Full Text of HB4212 99th General Assembly
HB4212eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cigarette Tax Act is amended by changing | 5 | | Section 24 as follows:
| 6 | | (35 ILCS 130/24) (from Ch. 120, par. 453.24)
| 7 | | (Text of Section before amendment by P.A. 98-1055 )
| 8 | | Sec. 24. Punishment for sale or possession of packages of | 9 | | contraband cigarettes.
| 10 | | (a) Possession or sale of 100 or less packages of | 11 | | contraband cigarettes. With the exception of licensed | 12 | | distributors, licensed secondary distributors, or licensed | 13 | | transporters, as defined in Section 9c of this Act, any person | 14 | | who has in his or her possession or sells 100 or less original | 15 | | packages of contraband cigarettes is guilty of a Class A | 16 | | misdemeanor. | 17 | | (b) Possession or sale of more than 100 but less than 251 | 18 | | packages of contraband cigarettes. With the exception of | 19 | | licensed distributors, licensed secondary distributors, or | 20 | | licensed transporters, as defined in Section 9c of this Act, | 21 | | any person who has in his or her possession or sells more than | 22 | | 100 but less than 251 original packages of contraband | 23 | | cigarettes is guilty of a Class A misdemeanor for a first |
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| 1 | | offense and a Class 4 felony for each subsequent offense. | 2 | | (c) Possession or sale of more than 250 but less than 1,001 | 3 | | packages of contraband cigarettes. With the exception of | 4 | | licensed distributors, licensed secondary distributors, or | 5 | | licensed transporters, as defined in Section 9c of this Act, | 6 | | any person who has in his or her possession or sells more than | 7 | | 250 but less than 1,001 original packages of contraband | 8 | | cigarettes is guilty of a Class 4 felony. | 9 | | (d) Possession or sale of more than 1,000 packages of | 10 | | contraband cigarettes. With the exception of licensed | 11 | | distributors, licensed secondary distributors, or licensed | 12 | | transporters, as defined in Section 9c of this Act, any person | 13 | | who has in his or her possession or sells more than 1,000 | 14 | | original packages of contraband cigarettes is guilty of a Class | 15 | | 3 felony. | 16 | | (e) Any person licensed as a distributor, secondary | 17 | | distributor, or transporter, as defined in Section 9c of this | 18 | | Act, who has in his or her possession or sells 100 or less | 19 | | original packages of contraband cigarettes is guilty of a Class | 20 | | A misdemeanor. | 21 | | (f) Any person licensed as a distributor, secondary | 22 | | distributor, or transporter, as defined in Section 9c of this | 23 | | Act, who has in his or her possession or sells more than 100 | 24 | | original packages of contraband cigarettes is guilty of a Class | 25 | | 4 felony. | 26 | | (g) Notwithstanding subsections (e) through (f), licensed |
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| 1 | | distributors and transporters, as defined in Section 9c of this | 2 | | Act, may possess unstamped packages of cigarettes. | 3 | | Notwithstanding subsections (e) through (f), licensed | 4 | | distributors may possess cigarettes that bear a tax stamp of | 5 | | another state or taxing jurisdiction. Notwithstanding | 6 | | subsections (e) through (f), a licensed distributor or licensed | 7 | | secondary distributor may possess contraband cigarettes | 8 | | returned to the distributor or licensed secondary distributor | 9 | | by a retailer if the distributor or licensed secondary | 10 | | distributor immediately conducts an inventory of the | 11 | | cigarettes being returned, the distributor or licensed | 12 | | secondary distributor and the retailer returning the | 13 | | contraband cigarettes sign the inventory, the distributor or | 14 | | licensed secondary distributor provides a copy of the signed | 15 | | inventory to the retailer, and the distributor retains the | 16 | | inventory in its books and records and promptly notifies the | 17 | | Department of Revenue. | 18 | | (h) Notwithstanding subsections (a) through (d) of this | 19 | | Section, a retailer unknowingly possessing contraband | 20 | | cigarettes obtained from a licensed distributor or licensed | 21 | | secondary distributor or knowingly possessing contraband | 22 | | cigarettes obtained from a licensed distributor is not subject | 23 | | to penalties under this Section if the retailer, within 48 | 24 | | hours after discovering that the cigarettes are contraband | 25 | | cigarettes, excluding Saturdays, Sundays, and holidays: (i) | 26 | | notifies the Department and the licensed distributor or |
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| 1 | | licensed secondary distributor from whom the cigarettes were | 2 | | obtained, orally and in writing, that he or she possesses | 3 | | contraband cigarettes obtained from a licensed distributor or | 4 | | licensed secondary distributor; (ii) places the contraband | 5 | | cigarettes in one or more containers and seals those | 6 | | containers; and (iii) places on the containers the following or | 7 | | similar language: "Contraband Cigarettes. Not For Sale." All | 8 | | contraband cigarettes in the possession of a retailer remain | 9 | | subject to forfeiture under the provisions of this Act.
