Illinois General Assembly - Full Text of HB2250
Illinois General Assembly

Previous General Assemblies

Full Text of HB2250  98th General Assembly


Sen. John G. Mulroe

Filed: 5/9/2013





09800HB2250sam001LRB098 07662 RLC 45675 a


2    AMENDMENT NO. ______. Amend House Bill 2250 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Prevention of Tobacco Use by Minors and
5Sale and Distribution of Tobacco Products Act is amended by
6changing Section 2 and adding Section 1.5 as follows:
7    (720 ILCS 675/1.5 new)
8    Sec. 1.5. Distribution of alternative nicotine products to
9persons under 18 years of age prohibited.
10    (a) For the purposes of this Section, "alternative nicotine
11product" means a product or device not consisting of or
12containing tobacco that provides for the ingestion into the
13body of nicotine, whether by chewing, smoking, absorbing,
14dissolving, inhaling, snorting, sniffing, or by any other
15means. "Alternative nicotine product" excludes cigarettes,
16smokeless tobacco, or other tobacco products as these terms are



09800HB2250sam001- 2 -LRB098 07662 RLC 45675 a

1defined in Section 1 of this Act and any product approved by
2the United States Food and Drug Administration as a non-tobacco
3product for sale as a tobacco cessation product, as a tobacco
4dependence product, or for other medical purposes, and is being
5marketed and sold solely for that approved purpose.
6    (b) A person, either directly or indirectly by an agent or
7employee, or by a vending machine owned by the person or
8located in the person's establishment, may not sell, offer for
9sale, give, or furnish any alternative nicotine product, or any
10cartridge or component of an alternative nicotine product, to a
11person under 18 years of age.
12    (c) Before selling, offering for sale, giving, or
13furnishing an alternative nicotine product, or any cartridge or
14component of an alternative nicotine product, to another
15person, the person selling, offering for sale, giving, or
16furnishing the alternative nicotine product shall verify that
17the person is at least 18 years of age by:
18        (1) examining from any person that appears to be under
19    27 years of age a government-issued photographic
20    identification that establishes the person is at least 18
21    years of age; or
22        (2) for sales made though the Internet or other remote
23    sales methods, performing an age verification through an
24    independent, third-party age verification service that
25    compares information available from public records to the
26    personal information entered by the person during the



09800HB2250sam001- 3 -LRB098 07662 RLC 45675 a

1    ordering process that establishes the person is 18 years of
2    age or older.
3    (720 ILCS 675/2)  (from Ch. 23, par. 2358)
4    Sec. 2. Penalties.
5    (a) Any person who violates Section 1.5 or subsection (a),
6(a-5), or (a-6) of Section 1 of this Act is guilty of a petty
7offense and for the first offense shall be fined $200, $400 for
8the second offense in a 12-month period, and $600 for the third
9or any subsequent offense in a 12-month period.
10    (b) If a minor violates subsection (a-7) of Section 1 he or
11she is guilty of a petty offense and the court may impose a
12sentence of 15 hours of community service or a fine of $25 for
13a first violation.
14    (c) A second violation by a minor of subsection (a-7) of
15Section 1 that occurs within 12 months after the first
16violation is punishable by a fine of $50 and 25 hours of
17community service.
18    (d) A third or subsequent violation by a minor of
19subsection (a-7) of Section 1 that occurs within 12 months
20after the first violation is punishable by a $100 fine and 30
21hours of community service.
22    (e) Any second or subsequent violation not within the
2312-month time period after the first violation is punishable as
24provided for a first violation.
25    (f) If a minor is convicted of or placed on supervision for



09800HB2250sam001- 4 -LRB098 07662 RLC 45675 a

1a violation of subsection (a-7) of Section 1, the court may, in
2its discretion, and upon recommendation by the State's
3Attorney, order that minor and his or her parents or legal
4guardian to attend a smoker's education or youth diversion
5program if that program is available in the jurisdiction where
6the offender resides. Attendance at a smoker's education or
7youth diversion program shall be time-credited against any
8community service time imposed for any first violation of
9subsection (a-7) of Section 1. In addition to any other penalty
10that the court may impose for a violation of subsection (a-7)
11of Section 1, the court, upon request by the State's Attorney,
12may in its discretion require the offender to remit a fee for
13his or her attendance at a smoker's education or youth
14diversion program.
15    (g) For purposes of this Section, "smoker's education
16program" or "youth diversion program" includes, but is not
17limited to, a seminar designed to educate a person on the
18physical and psychological effects of smoking tobacco products
19and the health consequences of smoking tobacco products that
20can be conducted with a locality's youth diversion program.
21    (h) All moneys collected as fines for violations of
22subsection (a), (a-5), (a-6), or (a-7) of Section 1 shall be
23distributed in the following manner:
24        (1) one-half of each fine shall be distributed to the
25    unit of local government or other entity that successfully
26    prosecuted the offender; and



09800HB2250sam001- 5 -LRB098 07662 RLC 45675 a

1        (2) one-half shall be remitted to the State to be used
2    for enforcing this Act.
3(Source: P.A. 96-179, eff. 8-10-09.)".