or before January 15, 1994, the Commission | 21 |
| shall issue
a written report to the Governor and General | 22 |
| Assembly that is to be based on a
comprehensive study of | 23 |
| the impact on and implications for the State of Illinois
of | 24 |
| Section 1926 of the Federal ADAMHA Reorganization Act of | 25 |
| 1992 (Public Law
102-321). This study shall address the | 26 |
| extent to which Illinois currently
complies with the |
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| provisions of P.L. 102-321 and the rules promulgated | 2 |
| pursuant
thereto.
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| As part of its report, the Commission shall provide the | 4 |
| following essential
information:
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| (i) the number of retail distributors of tobacco | 6 |
| products, by type and
geographic area, in the State;
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| (ii) the number of reported citations and | 8 |
| successful convictions,
categorized by type and | 9 |
| location of retail distributor, for violation of the
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| Prevention of Tobacco Use by Sale of Tobacco to Minors | 11 |
| Act and the Smokeless
Tobacco Limitation Act;
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| (iii) the extent and nature of organized | 13 |
| educational and governmental
activities that are | 14 |
| intended to promote, encourage or otherwise secure
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| compliance with any Illinois laws that prohibit the | 16 |
| sale or distribution of
tobacco products to minors; and
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| (iv) the level of access and availability of | 18 |
| tobacco products to
individuals under the age of 18.
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| To obtain the data necessary to comply with the | 20 |
| provisions of P.L. 102-321
and the requirements of this | 21 |
| report, the Commission shall conduct random,
unannounced | 22 |
| inspections of a geographically and scientifically | 23 |
| representative
sample of the State's retail tobacco | 24 |
| distributors.
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| The Commission shall consult with the Department of | 26 |
| Public Health, the
Department of Human Services, the
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| Illinois State Police and any
other executive branch | 2 |
| agency, and private organizations that may have
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| information relevant to this report.
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| The Commission may contract with the Food and Drug | 5 |
| Administration of the
U.S. Department of Health and Human | 6 |
| Services to conduct unannounced
investigations of Illinois | 7 |
| tobacco vendors to determine compliance with federal
laws | 8 |
| relating to the illegal sale of cigarettes and smokeless | 9 |
| tobacco products
to persons under the age of 18.
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| (14) On or before April 30, 2008 and every 2 years
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| thereafter, the Commission shall present a written
report | 12 |
| to the Governor and the General Assembly that shall
be | 13 |
| based on a study of the impact of this amendatory Act of
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| the 95th General Assembly on the business of soliciting,
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| selling, and shipping wine from inside and outside of this
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| State directly to residents of this State. As part of its
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| report, the Commission shall provide all of the
following | 18 |
| information: | 19 |
| (A) The amount of State excise and sales tax
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| revenues generated. | 21 |
| (B) The amount of licensing fees received. | 22 |
| (C) The number of cases of wine shipped from inside
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| and outside of this State directly to residents of this
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| State. | 25 |
| (D) The number of alcohol compliance operations
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| conducted. |
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| (E) The number of winery shipper's licenses
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| issued. | 3 |
| (F) The number of each of the following: reported
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| violations; cease and desist notices issued by the
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| Commission; notices of violations issued by
the | 6 |
| Commission and to the Department of Revenue;
and | 7 |
| notices and complaints of violations to law
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| enforcement officials, including, without limitation,
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| the Illinois Attorney General and the U.S. Department
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| of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | 11 |
| (15) As a means to reduce the underage consumption of
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| alcoholic liquors, the Commission shall conduct
alcohol | 13 |
| compliance operations to investigate whether
businesses | 14 |
| that are soliciting, selling, and shipping wine
from inside | 15 |
| or outside of this State directly to residents
of this | 16 |
| State are licensed by this State or are selling or
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| attempting to sell wine to persons under 21 years of age in
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| violation of this Act. | 19 |
| (16) The Commission shall, in addition to
notifying any | 20 |
| appropriate law enforcement agency, submit
notices of | 21 |
| complaints or violations of Sections 6-29 and
6-29.1 by | 22 |
| persons who do not hold a winery shipper's
license under | 23 |
| this amendatory Act to the Illinois Attorney General and
to | 24 |
| the U.S. Department of Treasury's Alcohol and Tobacco Tax | 25 |
| and Trade Bureau. | 26 |
| (17) (A) A person licensed to make wine under the laws |
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| of another state who has a winery shipper's license under | 2 |
| this amendatory Act and annually produces less than 25,000 | 3 |
| gallons of wine or a person who has a first-class or | 4 |
| second-class wine manufacturer's license, a first-class or | 5 |
| second-class wine-maker's license, or a limited wine | 6 |
| manufacturer's license under this Act and annually | 7 |
| produces less than 25,000 gallons of wine may make | 8 |
| application to the Commission for a self-distribution | 9 |
| exemption to allow the sale of not more than 5,000 gallons | 10 |
| of the exemption holder's wine to retail licensees per | 11 |
| year. | 12 |
| (B) In the application, which shall be sworn under | 13 |
| penalty of perjury, such person shall state (1) the | 14 |
| date it was established; (2) its volume of production | 15 |
| and sales for each year since its establishment; (3) | 16 |
| its efforts to establish distributor relationships; | 17 |
| (4) that a self-distribution exemption is necessary to | 18 |
| facilitate the marketing of its wine; and (5) that it | 19 |
| will comply with the liquor and revenue laws of the | 20 |
| United States, this State, and any other state where it | 21 |
| is licensed. | 22 |
| (C) The Commission shall approve the application | 23 |
| for a self-distribution exemption if such person: (1) | 24 |
| is in compliance with State revenue and liquor laws; | 25 |
| (2) is not a member of any affiliated group that | 26 |
| produces more than 25,000 gallons of wine per annum or |
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| produces any other alcoholic liquor; (3) will not | 2 |
| annually produce for sale more than 25,000 gallons of | 3 |
| wine; and (4) will not annually sell more than 5,000 | 4 |
| gallons of its wine to retail licensees. | 5 |
| (D) A self-distribution exemption holder shall | 6 |
| annually certify to the Commission its production of | 7 |
| wine in the previous 12 months and its anticipated | 8 |
| production and sales for the next 12 months. The | 9 |
| Commission may fine, suspend, or revoke a | 10 |
| self-distribution exemption after a hearing if it | 11 |
| finds that the exemption holder has made a material | 12 |
| misrepresentation in its application, violated a | 13 |
| revenue or liquor law of Illinois, exceeded production | 14 |
| of 25,000 gallons of wine in any calendar year, or | 15 |
| become part of an affiliated group producing more than | 16 |
| 25,000 gallons of wine or any other alcoholic liquor. | 17 |
| (E) Except in hearings for violations of this Act | 18 |
| or amendatory Act or a bona fide investigation by duly | 19 |
| sworn law enforcement officials, the Commission, or | 20 |
| its agents, the Commission shall maintain the | 21 |
| production and sales information of a | 22 |
| self-distribution exemption holder as confidential and | 23 |
| shall not release such information to any person. | 24 |
| (F) The Commission shall issue regulations | 25 |
| governing self-distribution exemptions consistent with | 26 |
| this Section and this Act. |
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| (G) Nothing in this subsection (17) shall prohibit | 2 |
| a self-distribution exemption holder from entering | 3 |
| into or simultaneously having a distribution agreement | 4 |
| with a licensed Illinois distributor. | 5 |
| (H) It is the intent of this subsection (17) to | 6 |
| promote and continue orderly markets. The General | 7 |
| Assembly finds that in order to preserve Illinois' | 8 |
| regulatory distribution system it is necessary to | 9 |
| create an exception for smaller makers of wine as their | 10 |
| wines are frequently adjusted in varietals, mixes, | 11 |
| vintages, and taste to find and create market niches | 12 |
| sometimes too small for distributor or importing | 13 |
| distributor business strategies. Limited | 14 |
| self-distribution rights will afford and allow smaller | 15 |
| makers of wine access to the marketplace in order to | 16 |
| develop a customer base without impairing the | 17 |
| integrity of the 3-tier system.