| 10 | | (i) Notwithstanding any other provision of law, violations | 11 | | of subsection (d) of Section 1 of the Prevention of Tobacco Use | 12 | | by Minors and Sale and Distribution of Tobacco Products Act, | 13 | | other than violations involving the sale or distribution of a | 14 | | tobacco product to a minor under the age of 18, shall be | 15 | | subject only to the penalties provided in subsection (g-5) of | 16 | | Section 2 of that Act. | 17 | | (Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10.)
| 18 | | (Text of Section after amendment by P.A. 98-1055 )
| 19 | | Sec. 24. Punishment for sale or possession of packages of | 20 | | contraband cigarettes.
| 21 | | (a) Possession or sale of 100 or less packages of | 22 | | contraband cigarettes. With the exception of licensed | 23 | | distributors, licensed secondary distributors, or licensed | 24 | | transporters, as defined in Section 9c of this Act, any person | 25 | | who has in his or her possession or sells 100 or less original |
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| 1 | | packages of contraband cigarettes is guilty of a Class A | 2 | | misdemeanor and a Class 4 felony for each subsequent offense | 3 | | occurring within 12 months of a prior offense. | 4 | | (b) Possession or sale of more than 100 but less than 251 | 5 | | packages of contraband cigarettes. With the exception of | 6 | | licensed distributors, licensed secondary distributors, or | 7 | | licensed transporters, as defined in Section 9c of this Act, | 8 | | any person who has in his or her possession or sells more than | 9 | | 100 but less than 251 original packages of contraband | 10 | | cigarettes is guilty of a Class A misdemeanor for a first | 11 | | offense and a Class 4 felony for each subsequent offense. | 12 | | (c) Possession or sale of more than 250 but less than 1,001 | 13 | | packages of contraband cigarettes. With the exception of | 14 | | licensed distributors, licensed secondary distributors, or | 15 | | licensed transporters, as defined in Section 9c of this Act, | 16 | | any person who has in his or her possession or sells more than | 17 | | 250 but less than 1,001 original packages of contraband | 18 | | cigarettes is guilty of a Class 4 felony. | 19 | | (d) Possession or sale of more than 1,000 packages of | 20 | | contraband cigarettes. With the exception of licensed | 21 | | distributors, licensed secondary distributors, or licensed | 22 | | transporters, as defined in Section 9c of this Act, any person | 23 | | who has in his or her possession or sells more than 1,000 | 24 | | original packages of contraband cigarettes is guilty of a Class | 25 | | 3 felony. | 26 | | (e) Any person licensed as a distributor, secondary |
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| 1 | | distributor, or transporter, as defined in Section 9c of this | 2 | | Act, who has in his or her possession or sells 100 or less | 3 | | original packages of contraband cigarettes is guilty of a Class | 4 | | A misdemeanor and a Class 4 felony for each subsequent offense | 5 | | occurring within 12 months of a prior offense. | 6 | | (f) Any person licensed as a distributor, secondary | 7 | | distributor, or transporter, as defined in Section 9c of this | 8 | | Act, who has in his or her possession or sells more than 100 | 9 | | original packages of contraband cigarettes is guilty of a Class | 10 | | 4 felony. | 11 | | (g) Notwithstanding subsections (e) through (f), licensed | 12 | | distributors