Full Text of SB3174 96th General Assembly
SB3174 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3174
Introduced 2/9/2010, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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720 ILCS 685/4 |
from Ch. 23, par. 2358-4 |
720 ILCS 685/5 |
from Ch. 23, par. 2358-5 |
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Amends the Tobacco Accessories and Smoking Herbs Control Act. Provides that a product containing or delivering nicotine intended or expected for human consumption, or any part of such a product, that is not a tobacco product shall not be distributed or sold in the State or to consumers in the State unless it has been approved or otherwise certified for legal sale by the United States Food and Drug Administration as a tobacco use cessation, harm reduction, or modified-risk product, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Establishes penalties for violations.
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A BILL FOR
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SB3174 |
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LRB096 20248 RLC 35831 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,
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| represented in the General Assembly:
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| Section 5. The Tobacco Accessories and Smoking Herbs | 5 |
| Control Act is amended by changing Sections 4 and 5 as follows:
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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, | 9 |
| 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 | 11 |
| accessories
or smoking herbs to any person under 18 years of | 12 |
| age.
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| (a-5) Sale of bidi cigarettes. No person shall knowingly | 14 |
| sell, barter,
exchange, deliver, or give away a bidi cigarette | 15 |
| to another
person, nor shall a person cause or permit or | 16 |
| procure a bidi cigarette to be
sold, bartered, exchanged, | 17 |
| delivered, or given away to
another person.
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| (a-6) Nicotine delivery products. No product containing or | 19 |
| delivering nicotine intended or expected for human | 20 |
| consumption, or any part of such a product, that is not a | 21 |
| tobacco product as defined in Section 1 of the Prevention of | 22 |
| Tobacco Use by
Minors Act (as amended by P.A. 96-179)/Sale and | 23 |
| Distribution of Tobacco Products Act (as amended by P.A. |
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SB3174 |
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LRB096 20248 RLC 35831 b |
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| 96-446) shall be distributed or sold in this State or to | 2 |
| consumers in this State unless it has been approved or | 3 |
| otherwise certified for legal sale by the United States Food | 4 |
| and Drug Administration as a tobacco use cessation, harm | 5 |
| reduction, or modified-risk product, or for other medical | 6 |
| purposes, and is being marketed and sold solely for that | 7 |
| approved purpose. | 8 |
| (b) Sale of cigarette paper. No person shall knowingly | 9 |
| offer, sell,
barter, exchange, deliver or give away cigarette | 10 |
| paper or cause, permit, or
procure cigarette paper to be sold, | 11 |
| offered, bartered, exchanged,
delivered, or given away except | 12 |
| from premises or an establishment where other
tobacco
products | 13 |
| are sold. For purposes of this Section, "tobacco products" | 14 |
| means
cigarettes, cigars, smokeless tobacco, or tobacco in any | 15 |
| of its forms.
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| (c) Sale of cigarette paper from vending machines. No | 17 |
| person shall
knowingly offer, sell, barter, exchange, deliver | 18 |
| or give away cigarette
paper or cause, permit, or procure | 19 |
| cigarette paper to be sold, offered,
bartered, exchanged, | 20 |
| delivered, or
given away by use of a vending or coin-operated | 21 |
| machine or device. For
purposes of this Section, "cigarette | 22 |
| paper" shall not
include any paper that is incorporated into a | 23 |
| product to which a tax stamp
must be affixed under the | 24 |
| Cigarette Tax Act or the Cigarette Use Tax Act.
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| (d) Use of identification cards. No person in the | 26 |
| furtherance or
facilitation of obtaining smoking accessories |
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SB3174 |
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LRB096 20248 RLC 35831 b |
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| and smoking herbs shall
display or use a false or forged | 2 |
| identification card or transfer, alter, or
deface an | 3 |
| identification card.
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| (e) Warning to minors. Any person, firm, partnership, | 5 |
| company or
corporation operating a place of business where | 6 |
| tobacco accessories and
smoking herbs are sold or offered for | 7 |
| sale shall post in a conspicuous
place upon the premises a sign | 8 |
| upon which there shall be imprinted the
following statement, | 9 |
| "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER | 10 |
| EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
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| PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be | 12 |
| printed on
a white card in red letters at least one-half inch | 13 |
| 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 | 18 |
| knowingly
cause the violation of any provision of this Act | 19 |
| other than
subsection (a-5) or (a-6) of Section 4 shall be | 20 |
| guilty of a Class C
misdemeanor.
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| (b) Any person who knowingly violates or knowingly causes | 22 |
| the
violation of subsection (a-5) or (a-6) of Section 4 is | 23 |
| guilty of a petty
offense for which the offender may be fined | 24 |
| an amount as follows:
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| (1) For a first offense, not less than $100 and not |
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SB3174 |
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LRB096 20248 RLC 35831 b |
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| more than $500.
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| (2) For a second offense within a 2-year period, not | 3 |
| less than $250 and
not more than $500.
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| (3) For a third or subsequent offense within a 2-year | 5 |
| period, not less
than $500 and not more than $1,000.
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| (Source: P.A. 91-734, eff. 1-1-01.)
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