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| (b) On or before April 30, 1999, the Commission shall | 19 |
| present a written
report to the Governor and the General | 20 |
| Assembly that shall be based on a study
of the impact of this | 21 |
| amendatory Act of 1998 on the business of soliciting,
selling, | 22 |
| and shipping
alcoholic liquor from outside of this State | 23 |
| directly to residents of this
State.
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| As part of its report, the Commission shall provide the | 25 |
| following
information:
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| (i) the amount of State excise and sales tax revenues |
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| generated as a
result of this amendatory Act of 1998;
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| (ii) the amount of licensing fees received as a result | 3 |
| of this amendatory
Act of 1998;
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| (iii) the number of reported violations, the number of | 5 |
| cease and desist
notices issued by the Commission, the | 6 |
| number of notices of violations issued
to the Department of | 7 |
| Revenue, and the number of notices and complaints of
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| violations to law enforcement officials.
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| (Source: P.A. 95-634, eff. 6-1-08 .)
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| (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, | 13 |
| representative, agent, or employee of a licensee may sell, | 14 |
| give, or
deliver alcoholic liquor to a person under the age of | 15 |
| 21 years or authorize the
sale, gift, or delivery of alcoholic | 16 |
| liquor to a person under the age of 21
years pursuant to a plan | 17 |
| or action to investigate, patrol, or otherwise conduct
a "sting | 18 |
| operation" or enforcement action against a person employed by | 19 |
| the
licensee or on any licensed premises if the licensee or | 20 |
| officer, associate,
member, representative, agent, or employee | 21 |
| of the licensee provides written
notice, at least 14 days | 22 |
| before the "sting operation" or enforcement action,
unless | 23 |
| governing body of the municipality or county having | 24 |
| jurisdiction sets a
shorter period by ordinance, to the law | 25 |
| enforcement agency having jurisdiction,
the local liquor |
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| control commissioner, or both. Notice provided under this
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| Section shall be valid for a "sting operation" or enforcement | 3 |
| action conducted
within 60 days of the provision of that | 4 |
| notice, unless the governing body of
the municipality or county | 5 |
| having jurisdiction sets a shorter period by
ordinance.
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| (b) A local liquor control commission or unit of local | 7 |
| government that
conducts alcohol and tobacco compliance | 8 |
| operations shall establish a policy and
standards for alcohol | 9 |
| and tobacco compliance operations to investigate whether
a | 10 |
| licensee is furnishing (1) alcoholic liquor to persons under 21 | 11 |
| years of age
in violation of this Act or (2) tobacco to persons | 12 |
| in violation of the Prevention of Tobacco Use by
Sale of
| 13 |
| Tobacco to Minors Act.
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| (c) The Illinois Law Enforcement Training Standards Board | 15 |
| shall
develop a model policy and guidelines for the operation | 16 |
| of alcohol and tobacco
compliance checks by local law | 17 |
| enforcement officers. The Illinois Law
Enforcement Training | 18 |
| Standards Board shall also require the supervising
officers of | 19 |
| such compliance checks to have met a minimum training standard | 20 |
| as
determined by the Board. The Board shall have the right to | 21 |
| waive any training
based on current written policies and | 22 |
| procedures for alcohol and tobacco
compliance check operations | 23 |
| and in-service training already administered by
the local law | 24 |
| enforcement agency, department, or office.
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| (d) The provisions of subsections (b) and (c) do not apply | 26 |
| 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 | 2 |
| than 2,000,000
inhabitants, may not regulate enforcement | 3 |
| actions in a manner inconsistent with
the regulation of | 4 |
| enforcement actions under this Section. This subsection (e)
is | 5 |
| a limitation under subsection (i) of Section 6 of Article VII | 6 |
| of the
Illinois Constitution on the concurrent exercise by home | 7 |
| 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 | 9 |
| or "sting
operation" under this Section and is found, pursuant | 10 |
| to the enforcement action,
to be in compliance with this Act | 11 |
| shall be notified by the enforcement agency action that no | 12 |
| violation was found within 30 days after the finding.
| 13 |
| (Source: P.A. 92-503, eff. 1-1-02; 93-1057, eff. 12-2-04.)
| 14 |
| Section 10. The Juvenile Court Act of 1987 is amended by | 15 |
| changing
Sections 5-615 and 5-710 as follows:
| 16 |
| (705 ILCS 405/5-615)
| 17 |
| Sec. 5-615. Continuance under supervision.