and transporters, as defined in Section 9c of this | 13 | | Act, may possess unstamped packages of cigarettes. | 14 | | Notwithstanding subsections (e) through (f), licensed | 15 | | distributors may possess cigarettes that bear a tax stamp of | 16 | | another state or taxing jurisdiction. Notwithstanding | 17 | | subsections (e) through (f), a licensed distributor or licensed | 18 | | secondary distributor may possess contraband cigarettes | 19 | | returned to the distributor or licensed secondary distributor | 20 | | by a retailer if the distributor or licensed secondary | 21 | | distributor immediately conducts an inventory of the | 22 | | cigarettes being returned, the distributor or licensed | 23 | | secondary distributor and the retailer returning the | 24 | | contraband cigarettes sign the inventory, the distributor or | 25 | | licensed secondary distributor provides a copy of the signed | 26 | | inventory to the retailer, and the distributor retains the |
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| 1 | | inventory in its books and records and promptly notifies the | 2 | | Department of Revenue. | 3 | | (h) Notwithstanding subsections (a) through (d) of this | 4 | | Section, a retailer unknowingly possessing contraband | 5 | | cigarettes obtained from a licensed distributor or licensed | 6 | | secondary distributor or knowingly possessing contraband | 7 | | cigarettes obtained from a licensed distributor is not subject | 8 | | to penalties under this Section if the retailer, within 48 | 9 | | hours after discovering that the cigarettes are contraband | 10 | | cigarettes, excluding Saturdays, Sundays, and holidays: (i) | 11 | | notifies the Department and the licensed distributor or | 12 | | licensed secondary distributor from whom the cigarettes were | 13 | | obtained, orally and in writing, that he or she possesses | 14 | | contraband cigarettes obtained from a licensed distributor or | 15 | | licensed secondary distributor; (ii) places the contraband | 16 | | cigarettes in one or more containers and seals those | 17 | | containers; and (iii) places on the containers the following or | 18 | | similar language: "Contraband Cigarettes. Not For Sale." All | 19 | | contraband cigarettes in the possession of a retailer remain | 20 | | subject to forfeiture under the provisions of this Act.
| 21 | | Any retailer who knowingly possesses packages of | 22 | | cigarettes with a counterfeit stamp with intent to sell is | 23 | | guilty of a Class 2 felony. Any retailer who knowingly | 24 | | possesses unstamped packages of cigarettes with intent to sell | 25 | | is guilty of a Class 4 felony. A retailer shall not be liable | 26 | | for unknowingly possessing, selling, or distributing to |
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| 1 | | consumers cigarettes that contain an old stamp if the correct | 2 | | tax was collected at the point of sale and the cigarettes were | 3 | | obtained from a distributor licensed under this Act. | 4 | | (i) Notwithstanding any other provision of law, violations | 5 | | of subsection (d) of Section 1 of the Prevention of Tobacco Use | 6 | | by Minors and Sale and Distribution of Tobacco Products Act, | 7 | | other than violations involving the sale or distribution of a | 8 | | tobacco product to a minor under the age of 18, shall be | 9 | | subject only to the penalties provided in subsection (g-5) of | 10 | | Section 2 of that Act. | 11 | | (Source: P.A. 98-1055, eff. 1-1-16.)
