Full Text of HB6234 96th General Assembly
HB6234ham002 96TH GENERAL ASSEMBLY
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Rep. Arthur L. Turner
Filed: 3/17/2010
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| AMENDMENT TO HOUSE BILL 6234
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| AMENDMENT NO. ______. Amend House Bill 6234, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Drug Paraphernalia Control Act is amended | 6 |
| by changing Sections 2 and 4 as follows: | 7 |
| (720 ILCS 600/2) (from Ch. 56 1/2, par. 2102) | 8 |
| Sec. 2. As used in this Act, unless the context otherwise | 9 |
| requires: | 10 |
| (a) The term "cannabis" shall have the meaning ascribed to | 11 |
| it in Section
3 of the Cannabis Control Act, as if that | 12 |
| definition were incorporated
herein. | 13 |
| (b) The term "controlled substance" shall have the meaning | 14 |
| ascribed to
it in Section 102 of the Illinois Controlled | 15 |
| Substances Act, as if that
definition were incorporated herein. | 16 |
| (c) "Deliver" or "delivery" means the actual, constructive |
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| or attempted
transfer of possession, with or without | 2 |
| consideration, whether or not there
is an agency relationship. | 3 |
| (d) "Drug paraphernalia" means all equipment, products and | 4 |
| materials of
any kind, other than methamphetamine | 5 |
| manufacturing materials as defined in Section 10 of the | 6 |
| Methamphetamine Control and Community Protection Act, which | 7 |
| are intended to be used unlawfully in planting, propagating,
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| cultivating, growing, harvesting, manufacturing, compounding,
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| converting, producing, processing, preparing, testing, | 10 |
| analyzing, packaging,
repackaging, storing, containing, | 11 |
| concealing, injecting, ingesting, inhaling
or otherwise | 12 |
| introducing into the human body cannabis or a controlled | 13 |
| substance
in violation of the Cannabis Control Act, the | 14 |
| Illinois Controlled
Substances
Act, or the Methamphetamine | 15 |
| Control and Community Protection Act. It
includes, but is not | 16 |
| limited to: | 17 |
| (1) kits intended to be used unlawfully in | 18 |
| manufacturing, compounding,
converting,
producing, | 19 |
| processing or preparing cannabis or a controlled | 20 |
| substance; | 21 |
| (2) isomerization devices intended to be used | 22 |
| unlawfully in increasing
the potency of any species of | 23 |
| plant which is cannabis or a controlled
substance; | 24 |
| (3) testing equipment intended to be used unlawfully in | 25 |
| a private home for
identifying
or in analyzing the | 26 |
| strength, effectiveness or purity of cannabis or |
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| controlled
substances; | 2 |
| (4) diluents and adulterants intended to be used | 3 |
| unlawfully for cutting
cannabis
or a controlled substance | 4 |
| by private persons; | 5 |
| (5) objects intended to be used unlawfully in | 6 |
| ingesting, inhaling,
or otherwise introducing cannabis, | 7 |
| cocaine, hashish, or hashish oil into
the human body | 8 |
| including, where applicable, the following items: | 9 |
| (A) water pipes; | 10 |
| (B) carburetion tubes and devices; | 11 |
| (C) smoking and carburetion masks; | 12 |
| (D) miniature cocaine spoons and cocaine vials; | 13 |
| (E) carburetor pipes; | 14 |
| (F) electric pipes; | 15 |
| (G) air-driven pipes; | 16 |
| (H) chillums; | 17 |
| (I) bongs; | 18 |
| (J) ice pipes or chillers; | 19 |
| (5.5) products marketed and sold for a lawful purpose, | 20 |
| which are intended to be used lawfully, but which may be | 21 |
| misused for the unlawful purpose of ingesting, inhaling, or | 22 |
| otherwise introducing cannabis, cocaine, hashish, or | 23 |
| hashish oil into the human body including, where | 24 |
| applicable, the following items: | 25 |
| (A) individual cigar wrappers, known as wraps, | 26 |
| blunt wraps, or roll your own cigar wraps, whether in |
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| the form of a sheet, tube or cone, that consist in | 2 |
| whole or in part of reconstituted tobacco leaf or | 3 |
| flavored tobacco leaf; | 4 |
| (B) cored, hollowed out, or split cigars, but not | 5 |
| including an intact cigar still in its original | 6 |
| manufacturer packaging; | 7 |
| (C) cigarette-rolling papers, also known as | 8 |
| cigarette papers or as roll your own cigarette papers, | 9 |
| including but not by way of limitation wired cigarette | 10 |
| papers; and | 11 |
| (D) tobacco pipes; and | 12 |
| (6) any item whose purpose, as announced or described | 13 |
| by the seller, is
for use in violation of this Act. | 14 |
| (Source: P.A. 93-526, eff. 8-12-03; 94-556, eff. 9-11-05 .) | 15 |
| (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104) | 16 |
| Sec. 4. Exemptions. This Act does not apply to: | 17 |
| (a) Items used in the preparation, compounding,
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| packaging, labeling, or other use of cannabis or a | 19 |
| controlled substance
as an incident to lawful research, | 20 |
| teaching, or chemical analysis and not for
sale. | 21 |
| (b) Items historically and customarily used in | 22 |
| connection
with the planting, propagating, cultivating, | 23 |
| growing, harvesting,
manufacturing, compounding, | 24 |
| converting, producing, processing, preparing,