| 18 |
| (1) The court may enter an order of continuance under | 19 |
| supervision for an
offense other than first degree murder, a | 20 |
| Class X felony or a forcible felony
(a) upon an admission or | 21 |
| stipulation by the appropriate respondent or minor
respondent | 22 |
| of the facts supporting the
petition and before proceeding to | 23 |
| adjudication, or after hearing the evidence
at the trial, and | 24 |
| (b) in the absence of objection made in open court by the
|
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| minor, his or her parent, guardian, or legal custodian, the | 2 |
| minor's attorney or
the
State's Attorney.
| 3 |
| (2) If the minor, his or her parent, guardian, or legal | 4 |
| custodian, the
minor's
attorney or State's Attorney objects in | 5 |
| open court to any continuance and
insists upon proceeding to | 6 |
| findings and adjudication, the court shall so
proceed.
| 7 |
| (3) Nothing in this Section limits the power of the court | 8 |
| to order a
continuance of the hearing for the production of | 9 |
| additional evidence or for any
other proper reason.
| 10 |
| (4) When a hearing where a minor is alleged to be a | 11 |
| delinquent is
continued
pursuant to this Section, the period of | 12 |
| continuance under supervision may not
exceed 24 months. The | 13 |
| court may terminate a continuance under supervision at
any time | 14 |
| if warranted by the conduct of the minor and the ends of | 15 |
| justice.
| 16 |
| (5) When a hearing where a minor is alleged to be | 17 |
| delinquent is continued
pursuant to this Section, the court | 18 |
| may, as conditions of the continuance under
supervision, | 19 |
| require the minor to do any of the following:
| 20 |
| (a) not violate any criminal statute of any | 21 |
| jurisdiction;
| 22 |
| (b) make a report to and appear in person before any | 23 |
| person or agency as
directed by the court;
| 24 |
| (c) work or pursue a course of study or vocational | 25 |
| training;
| 26 |
| (d) undergo medical or psychotherapeutic treatment |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| rendered by a therapist
licensed under the provisions of | 2 |
| the Medical Practice Act of 1987, the
Clinical Psychologist | 3 |
| Licensing Act, or the Clinical Social Work and Social
Work | 4 |
| Practice Act, or an entity licensed by the Department of | 5 |
| Human Services as
a successor to the Department of | 6 |
| Alcoholism and Substance Abuse, for the
provision of drug | 7 |
| addiction and alcoholism treatment;
| 8 |
| (e) attend or reside in a facility established for the | 9 |
| instruction or
residence of persons on probation;
| 10 |
| (f) support his or her dependents, if any;
| 11 |
| (g) pay costs;
| 12 |
| (h) refrain from possessing a firearm or other | 13 |
| dangerous weapon, or an
automobile;
| 14 |
| (i) permit the probation officer to visit him or her at | 15 |
| his or her home or
elsewhere;
| 16 |
| (j) reside with his or her parents or in a foster home;
| 17 |
| (k) attend school;
| 18 |
| (k-5) with the consent of the superintendent
of the
| 19 |
| facility, attend an educational program at a facility other | 20 |
| than the school
in which the
offense was committed if he
or | 21 |
| she committed a crime of violence as
defined in
Section 2 | 22 |
| of the Crime Victims Compensation Act in a school, on the
| 23 |
| real
property
comprising a school, or within 1,000 feet of | 24 |
| the real property comprising a
school;
| 25 |
| (l) attend a non-residential program for youth;
| 26 |
| (m) contribute to his or her own support at home or in |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| a foster home;
| 2 |
| (n) perform some reasonable public or community | 3 |
| service;
| 4 |
| (o) make restitution to the victim, in the same manner | 5 |
| and under the same
conditions as provided in subsection (4) | 6 |
| of Section 5-710, except that the
"sentencing hearing" | 7 |
| referred
to in that Section shall be the adjudicatory | 8 |
| hearing for purposes of this
Section;
| 9 |
| (p) comply with curfew requirements as designated by | 10 |
| the court;
| 11 |
| (q) refrain from entering into a designated geographic | 12 |
| area except upon
terms as the court finds appropriate. The | 13 |
| terms may include consideration of
the purpose of the | 14 |
| entry, the time of day, other persons accompanying the
| 15 |
| minor, and advance approval by a probation officer;
| 16 |
| (r) refrain from having any contact, directly or | 17 |
| indirectly, with certain
specified persons or particular | 18 |
| types of persons, including but not limited to
members of | 19 |
| street gangs and drug users or dealers;
| 20 |
| (r-5) undergo a medical or other procedure to have a | 21 |
| tattoo symbolizing
allegiance to a street gang removed from | 22 |
| his or her body;
| 23 |
| (s) refrain from having in his or her body the presence | 24 |
| of any illicit
drug
prohibited by the Cannabis Control Act, | 25 |
| the Illinois Controlled Substances
Act, or the | 26 |
| Methamphetamine Control and Community Protection Act, |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| unless prescribed by a physician, and submit samples of his | 2 |
| or her blood
or urine or both for tests to determine the | 3 |
| presence of any illicit drug; or
| 4 |
| (t) comply with any other conditions as may be ordered | 5 |
| by the court.
| 6 |
| (6) A minor whose case is continued under supervision under | 7 |
| subsection (5)
shall be given a certificate setting forth the | 8 |
| conditions imposed by the court.