| 12 | | Section 10. The Cigarette Use Tax Act is amended by | 13 | | changing Section 30 as follows:
| 14 | | (35 ILCS 135/30) (from Ch. 120, par. 453.60)
| 15 | | (Text of Section before amendment by P.A. 98-1055 )
| 16 | | Sec. 30. Punishment for sale or possession of unstamped | 17 | | packages of cigarettes, other than by a licensed distributor or | 18 | | transporter. | 19 | | (a) Possession or sale of more than 9 but less than 101 | 20 | | unstamped packages of cigarettes. With the exception of | 21 | | licensed distributors, licensed secondary distributors, or | 22 | | licensed transporters, as defined in Section 9c of the | 23 | | Cigarette Tax Act, any person who has in his or her possession | 24 | | or sells more than 9 but less than 101 original packages of |
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| 1 | | contraband cigarettes is guilty of a Class A misdemeanor. | 2 | | (b) Possession or sale of more than 100 but less than 251 | 3 | | unstamped packages of cigarettes. With the exception of | 4 | | licensed distributors, licensed secondary distributors, or | 5 | | licensed transporters, as defined in Section 9c of the | 6 | | Cigarette Tax Act, any person who has in his or her possession | 7 | | or sells more than 100 but less than 251 original packages of | 8 | | contraband cigarettes is guilty of a Class A misdemeanor for | 9 | | the first offense and a Class 4 felony for each subsequent | 10 | | offense. | 11 | | (c) Possession or sale of more than 250 but less than 1,001 | 12 | | unstamped packages of cigarettes. With the exception of | 13 | | licensed distributors, licensed secondary distributors, or | 14 | | licensed transporters, as defined in Section 9c of the | 15 | | Cigarette Tax Act, any person who has in his or her possession | 16 | | or sells more than 250 but less than 1,001 original packages of | 17 | | contraband cigarettes is guilty of a Class 4 felony. | 18 | | (d) Possession or sale of more than 1,000 contraband | 19 | | packages of cigarettes. With the exception of licensed | 20 | | distributors, licensed secondary distributors, or licensed | 21 | | transporters, as defined in Section 9c of the Cigarette Tax | 22 | | Act, any person who has in his or her possession or sells, more | 23 | | than 1,000 original packages of contraband cigarettes is guilty | 24 | | of a Class 3 felony. | 25 | | (e) Any person licensed as a distributor, secondary | 26 | | distributor, or transporter, as defined in Section 9c of the |
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| 1 | | Cigarette Tax Act, who has in his or her possession or sells | 2 | | 100 or less original packages of contraband cigarettes is | 3 | | guilty of a Class A misdemeanor. | 4 | | (f) Any person licensed as a distributor, secondary | 5 | | distributor, or transporter, as defined in Section 9c of the | 6 | | Cigarette Tax Act, who has in his or her possession or sells | 7 | | more than 100 original packages of contraband cigarettes is | 8 | | guilty of a Class 4 felony. | 9 | | (g) Notwithstanding subsections (e) through (f), licensed | 10 | | distributors and transporters, as defined in Section 9c of the | 11 | | Cigarette Tax Act, may possess unstamped packages of | 12 | | cigarettes. Notwithstanding subsections (e) through (f), | 13 | | licensed distributors may possess cigarettes that bear a tax | 14 | | stamp of another state or taxing jurisdiction. Notwithstanding | 15 | | subsections (e) through (f), a licensed distributor or licensed | 16 | | secondary distributor may possess contraband cigarettes | 17 | | returned to the distributor or licensed secondary distributor | 18 | | by a retailer if the distributor or licensed secondary | 19 | | distributor immediately conducts an inventory of the | 20 | | cigarettes being returned, the distributor or licensed | 21 | | secondary distributor and the retailer returning the | 22 | | contraband cigarettes sign the inventory, the distributor or | 23 | | licensed secondary distributor provides a copy of the signed | 24 | | inventory to the retailer, and the distributor or licensed | 25 | | secondary distributor retains the inventory in its books and | 26 | | records and promptly notifies the Department of Revenue. |
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| 1 | | (h) Notwithstanding subsections (a) through (d) of this | 2 | | Section, a retailer unknowingly possessing contraband | 3 | | cigarettes obtained from a licensed distributor or licensed | 4 | | secondary distributor or knowingly possessing contraband | 5 | | cigarettes obtained from a licensed distributor or licensed | 6 | | secondary distributor is not subject to penalties under this | 7 | | Section if the retailer, within 48 hours after discovering that | 8 | | the cigarettes are contraband cigarettes, excluding Saturdays, | 9 | | Sundays, and holidays: (i) notifies the Department and the | 10 | | licensed distributor or licensed secondary distributor from | 11 | | whom the cigarettes were obtained, orally and in writing, that | 12 | | he or she possesses contraband cigarettes obtained from a | 13 | | licensed distributor or licensed secondary distributor; (ii) | 14 | | places the contraband cigarettes in one or more containers and | 15 | | seals those containers; and (iii) places on the containers the | 16 | | following or similar language: "Contraband Cigarettes. Not For | 17 | | Sale." All contraband cigarettes in the possession of a | 18 | | retailer remain subject to forfeiture under the provisions of | 19 | | this Act.