testing, | 25 |
| analyzing, packaging, repackaging, storing, containing, |
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| concealing,
injecting, ingesting, or inhaling of tobacco | 2 |
| or any other lawful substance. | 3 |
| Items exempt under this subsection include, but are not | 4 |
| limited to, garden
hoes, rakes, sickles, baggies, tobacco | 5 |
| pipes, and cigarette-rolling papers sold with an | 6 |
| accompanying loose cigarette tobacco, pre-formed paper | 7 |
| cigarette tubes used by consumers for making cigarettes, | 8 |
| reconstituted tobacco wrapper or tobacco leaf wrap that is | 9 |
| used in the manufacturing of a cigar, cigar wrappers | 10 |
| marketed or sold in conjunction with an accompanying loose | 11 |
| filler cigar tobacco and intact cigars still in their | 12 |
| original manufacturer packaging . | 13 |
| (c) Items listed in Section 2 of this Act which are | 14 |
| used for
decorative
purposes, when such items have been | 15 |
| rendered completely inoperable or incapable
of being used | 16 |
| for any illicit purpose prohibited by this Act. | 17 |
| (d) A person who is legally authorized to possess | 18 |
| hypodermic syringes or
needles under the Hypodermic | 19 |
| Syringes and Needles Act. | 20 |
| In determining whether or not a particular item is exempt under | 21 |
| this
Section, the trier of fact should consider, in addition
to | 22 |
| all other logically relevant factors, the following: | 23 |
| (1) the general, usual, customary, and historical use | 24 |
| to which the item
involved has been put; | 25 |
| (2) expert evidence concerning the ordinary or | 26 |
| customary use of the item
and the effect of any peculiarity |
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| in the design or engineering of the device
upon its | 2 |
| functioning; | 3 |
| (3) any written instructions accompanying the delivery | 4 |
| of the item
concerning
the purposes or uses to which the | 5 |
| item can or may be put; | 6 |
| (4) any oral instructions provided by the seller of the | 7 |
| item at the time
and place of sale or commercial delivery; | 8 |
| (5) any national or local advertising concerning the | 9 |
| design, purpose
or use of the item involved, and the entire | 10 |
| context in which such advertising
occurs; | 11 |
| (6) the manner, place and circumstances in which the | 12 |
| item was displayed
for sale, as well as any item or items | 13 |
| displayed for sale or otherwise
exhibited
upon the premises | 14 |
| where the sale was made; | 15 |
| (7) whether the owner or anyone in control of the | 16 |
| object is a legitimate
supplier of like or related items to | 17 |
| the community, such as a licensed
distributor or dealer of | 18 |
| tobacco products; | 19 |
| (8) the existence and scope of legitimate uses for the | 20 |
| object in the
community. | 21 |
| Notwithstanding the foregoing, there shall be a rebuttable | 22 |
| presumption that the products identified in clauses (A) through | 23 |
| (D) of subparagraph (5.5) of paragraph (d) of Section 2 of this | 24 |
| Act are not drug paraphernalia when marketed or sold in | 25 |
| conjunction with, or otherwise found or discovered solely in | 26 |
| the presence of, tobacco; provided however, that there shall be |
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| rebuttable presumption that any product or object identified in | 2 |
| Section 2 is drug paraphernalia if the product or object | 3 |
| either: (1) contains cannabis or the residue thereof or a | 4 |
| controlled substance or the residue thereof; or (2) is found or | 5 |
| discovered, or both, with or in close proximity to cannabis or | 6 |
| a controlled substance. | 7 |
| (Source: P.A. 95-331, eff. 8-21-07.)
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| Section 10. The Tobacco Accessories and Smoking Herbs | 9 |
| Control Act is amended by changing Sections 3, 4, and 5 as | 10 |
| follows:
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| (720 ILCS 685/3) (from Ch. 23, par. 2358-3)
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| Sec. 3. Definitions. The following definitions shall apply | 13 |
| to this
Act:
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| (a) "Tobacco accessories" shall mean cigarette papers, | 15 |
| pipes, holders
of smoking materials of all types, cigarette | 16 |
| rolling machines, and other
items, designed primarily for the | 17 |
| smoking or ingestion of tobacco products
or of substances made | 18 |
| illegal under any statute or of substances whose
sale, gift, | 19 |
| barter, or exchange is made unlawful under this Act.
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| (b) "Smoking herbs" shall mean all substances of plant | 21 |
| origin and their
derivatives, including but not limited to | 22 |
| broom, calea, California poppy,
damiana, hops, ginseng, | 23 |
| lobelia, jimson weed and other members of the Datura
genus, | 24 |
| passion flower and wild lettuce, which are processed or sold |
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| primarily
for use as smoking materials.
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| (c) "Bidi cigarette" means a product that contains tobacco | 3 |
| that is
wrapped
in temburni or tendu leaf or that is wrapped in | 4 |
| any
other material identified by rules of the Department of | 5 |
| Public Health that is
similar in appearance or
characteristics | 6 |
| to the temburni or tendu leaf.