Those conditions may be | 9 |
| reduced, enlarged, or modified by the court on motion
of the | 10 |
| probation officer or on its own motion, or that of the State's | 11 |
| Attorney,
or, at the request of the minor after notice and | 12 |
| hearing.
| 13 |
| (7) If a petition is filed charging a violation of a | 14 |
| condition of the
continuance under supervision, the court shall | 15 |
| conduct a hearing. If the court
finds that a condition of | 16 |
| supervision has not been fulfilled, the court may
proceed to | 17 |
| findings and adjudication and disposition. The filing of a | 18 |
| petition
for violation of a condition of the continuance under | 19 |
| supervision shall toll
the period of continuance under | 20 |
| supervision until the final determination of
the charge, and | 21 |
| the term of the continuance under supervision shall not run
| 22 |
| until the hearing and disposition of the petition for | 23 |
| violation; provided
where the petition alleges conduct that | 24 |
| does not constitute a criminal offense,
the hearing must be | 25 |
| held within 30 days of the filing of the petition unless a
| 26 |
| delay shall continue the tolling of the period of continuance |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| under supervision
for the period of
the delay.
| 2 |
| (8) When a hearing in which a minor is alleged to be a | 3 |
| delinquent for
reasons that include a violation of Section | 4 |
| 21-1.3 of the Criminal Code of 1961
is continued under this | 5 |
| Section, the court shall, as a condition of the
continuance | 6 |
| under supervision, require the minor to perform community | 7 |
| service
for not less than 30 and not more than 120 hours, if | 8 |
| community service is
available in the jurisdiction. The | 9 |
| community service shall include, but need
not be limited to, | 10 |
| the cleanup and repair of the damage that was caused by the
| 11 |
| alleged violation or similar damage to property located in the | 12 |
| municipality or
county in which the alleged violation occurred. | 13 |
| The condition may be in
addition to any other condition.
| 14 |
| (8.5) When a hearing in which a minor is alleged to be a | 15 |
| delinquent for
reasons
that include a violation of Section 3.02 | 16 |
| or Section 3.03 of the Humane Care for
Animals Act or paragraph | 17 |
| (d) of subsection (1)
of Section
21-1 of the Criminal Code of | 18 |
| 1961 is continued under this Section, the court
shall, as a
| 19 |
| condition of the continuance under supervision, require the | 20 |
| minor to undergo
medical or
psychiatric treatment rendered by a | 21 |
| psychiatrist or psychological treatment
rendered by a
clinical | 22 |
| psychologist. The condition may be in addition to any other
| 23 |
| condition.
| 24 |
| (9) When a hearing in which a minor is alleged to be a | 25 |
| delinquent is
continued under this Section, the court, before | 26 |
| continuing the case, shall make
a finding whether the offense |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| alleged to have been committed either: (i) was
related to or in | 2 |
| furtherance of the activities of an organized gang or was
| 3 |
| motivated by the minor's membership in or allegiance to an | 4 |
| organized gang, or
(ii) is a violation of paragraph (13) of | 5 |
| subsection (a) of Section 12-2 of the
Criminal Code of 1961, a | 6 |
| violation of any Section of Article 24 of the
Criminal Code of | 7 |
| 1961, or a violation of any statute that involved the unlawful
| 8 |
| use of a firearm. If the court determines the question in the | 9 |
| affirmative the
court shall, as a condition of the continuance | 10 |
| under supervision and as part of
or in addition to any other | 11 |
| condition of the supervision,
require the minor to perform | 12 |
| community service for not less than 30 hours,
provided that | 13 |
| community service is available in the
jurisdiction and is | 14 |
| funded and approved by the county board of the county where
the | 15 |
| offense was committed. The community service shall include, but | 16 |
| need not
be limited to, the cleanup and repair of any damage | 17 |
| caused by an alleged
violation of Section 21-1.3 of the | 18 |
| Criminal Code of 1961 and similar damage to
property located in | 19 |
| the municipality or county in which the alleged violation
| 20 |
| occurred. When possible and reasonable, the community service | 21 |
| shall be
performed in the minor's neighborhood. For the | 22 |
| purposes of this Section,
"organized gang" has the meaning | 23 |
| ascribed to it in Section 10 of the Illinois
Streetgang | 24 |
| Terrorism Omnibus Prevention Act.
| 25 |
| (10) The court shall impose upon a minor placed on | 26 |
| supervision, as a
condition of the supervision, a fee of $25 |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| for each month of supervision
ordered by the court, unless | 2 |
| after determining the inability of the minor
placed on | 3 |
| supervision to pay the fee, the court assesses a lesser amount. | 4 |
| The
court may not impose the fee on a minor who is made a ward | 5 |
| of the State under
this Act while the minor is in placement. | 6 |
| The fee shall be imposed only upon a
minor who is actively | 7 |
| supervised by the probation and court services
department. A | 8 |
| court may order the parent, guardian, or legal custodian of the
| 9 |
| minor to pay some or all of the fee on the minor's behalf.
| 10 |
| (11) If a minor is placed on supervision for a violation of
| 11 |
| subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 12 |
| by Minors Act, the
court may, in its discretion, and upon
| 13 |
| recommendation by the State's Attorney, order that minor and | 14 |
| his or her parents
or legal
guardian to attend a smoker's | 15 |
| education or youth diversion program as defined
in that Act if | 16 |
| that
program is available in the jurisdiction where the | 17 |
| offender resides.
Attendance at a smoker's education or youth | 18 |
| diversion program
shall be time-credited against any community | 19 |
| service time imposed for any
first violation of subsection | 20 |
| (a-7) of Section 1 of that Act. In addition to any
other
| 21 |
| penalty
that the court may impose for a violation of subsection | 22 |
| (a-7) of Section 1 of
that Act, the
court, upon request by the | 23 |
| State's Attorney, may in its discretion
require
the offender to | 24 |
| remit a fee for his or her attendance at a smoker's
education | 25 |
| or
youth diversion program.
| 26 |
| For purposes of this Section, "smoker's education program" |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| or "youth
diversion program" includes, but is not limited to, a | 2 |
| seminar designed to
educate a person on the physical and | 3 |
| psychological effects of smoking tobacco
products and the | 4 |
| health consequences of smoking tobacco products that can be
| 5 |
| conducted with a locality's youth diversion program.
| 6 |
| In addition to any other penalty that the court may impose | 7 |
| under this
subsection
(11):
| 8 |
| (a) If a minor violates subsection (a-7) of Section 1 | 9 |
| of the Prevention of
Tobacco Use by Minors Act, the court | 10 |
| may
impose a sentence of 15 hours of
community service or a | 11 |
| fine of $25 for a first violation.
| 12 |
| (b) A second violation by a minor of subsection (a-7) | 13 |
| of Section 1 of that Act
that occurs
within 12 months after | 14 |
| the first violation is punishable by a fine of $50 and
25
| 15 |
| hours of community service.
| 16 |
| (c) A third or subsequent violation by a minor of | 17 |
| subsection (a-7) of Section
1 of that Act
that
occurs | 18 |
| within 12 months after the first violation is punishable by | 19 |
| a $100
fine
and 30 hours of community service.