| 20 | | (i) Notwithstanding any other provision of law, violations | 21 | | of subsection (d) of Section 1 of the Prevention of Tobacco Use | 22 | | by Minors and Sale and Distribution of Tobacco Products Act, | 23 | | other than violations involving the sale or distribution of a | 24 | | tobacco product to a minor under the age of 18, shall be | 25 | | subject only to the penalties provided in subsection (g-5) of | 26 | | Section 2 of that Act. |
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| 1 | | (Source: P.A. 96-782, eff. 1-1-10; 96-1027, eff. 7-12-10.)
| 2 | | (Text of Section after amendment by P.A. 98-1055 )
| 3 | | Sec. 30. Punishment for sale or possession of unstamped | 4 | | packages of cigarettes, other than by a licensed distributor or | 5 | | transporter. | 6 | | (a) Possession or sale of more than 9 but less than 101 | 7 | | unstamped packages of cigarettes. With the exception of | 8 | | licensed distributors, licensed secondary distributors, or | 9 | | licensed transporters, as defined in Section 9c of the | 10 | | Cigarette Tax Act, any person who has in his or her possession | 11 | | or sells more than 9 but less than 101 original packages of | 12 | | contraband cigarettes is guilty of a Class A misdemeanor and a | 13 | | Class 4 felony for each subsequent offense occurring within 12 | 14 | | months of a prior offense. | 15 | | (b) Possession or sale of more than 100 but less than 251 | 16 | | unstamped packages of cigarettes. With the exception of | 17 | | licensed distributors, licensed secondary distributors, or | 18 | | licensed transporters, as defined in Section 9c of the | 19 | | Cigarette Tax Act, any person who has in his or her possession | 20 | | or sells more than 100 but less than 251 original packages of | 21 | | contraband cigarettes is guilty of a Class A misdemeanor for | 22 | | the first offense and a Class 4 felony for each subsequent | 23 | | offense. | 24 | | (c) Possession or sale of more than 250 but less than 1,001 | 25 | | unstamped packages of cigarettes. With the exception of |
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| 1 | | licensed distributors, licensed secondary distributors, or | 2 | | licensed transporters, as defined in Section 9c of the | 3 | | Cigarette Tax Act, any person who has in his or her possession | 4 | | or sells more than 250 but less than 1,001 original packages of | 5 | | contraband cigarettes is guilty of a Class 4 felony. | 6 | | (d) Possession or sale of more than 1,000 contraband | 7 | | packages of cigarettes. With the exception of licensed | 8 | | distributors, licensed secondary distributors, or licensed | 9 | | transporters, as defined in Section 9c of the Cigarette Tax | 10 | | Act, any person who has in his or her possession or sells, more | 11 | | than 1,000 original packages of contraband cigarettes is guilty | 12 | | of a Class 3 felony. | 13 | | (e) Any person licensed as a distributor, secondary | 14 | | distributor, or transporter, as defined in Section 9c of the | 15 | | Cigarette Tax Act, who has in his or her possession or sells | 16 | | 100 or less original packages of contraband cigarettes is | 17 | | guilty of a Class A misdemeanor and a Class 4 felony for each | 18 | | subsequent offense occurring within 12 months of a prior | 19 | | offense. | 20 | | (f) Any person licensed as a distributor, secondary | 21 | | distributor, or transporter, as defined in Section 9c of the | 22 | | Cigarette Tax Act, who has in his or her possession or sells | 23 | | more than 100 original packages of contraband cigarettes is | 24 | | guilty of a Class 4 felony. | 25 | | (g) Notwithstanding subsections (e) through (f), licensed | 26 | | distributors and transporters, as defined in Section 9c of the |