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| (d) "Cigar wraps" shall mean individual cigar wrappers, | 8 |
| known as wraps, blunt wraps, or roll your own cigar wraps, | 9 |
| whether in the form of a sheet, tube or cone, that consists in | 10 |
| whole or in part of reconstituted tobacco leaf or flavored | 11 |
| tobacco leaf. | 12 |
| (Source: P.A. 91-734, eff. 1-1-01.)
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| (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
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| Sec. 4. Offenses.
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| (a) Sale to minors. No person shall knowingly sell,
barter, | 16 |
| exchange, deliver or give away or cause or permit or procure to
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| be sold, bartered, exchanged, delivered, or given away tobacco | 18 |
| accessories
or smoking herbs to any person under 18 years of | 19 |
| age.
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| (a-5) Sale of bidi cigarettes. No person shall knowingly | 21 |
| sell, barter,
exchange, deliver, or give away a bidi cigarette | 22 |
| to another
person, nor shall a person cause or permit or | 23 |
| procure a bidi cigarette to be
sold, bartered, exchanged, | 24 |
| delivered, or given away to
another person.
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| (a-6) Sale of cigar wraps. No person shall knowingly sell, |
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| barter, exchange, deliver or give away or cause or permit or | 2 |
| procure to be sold, bartered, exchanged, delivered, or given | 3 |
| away cigar wraps to any person under 18 years of age. | 4 |
| (b) Sale of cigarette paper. No person shall knowingly | 5 |
| offer, sell,
barter, exchange, deliver or give away cigarette | 6 |
| paper or cause, permit, or
procure cigarette paper to be sold, | 7 |
| offered, bartered, exchanged,
delivered, or given away except | 8 |
| from premises or an establishment where other
tobacco
products | 9 |
| are sold. For purposes of this Section, "tobacco products" | 10 |
| means
cigarettes, cigars, smokeless tobacco, or tobacco in any | 11 |
| of its forms.
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| (c) Sale of cigarette paper from vending machines. No | 13 |
| person shall
knowingly offer, sell, barter, exchange, deliver | 14 |
| or give away cigarette
paper or cause, permit, or procure | 15 |
| cigarette paper to be sold, offered,
bartered, exchanged, | 16 |
| delivered, or
given away by use of a vending or coin-operated | 17 |
| machine or device. For
purposes of this Section, "cigarette | 18 |
| paper" shall not
include any paper that is incorporated into a | 19 |
| product to which a tax stamp
must be affixed under the | 20 |
| Cigarette Tax Act or the Cigarette Use Tax Act.
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| (d) Use of identification cards. No person in the | 22 |
| furtherance or
facilitation of obtaining smoking accessories , | 23 |
| cigar wraps, and smoking herbs shall
display or use a false or | 24 |
| forged identification card or transfer, alter, or
deface an | 25 |
| identification card.
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| (e) Warning to minors. Any person, firm, partnership, |
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| company or
corporation operating a place of business where | 2 |
| tobacco accessories , cigar wraps, and
smoking herbs are sold or | 3 |
| offered for sale shall post in a conspicuous
place upon the | 4 |
| premises a sign upon which there shall be imprinted the
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| following statement, "SALE OF TOBACCO ACCESSORIES , CIGAR | 6 |
| WRAPS, AND SMOKING HERBS TO
PERSONS UNDER EIGHTEEN YEARS OF AGE | 7 |
| OR THE MISREPRESENTATION OF AGE TO
PROCURE SUCH A SALE IS | 8 |
| PROHIBITED BY LAW". The sign shall be printed on
a white card | 9 |
| in red letters at least one-half inch in height.
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| (Source: P.A. 91-734, eff. 1-1-01.)
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| (720 ILCS 685/5) (from Ch. 23, par. 2358-5)
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| Sec. 5. Penalty.
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| (a) Any person who shall knowingly violate, or shall | 14 |
| knowingly
cause the violation of any provision of this Act | 15 |
| other than
subsection (a-5) or (a-6) of Section 4 shall be | 16 |
| guilty of a Class C
misdemeanor.
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| (b) Any person who knowingly violates or knowingly causes | 18 |
| the
violation of subsection (a-5) of Section 4 is guilty of a | 19 |
| petty
offense for which the offender may be fined an amount as | 20 |
| follows:
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| (1) For a first offense, not less than $100 and not | 22 |
| more than $500.
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| (2) For a second offense within a 2-year period, not | 24 |
| less than $250 and
not more than $500.
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| (3) For a third or subsequent offense within a 2-year |
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| period, not less
than $500 and not more than $1,000.
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| (c) Any person who knowingly violates or knowingly causes | 3 |
| the violation of subsection (a-6) of Section 4 is guilty of a | 4 |
| Class C misdemeanor for a first offense, a Class B misdemeanor | 5 |
| for a second offense within a 2-year period, and a Class A | 6 |
| misdemeanor for a third or subsequent offense within a 3-year | 7 |
| period. | 8 |
| (Source: P.A. 91-734, eff. 1-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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