| 20 |
| (d) Any second or subsequent violation not within the | 21 |
| 12-month time period
after the first violation is | 22 |
| punishable as provided for a first violation.
| 23 |
| (Source: P.A. eff. 1-1-00; 94-556, eff. 9-11-05.)
| 24 |
| (705 ILCS 405/5-710)
| 25 |
| Sec. 5-710. Kinds of sentencing orders.
|
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 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 15 years of age or, pursuant | 22 |
| to Article II of this Act, a minor for whom an | 23 |
| independent basis of abuse, neglect, or dependency | 24 |
| exists. An independent basis exists when the | 25 |
| allegations or adjudication of abuse, neglect, or | 26 |
| dependency do not arise from the same facts, incident, |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| or circumstances which give rise to a charge or | 2 |
| adjudication of delinquency;
| 3 |
| (v) placed in detention for a period not to exceed | 4 |
| 30 days, either as
the
exclusive order of disposition | 5 |
| or, where appropriate, in conjunction with any
other | 6 |
| order of disposition issued under this paragraph, | 7 |
| provided that any such
detention shall be in a juvenile | 8 |
| detention home and the minor so detained shall
be 10 | 9 |
| years of age or older. However, the 30-day limitation | 10 |
| may be extended by
further order of the court for a | 11 |
| minor under age 15 committed to the Department
of | 12 |
| Children and Family Services if the court finds that | 13 |
| the minor is a danger
to himself or others. The minor | 14 |
| shall be given credit on the sentencing order
of | 15 |
| detention for time spent in detention under Sections | 16 |
| 5-501, 5-601, 5-710, or
5-720 of this
Article as a | 17 |
| result of the offense for which the sentencing order | 18 |
| was imposed.
The court may grant credit on a sentencing | 19 |
| order of detention entered under a
violation of | 20 |
| probation or violation of conditional discharge under | 21 |
| Section
5-720 of this Article for time spent in | 22 |
| detention before the filing of the
petition
alleging | 23 |
| the violation. A minor shall not be deprived of credit | 24 |
| for time spent
in detention before the filing of a | 25 |
| violation of probation or conditional
discharge | 26 |
| alleging the same or related act or acts;
|
|
|
|
HB0799 |
- 27 - |
LRB096 03884 RLC 13919 b |
|
| 1 |
| (vi) ordered partially or completely emancipated | 2 |
| in accordance with the
provisions of the Emancipation | 3 |
| of Minors Act;
| 4 |
| (vii) subject to having his or her driver's license | 5 |
| or driving
privileges
suspended for such time as | 6 |
| determined by the court but only until he or she
| 7 |
| attains 18 years of age;
| 8 |
| (viii) put on probation or conditional discharge | 9 |
| and placed in detention
under Section 3-6039 of the | 10 |
| Counties Code for a period not to exceed the period
of | 11 |
| incarceration permitted by law for adults found guilty | 12 |
| of the same offense
or offenses for which the minor was | 13 |
| adjudicated delinquent, and in any event no
longer than | 14 |
| upon attainment of age 21; this subdivision (viii) | 15 |
| notwithstanding
any contrary provision of the law; or
| 16 |
| (ix) ordered to undergo a medical or other | 17 |
| procedure to have a tattoo
symbolizing allegiance to a | 18 |
| street gang removed from his or her body.
| 19 |
| (b) A minor found to be guilty may be committed to the | 20 |
| Department of
Juvenile Justice under Section 5-750 if the | 21 |
| minor is 13 years of age or
older,
provided that the | 22 |
| commitment to the Department of Juvenile Justice shall be | 23 |
| made only if a term of incarceration is permitted by law | 24 |
| for
adults found guilty of the offense for which the minor | 25 |
| was adjudicated
delinquent. The time during which a minor | 26 |
| is in custody before being released
upon the request of a |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| parent, guardian or legal custodian shall be considered
as | 2 |
| time spent in detention.
| 3 |
| (c) When a minor is found to be guilty for an offense | 4 |
| which is a violation
of the Illinois Controlled Substances | 5 |
| Act, the Cannabis Control Act, or the Methamphetamine | 6 |
| Control and Community Protection Act and made
a ward of the | 7 |
| court, the court may enter a disposition order requiring | 8 |
| the
minor to undergo assessment,
counseling or treatment in | 9 |
| a substance abuse program approved by the Department
of | 10 |
| Human Services.
| 11 |
| (2) Any sentencing order other than commitment to the | 12 |
| Department of
Juvenile Justice may provide for protective | 13 |
| supervision under
Section 5-725 and may include an order of | 14 |
| protection under Section 5-730.
| 15 |
| (3) Unless the sentencing order expressly so provides, it | 16 |
| does not operate
to close proceedings on the pending petition, | 17 |
| but is subject to modification
until final closing and | 18 |
| discharge of the proceedings under Section 5-750.
| 19 |
| (4) In addition to any other sentence, the court may order | 20 |
| any
minor
found to be delinquent to make restitution, in | 21 |
| monetary or non-monetary form,
under the terms and conditions | 22 |
| of Section 5-5-6 of the Unified Code of
Corrections, except | 23 |
| that the "presentencing hearing" referred to in that
Section
| 24 |
| shall be
the sentencing hearing for purposes of this Section. | 25 |
| The parent, guardian or
legal custodian of the minor may be | 26 |
| ordered by the court to pay some or all of
the restitution on |
|
|
|
HB0799 |
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LRB096 03884 RLC 13919 b |
|
| 1 |
| the minor's behalf, pursuant to the Parental Responsibility
| 2 |
| Law. The State's Attorney is authorized to act
on behalf of any | 3 |
| victim in seeking restitution in proceedings under this
| 4 |
| Section, up to the maximum amount allowed in Section 5 of the | 5 |
| Parental
Responsibility Law.
| 6 |
| (5) Any sentencing order where the minor is committed or | 7 |
| placed in
accordance
with Section 5-740 shall provide for the | 8 |
| parents or guardian of the estate of
the minor to pay to the | 9 |
| legal custodian or guardian of the person of the minor
such | 10 |
| sums as are determined by the custodian or guardian of the | 11 |
| person of the
minor as necessary for the minor's needs. The | 12 |
| payments may not exceed the
maximum amounts provided for by | 13 |
| Section 9.1 of the Children and Family Services
Act.