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| 1 | | Cigarette Tax Act, may possess unstamped packages of | 2 | | cigarettes. Notwithstanding subsections (e) through (f), | 3 | | licensed distributors may possess cigarettes that bear a tax | 4 | | stamp of another state or taxing jurisdiction. Notwithstanding | 5 | | subsections (e) through (f), a licensed distributor or licensed | 6 | | secondary distributor may possess contraband cigarettes | 7 | | returned to the distributor or licensed secondary distributor | 8 | | by a retailer if the distributor or licensed secondary | 9 | | distributor immediately conducts an inventory of the | 10 | | cigarettes being returned, the distributor or licensed | 11 | | secondary distributor and the retailer returning the | 12 | | contraband cigarettes sign the inventory, the distributor or | 13 | | licensed secondary distributor provides a copy of the signed | 14 | | inventory to the retailer, and the distributor or licensed | 15 | | secondary distributor retains the inventory in its books and | 16 | | records and promptly notifies the Department of Revenue. | 17 | | (h) Notwithstanding subsections (a) through (d) of this | 18 | | Section, a retailer unknowingly possessing contraband | 19 | | cigarettes obtained from a licensed distributor or licensed | 20 | | secondary distributor or knowingly possessing contraband | 21 | | cigarettes obtained from a licensed distributor or licensed | 22 | | secondary distributor is not subject to penalties under this | 23 | | Section if the retailer, within 48 hours after discovering that | 24 | | the cigarettes are contraband cigarettes, excluding Saturdays, | 25 | | Sundays, and holidays: (i) notifies the Department and the | 26 | | licensed distributor or licensed secondary distributor from |
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| 1 | | whom the cigarettes were obtained, orally and in writing, that | 2 | | he or she possesses contraband cigarettes obtained from a | 3 | | licensed distributor or licensed secondary distributor; (ii) | 4 | | places the contraband cigarettes in one or more containers and | 5 | | seals those containers; and (iii) places on the containers the | 6 | | following or similar language: "Contraband Cigarettes. Not For | 7 | | Sale." All contraband cigarettes in the possession of a | 8 | | retailer remain subject to forfeiture under the provisions of | 9 | | this Act.
| 10 | | Any retailer who knowingly possesses packages of | 11 | | cigarettes with a counterfeit stamp with intent to sell is | 12 | | guilty of a Class 2 felony. Any retailer who knowingly | 13 | | possesses unstamped packages of cigarettes with intent to sell | 14 | | is guilty of a Class 4 felony. A retailer shall not be liable | 15 | | for unknowingly possessing, selling, or distributing to | 16 | | consumers cigarettes that contain an old stamp if the correct | 17 | | tax was collected at the point of sale and the cigarettes were | 18 | | obtained from a distributor licensed under this Act. | 19 | | (i) Notwithstanding any other provision of law, violations | 20 | | of subsection (d) of Section 1 of the Prevention of Tobacco Use | 21 | | by Minors and Sale and Distribution of Tobacco Products Act, | 22 | | other than violations involving the sale or distribution of a | 23 | | tobacco product to a minor under the age of 18, shall be | 24 | | subject only to the penalties provided in subsection (g-5) of | 25 | | Section 2 of that Act. | 26 | | (Source: P.A. 98-1055, eff. 1-1-16.)
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| 1 | | Section 15. The Prevention of Tobacco Use by
Minors and | 2 | | Sale and Distribution of Tobacco Products Act is amended by | 3 | | changing Section 2 as follows: | 4 | | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| 5 | | (Text of Section before amendment by P.A. 98-1055 ) | 6 | | Sec. 2. Penalties. | 7 | | (a) Any person who violates subsection (a), (a-5), or (a-6) | 8 | | of Section 1
or Section 1.5 of this Act is guilty of a
petty | 9 | | offense and
for the first offense
shall be fined $200, $400 for | 10 | | the
second offense in a 12-month period, and
$600 for the third | 11 | | or any
subsequent
offense in a 12-month period.
| 12 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 13 | | she is guilty of a petty offense and the court may
impose a | 14 | | sentence of 15 hours of
community
service or a fine of $25 for | 15 | | a first violation.