| 14 |
| (6) Whenever the sentencing order requires the minor to | 15 |
| attend school or
participate in a program of training, the | 16 |
| truant officer or designated school
official shall regularly | 17 |
| report to the court if the minor is a chronic or
habitual | 18 |
| truant under Section 26-2a of the School Code. Notwithstanding | 19 |
| any other provision of this Act, in instances in which | 20 |
| educational services are to be provided to a minor in a | 21 |
| residential facility where the minor has been placed by the | 22 |
| court, costs incurred in the provision of those educational | 23 |
| services must be allocated based on the requirements of the | 24 |
| School Code.
| 25 |
| (7) In no event shall a guilty minor be committed to the | 26 |
| Department of
Juvenile Justice for a period of time in
excess |
|
|
|
HB0799 |
- 30 - |
LRB096 03884 RLC 13919 b |
|
| 1 |
| of
that period for which an adult could be committed for the | 2 |
| same act.
| 3 |
| (8) A minor found to be guilty for reasons that include a | 4 |
| violation of
Section 21-1.3 of the Criminal Code of 1961 shall | 5 |
| be ordered to perform
community service for not less than 30 | 6 |
| and not more than 120 hours, if
community service is available | 7 |
| in the jurisdiction. The community service
shall include, but | 8 |
| need not be limited to, the cleanup and repair of the damage
| 9 |
| that was caused by the violation or similar damage to property | 10 |
| located in the
municipality or county in which the violation | 11 |
| occurred. The order may be in
addition to any other order | 12 |
| authorized by this Section.
| 13 |
| (8.5) A minor found to be guilty for reasons that include a | 14 |
| violation of
Section
3.02 or Section 3.03 of the Humane Care | 15 |
| for Animals Act or paragraph (d) of
subsection (1) of
Section | 16 |
| 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | 17 |
| medical or psychiatric treatment rendered by
a
psychiatrist or | 18 |
| psychological treatment rendered by a clinical psychologist.
| 19 |
| The order
may be in addition to any other order authorized by | 20 |
| this Section.
| 21 |
| (9) In addition to any other sentencing order, the court | 22 |
| shall order any
minor found
to be guilty for an act which would | 23 |
| constitute, predatory criminal sexual
assault of a child, | 24 |
| aggravated criminal sexual assault, criminal sexual
assault, | 25 |
| aggravated criminal sexual abuse, or criminal sexual abuse if
| 26 |
| committed by an
adult to undergo medical testing to determine |
|
|
|
HB0799 |
- 31 - |
LRB096 03884 RLC 13919 b |
|
| 1 |
| whether the defendant has any
sexually transmissible disease | 2 |
| including a test for infection with human
immunodeficiency | 3 |
| virus (HIV) or any other identified causative agency of
| 4 |
| acquired immunodeficiency syndrome (AIDS). Any medical test | 5 |
| shall be performed
only by appropriately licensed medical | 6 |
| practitioners and may include an
analysis of any bodily fluids | 7 |
| as well as an examination of the minor's person.
Except as | 8 |
| otherwise provided by law, the results of the test shall be | 9 |
| kept
strictly confidential by all medical personnel involved in | 10 |
| the testing and must
be personally delivered in a sealed | 11 |
| envelope to the judge of the court in which
the sentencing | 12 |
| order was entered for the judge's inspection in camera. Acting
| 13 |
| in accordance with the best interests of the victim and the | 14 |
| public, the judge
shall have the discretion to determine to | 15 |
| whom the results of the testing may
be revealed. The court | 16 |
| shall notify the minor of the results of the test for
infection | 17 |
| with the human immunodeficiency virus (HIV). The court shall | 18 |
| also
notify the victim if requested by the victim, and if the | 19 |
| victim is under the
age of 15 and if requested by the victim's | 20 |
| parents or legal guardian, the court
shall notify the victim's | 21 |
| parents or the legal guardian, of the results of the
test for | 22 |
| infection with the human immunodeficiency virus (HIV). The | 23 |
| court
shall provide information on the availability of HIV | 24 |
| testing and counseling at
the Department of Public Health | 25 |
| facilities to all parties to whom the
results of the testing | 26 |
| are revealed. The court shall order that the cost of
any test |
|
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| shall be paid by the county and may be taxed as costs against | 2 |
| the
minor.
| 3 |
| (10) When a court finds a minor to be guilty the court | 4 |
| shall, before
entering a sentencing order under this Section, | 5 |
| make a finding whether the
offense committed either: (a) was | 6 |
| related to or in furtherance of the criminal
activities of an | 7 |
| organized gang or was motivated by the minor's membership in
or | 8 |
| allegiance to an organized gang, or (b) involved a violation of
| 9 |
| subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | 10 |
| a violation of
any
Section of Article 24 of the Criminal Code | 11 |
| of 1961, or a violation of any
statute that involved the | 12 |
| wrongful use of a firearm. If the court determines
the question | 13 |
| in the affirmative,
and the court does not commit the minor to | 14 |
| the Department of Juvenile Justice, the court shall order the | 15 |
| minor to perform community service
for not less than 30 hours | 16 |
| nor more than 120 hours, provided that community
service is | 17 |
| available in the jurisdiction and is funded and approved by the
| 18 |
| county board of the county where the offense was committed. The | 19 |
| community
service shall include, but need not be limited to, | 20 |
| the cleanup and repair of
any damage caused by a violation of | 21 |
| Section 21-1.3 of the Criminal Code of 1961
and similar damage | 22 |
| to property located in the municipality or county in which
the | 23 |
| violation occurred. When possible and reasonable, the | 24 |
| community service
shall be performed in the minor's | 25 |
| neighborhood. This order shall be in
addition to any other | 26 |
| order authorized by this Section
except for an order to place |
|
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| the minor in the custody of the Department of
Juvenile Justice. | 2 |
| For the purposes of this Section, "organized
gang" has the | 3 |
| meaning ascribed to it in Section 10 of the Illinois Streetgang
| 4 |
| Terrorism Omnibus Prevention Act.