| 16 | | (c) A second violation by a minor of subsection (a-7) of | 17 | | Section 1 that occurs
within 12 months after the first | 18 | | violation is punishable by a fine of $50 and
25
hours of | 19 | | community service.
| 20 | | (d) A third or subsequent violation by a minor of | 21 | | subsection (a-7) of Section
1
that
occurs within 12 months | 22 | | after the first violation is punishable by a $100
fine
and 30 | 23 | | hours of community service.
| 24 | | (e) Any second or subsequent violation not within the |
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| 1 | | 12-month time period
after
the first violation is punishable as | 2 | | provided for a first violation.
| 3 | | (f) If a minor is convicted of or placed on supervision for | 4 | | a violation of
subsection (a-7) of Section 1, the court may, in | 5 | | its discretion, and upon
recommendation by the State's | 6 | | Attorney, order that minor and his or her parents
or legal
| 7 | | guardian to attend a smoker's education or youth diversion | 8 | | program if that
program is available in the jurisdiction where | 9 | | the offender resides.
Attendance at a smoker's education or | 10 | | youth diversion program
shall be time-credited against any | 11 | | community service time imposed for any
first violation of | 12 | | subsection (a-7) of Section 1. In addition to any other
penalty
| 13 | | that the court may impose for a violation of subsection (a-7) | 14 | | of Section 1, the
court, upon request by the State's Attorney, | 15 | | may in its discretion
require
the offender to remit a fee for | 16 | | his or her attendance at a smoker's
education or
youth | 17 | | diversion program.
| 18 | | (g) For purposes of this Section, "smoker's education
| 19 | | program"
or
"youth diversion program" includes, but is not | 20 | | limited to, a seminar designed
to educate a person on the | 21 | | physical and psychological effects of smoking
tobacco products | 22 | | and the health consequences of smoking tobacco products
that | 23 | | can be conducted with a locality's youth diversion program.
| 24 | | (g-5) A violation of subsection (d) of Section 1 of this | 25 | | Act, other than a violation involving the sale or distribution | 26 | | of a tobacco product to a minor under the age of 18, is a petty |
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| 1 | | offense punishable by a fine of not more
than $50 for each | 2 | | violation. Such a violation may be satisfied without a court | 3 | | appearance by a written plea of guilty and payment of all | 4 | | applicable fines, penalties, and costs. | 5 | | (h) All moneys collected as fines for violations of | 6 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 7 | | distributed in the following manner:
| 8 | | (1) one-half of each fine shall be distributed to the | 9 | | unit of local
government or other entity that successfully | 10 | | prosecuted the offender;
and
| 11 | | (2) one-half shall be remitted to the State to be used | 12 | | for enforcing this
Act.
| 13 | | (Source: P.A. 98-350, eff. 1-1-14.)
| 14 | | (Text of Section after amendment by P.A. 98-1055 ) | 15 | | Sec. 2. Penalties. | 16 | | (a) Any person who violates subsection (a) or (a-5) of | 17 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 18 | | offense. For the first offense in a 24-month period, the person | 19 | | shall be fined $200 if his or her employer has a training | 20 | | program that facilitates compliance with minimum-age tobacco | 21 | | laws. For the second offense in a 24-month period, the person | 22 | | shall be fined $400 if his or her employer has a training | 23 | | program that facilitates compliance with minimum-age tobacco | 24 | | laws. For the third offense in a 24-month period, the person | 25 | | shall be fined $600 if his or her employer has a training |