| 5 |
| (11) If the court determines that the offense was committed | 6 |
| in furtherance of the criminal activities of an organized gang, | 7 |
| as provided in subsection (10), and that the offense involved | 8 |
| the operation or use of a motor vehicle or the use of a | 9 |
| driver's license or permit, the court shall notify the | 10 |
| Secretary of State of that determination and of the period for | 11 |
| which the minor shall be denied driving privileges. If, at the | 12 |
| time of the determination, the minor does not hold a driver's | 13 |
| license or permit, the court shall provide that the minor shall | 14 |
| not be issued a driver's license or permit until his or her | 15 |
| 18th birthday. If the minor holds a driver's license or permit | 16 |
| at the time of the determination, the court shall provide that | 17 |
| the minor's driver's license or permit shall be revoked until | 18 |
| his or her 21st birthday, or until a later date or occurrence | 19 |
| determined by the court. If the minor holds a driver's license | 20 |
| at the time of the determination, the court may direct the | 21 |
| Secretary of State to issue the minor a judicial driving | 22 |
| permit, also known as a JDP. The JDP shall be subject to the | 23 |
| same terms as a JDP issued under Section 6-206.1 of the | 24 |
| Illinois Vehicle Code, except that the court may direct that | 25 |
| the JDP be effective immediately.
| 26 |
| (12) If a minor is found to be guilty of a violation of
|
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| subsection (a-7) of Section 1 of the Prevention of Tobacco Use | 2 |
| by Minors Act, the
court may, in its discretion, and upon
| 3 |
| recommendation by the State's Attorney, order that minor and | 4 |
| his or her parents
or legal
guardian to attend a smoker's | 5 |
| education or youth diversion program as defined
in that Act if | 6 |
| that
program is available in the jurisdiction where the | 7 |
| offender resides.
Attendance at a smoker's education or youth | 8 |
| diversion program
shall be time-credited against any community | 9 |
| service time imposed for any
first violation of subsection | 10 |
| (a-7) of Section 1 of that Act. In addition to any
other
| 11 |
| penalty
that the court may impose for a violation of subsection | 12 |
| (a-7) of Section 1 of
that Act, the
court, upon request by the | 13 |
| State's Attorney, may in its discretion
require
the offender to | 14 |
| remit a fee for his or her attendance at a smoker's
education | 15 |
| or
youth diversion program.
| 16 |
| For purposes of this Section, "smoker's education program" | 17 |
| or "youth
diversion program" includes, but is not limited to, a | 18 |
| seminar designed to
educate a person on the physical and | 19 |
| psychological effects of smoking tobacco
products and the | 20 |
| health consequences of smoking tobacco products that can be
| 21 |
| conducted with a locality's youth diversion program.
| 22 |
| In addition to any other penalty that the court may impose | 23 |
| under this
subsection
(12):
| 24 |
| (a) If a minor violates subsection (a-7) of Section 1 | 25 |
| of the Prevention of
Tobacco Use by Minors Act, the court | 26 |
| may
impose a sentence of 15 hours of
community service or a |
|
|
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| fine of $25 for a first violation.
| 2 |
| (b) A second violation by a minor of subsection (a-7) | 3 |
| of Section 1 of that Act
that occurs
within 12 months after | 4 |
| the first violation is punishable by a fine of $50 and
25
| 5 |
| hours of community service.
| 6 |
| (c) A third or subsequent violation by a minor of | 7 |
| subsection (a-7) of Section
1 of that Act
that
occurs | 8 |
| within 12 months after the first violation is punishable by | 9 |
| a $100
fine
and 30 hours of community service.
| 10 |
| (d) Any second or subsequent violation not within the | 11 |
| 12-month time period
after the first violation is | 12 |
| punishable as provided for a first violation.
| 13 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; | 14 |
| 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, eff. 8-15-08; | 15 |
| 95-876, eff. 8-21-08.)
| 16 |
| Section 15. The Sale of Tobacco to Minors Act is amended by | 17 |
| changing the
title of the Act and Sections 0.01, 1, and 2 as | 18 |
| follows:
| 19 |
| (720 ILCS 675/Act title)
| 20 |
| An Act to prohibit minors from buying ,
or selling , or | 21 |
| possessing
tobacco in any of its forms, to prohibit selling,
| 22 |
| giving or
furnishing tobacco, in any of its forms, to minors, | 23 |
| and providing penalties
therefor.
|
|
|
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| 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; use of identification cards; vending machines; lunch
| 8 |
| wagons; out-of-package sales.
| 9 |
| (a) No minor under 18 years of age shall buy any cigar,
| 10 |
| cigarette,
smokeless tobacco or tobacco in any of its forms. No | 11 |
| person shall sell, buy
for, distribute samples of or furnish | 12 |
| any cigar, cigarette, smokeless tobacco
or tobacco in any of | 13 |
| its forms, to any minor under 18 years of age. | 14 |
| (a-5) No minor under 16 years of
age may sell any cigar, | 15 |
| cigarette, smokeless tobacco, or tobacco in any of its
forms at | 16 |
| a retail
establishment selling tobacco products. This | 17 |
| subsection does not apply
to a sales clerk in a family-owned | 18 |
| business which can prove that the sales
clerk
is in fact a son | 19 |
| or daughter of the owner.
| 20 |
| (a-6) No minor under 18 years of age in the furtherance or | 21 |
| facilitation of obtaining any cigar, cigarette, smokeless | 22 |
| tobacco, or tobacco in any of its forms shall display or use a | 23 |
| false or forged identification card or transfer, alter, or | 24 |
| deface an identification card.
| 25 |
| (a-7) No minor under 18 years of age shall possess any |
|
|
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| cigar, cigarette,
smokeless tobacco, or tobacco in any of its | 2 |
| forms. | 3 |
| For the purpose of this Section, "smokeless tobacco" means | 4 |
| any tobacco
products that are suitable for dipping or chewing.
| 5 |
| (b) Tobacco products listed in this Section above may be | 6 |
| sold through a vending machine
only if such tobacco products | 7 |
| are not placed together with any non-tobacco product, other | 8 |
| than matches, in the vending machine and the vending machine is | 9 |
| in
any of the following locations:
| 10 |
| (1) (Blank).
| 11 |
| (2) Places to which minors under 18 years of age are | 12 |
| not permitted access.
| 13 |
| (3) Places where alcoholic beverages are sold and | 14 |
| consumed on the
premises and vending machine operation is | 15 |
| under the direct supervision of the owner or manager.
| 16 |
| (4) (Blank).
| 17 |
| (5) Places where the vending machine can only be | 18 |
| operated by the owner or
an employee over age 18 either | 19 |
| directly or through a remote control device if
the device | 20 |
| is inaccessible to all customers.
| 21 |
| (c) The sale or distribution at no charge of cigarettes | 22 |
| from a lunch wagon
engaging in any sales activity within 1,000 | 23 |
| feet of any public or private
elementary or secondary school | 24 |
| grounds is prohibited.
| 25 |
| For the purpose of this Section, "lunch wagon" means a | 26 |
| mobile vehicle
designed and constructed to transport food and |
|
|
|
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| from which food is sold to the
general public. | 2 |
| (d) The sale or distribution by any person of a tobacco | 3 |
| product in this Section listed above , including but not limited | 4 |
| to a single or loose cigarette, that is not contained within a | 5 |
| sealed container, pack, or package as provided by the | 6 |
| manufacturer, which container, pack, or package bears the | 7 |
| health warning required by federal law, is prohibited.
| 8 |
| (e) It is not a violation of this Act for a person under 18 | 9 |
| years of age to purchase or possess a cigar, cigarette, | 10 |
| smokeless tobacco or tobacco in any of its forms if the person | 11 |
| under the age of 18 purchases or is given the cigar, cigarette, | 12 |
| smokeless tobacco or tobacco in any of its forms from a retail | 13 |
| seller of tobacco products or an employee of the retail seller | 14 |
| pursuant to a plan or action to investigate, patrol, or | 15 |
| otherwise conduct a "sting operation" or enforcement action | 16 |
| against a retail seller of tobacco products or a person | 17 |
| employed by the retail seller of tobacco products or on any | 18 |
| premises authorized to sell tobacco products to determine if | 19 |
| tobacco products are being sold or given to persons under 18 | 20 |
| years of age if the "sting operation" or enforcement action is | 21 |
| approved by the Department of State Police, the county sheriff, | 22 |
| a municipal police department, the Department of Public Health, | 23 |
| or a local health department. | 24 |
| (Source: P.A. 95-905, eff. 1-1-09.)
| 25 |
| (720 ILCS 675/2) (from Ch. 23, par. 2358)
|
|
|
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| 1 |
| Sec. 2. Penalties. | 2 |
| (a) Any person who violates subsection (a), (a-5), or (a-6) | 3 |
| of Section 1
any
provision of this Act is guilty of a
petty | 4 |
| offense and
for the first offense
shall be fined $200, $400 for | 5 |
| the
second offense in a 12-month period, and
$600 for the third | 6 |
| or any
subsequent
offense in a 12-month period.
| 7 |
| (b) If a minor violates subsection (a-7) of Section 1 he or | 8 |
| she is guilty of a petty offense and the court may
impose a | 9 |
| sentence of 15 hours of
community
service or a fine of $25 for | 10 |
| a first violation.
| 11 |
| (c) A second violation by a minor of subsection (a-7) of | 12 |
| Section 1 that occurs
within 12 months after the first | 13 |
| violation is punishable by a fine of $50 and
25
hours of | 14 |
| community service.
| 15 |
| (d) A third or subsequent violation by a minor of | 16 |
| subsection (a-7) of Section
1
that
occurs within 12 months | 17 |
| after the first violation is punishable by a $100
fine
and 30 | 18 |
| hours of community service.
| 19 |
| (e) Any second or subsequent violation not within the | 20 |
| 12-month time period
after
the first violation is punishable as | 21 |
| provided for a first violation.
| 22 |
| (f) If a minor is convicted of or placed on supervision for | 23 |
| a violation of
subsection (a-7) of Section 1, the court may, in | 24 |
| its discretion, and upon
recommendation by the State's | 25 |
| Attorney, order that minor and his or her parents
or legal
| 26 |
| guardian to attend a smoker's education or youth diversion |
|
|
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| 1 |
| program if that
program is available in the jurisdiction where | 2 |
| the offender resides.
Attendance at a smoker's education or | 3 |
| youth diversion program
shall be time-credited against any | 4 |
| community service time imposed for any
first violation of | 5 |
| subsection (a-7) of Section 1. In addition to any other
penalty
| 6 |
| that the court may impose for a violation of subsection (a-7) | 7 |
| of Section 1, the
court, upon request by the State's Attorney, | 8 |
| may in its discretion
require
the offender to remit a fee for | 9 |
| his or her attendance at a smoker's
education or
youth | 10 |
| diversion program.
| 11 |
| (g) For purposes of this Section, "smoker's education
| 12 |
| program"
or
"youth diversion program" includes, but is not | 13 |
| limited to, a seminar designed
to educate a person on the | 14 |
| physical and psychological effects of smoking
tobacco products | 15 |
| and the health consequences of smoking tobacco products
that | 16 |
| can be conducted with a locality's youth diversion program.
| 17 |
| (h) All moneys collected as fines for violations of | 18 |
| subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 19 |
| distributed in the following manner:
| 20 |
| (1) one-half of each fine shall be distributed to the | 21 |
| unit of local
government or other entity that successfully | 22 |
| prosecuted the offender;
and
| 23 |
| (2) one-half shall be remitted to the State to be used | 24 |
| for enforcing this
Act.
One-half of each fine collected | 25 |
| under this
Section shall be distributed to the unit of | 26 |
| local government or other entity
that successfully |
|
|
|
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| 1 |
| prosecuted the offender and one-half shall be remitted to | 2 |
| the
State to be used for enforcing this Act.
| 3 |
| (Source: P.A. 88-418.)
| 4 |
| Section 20. The Display of
Tobacco Products Act is amended | 5 |
| by changing Section 15 as follows: | 6 |
| (720 ILCS 677/15)
| 7 |
| Sec. 15. Vending machines. This Act does not prohibit the | 8 |
| sale
of tobacco products from vending machines if the location | 9 |
| of the
vending machines are in compliance with the provisions | 10 |
| of Section 1 of
the Prevention of Tobacco Use by
Sale of | 11 |
| Tobacco to Minors Act.
| 12 |
| (Source: P.A. 93-886, eff. 1-1-05.)
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
|
|