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| 1 | | program that facilitates compliance with minimum-age tobacco | 2 | | laws. For the fourth or subsequent offense in a 24-month | 3 | | period, the person shall be fined $800 if his or her employer | 4 | | has a training program that facilitates compliance with | 5 | | minimum-age tobacco laws. For the purposes of this subsection, | 6 | | the 24-month period shall begin with the person's first | 7 | | violation of the Act. The penalties in this subsection are in | 8 | | addition to any other penalties prescribed under the Cigarette | 9 | | Tax Act and the Tobacco Products Tax Act of 1995. | 10 | | (a-5) Any person who violates subsection (a) or (a-5) of | 11 | | Section 1 or Section 1.5 of this Act is guilty of a petty | 12 | | offense. For the first offense, the retailer shall be fined | 13 | | $200 if it does not have a training program that facilitates | 14 | | compliance with minimum-age tobacco laws. For the second | 15 | | offense, the retailer shall be fined $400 if it does not have a | 16 | | training program that facilitates compliance with minimum-age | 17 | | tobacco laws. For the third offense, the retailer shall be | 18 | | fined $600 if it does not have a training program that | 19 | | facilitates compliance with minimum-age tobacco laws. For the | 20 | | fourth or subsequent offense in a 24-month period, the retailer | 21 | | shall be fined $800 if it does not have a training program that | 22 | | facilitates compliance with minimum-age tobacco laws. For the | 23 | | purposes of this subsection, the 24-month period shall begin | 24 | | with the person's first violation of the Act. The penalties in | 25 | | this subsection are in addition to any other penalties | 26 | | prescribed under the Cigarette Tax Act and the Tobacco Products |
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| 1 | | Tax Act of 1995. | 2 | | (a-6) For the purpose of this Act, a training program that | 3 | | facilitates compliance with minimum-age tobacco laws must | 4 | | include at least the following elements: (i) it must explain | 5 | | that only individuals displaying valid identification | 6 | | demonstrating that they are 18 years of age or older shall be | 7 | | eligible to purchase cigarettes or tobacco products; (ii) it | 8 | | must explain where a clerk can check identification for a date | 9 | | of birth; and (iii) it must explain the penalties that a clerk | 10 | | and retailer are subject to for violations of the Prevention of | 11 | | Tobacco Use by Minors and Sale and Distribution of Tobacco | 12 | | Products Act.
| 13 | | (b) If a minor violates subsection (a-7) of Section 1 he or | 14 | | she is guilty of a petty offense and the court may
impose a | 15 | | sentence of 25 hours of
community
service and a fine of $50 for | 16 | | a first violation. If a minor violates subsection (a-6) of | 17 | | Section 1, he or she is guilty of a Class A misdemeanor.
| 18 | | (c) A second violation by a minor of subsection (a-7) of | 19 | | Section 1 that occurs
within 12 months after the first | 20 | | violation is punishable by a fine of $75 and 50
hours of | 21 | | community service.
| 22 | | (d) A third or subsequent violation by a minor of | 23 | | subsection (a-7) of Section
1
that
occurs within 12 months | 24 | | after the first violation is punishable by a $200
fine
and 50 | 25 | | hours of community service.
| 26 | | (e) Any second or subsequent violation not within the |
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| 1 | | 12-month time period
after
the first violation is punishable as | 2 | | provided for a first violation.
| 3 | | (f) If a minor is convicted of or placed on supervision for | 4 | | a violation of
subsection (a-6) or (a-7) of Section 1, the | 5 | | court may, in its discretion, and upon
recommendation by the | 6 | | State's Attorney, order that minor and his or her parents
or | 7 | | legal
guardian to attend a smoker's education or youth | 8 | | diversion program if that
program is available in the | 9 | | jurisdiction where the offender resides.
Attendance at a | 10 | | smoker's education or youth diversion program
shall be | 11 | | time-credited against any community service time imposed for | 12 | | any
first violation of subsection (a-7) of Section 1. In | 13 | | addition to any other
penalty
that the court may impose for a | 14 | | violation of subsection (a-7) of Section 1, the
court, upon | 15 | | request by the State's Attorney, may in its discretion
require
| 16 | | the offender to remit a fee for his or her attendance at a | 17 | | smoker's
education or
youth diversion program.
| 18 | | (g) For purposes of this Section, "smoker's education
| 19 | | program"
or
"youth diversion program" includes, but is not | 20 | | limited to, a seminar designed
to educate a person on the | 21 | | physical and psychological effects of smoking
tobacco products | 22 | | and the health consequences of smoking tobacco products
that | 23 | | can be conducted with a locality's youth diversion program.
| 24 | | (g-5) A violation of subsection (d) of Section 1 of this | 25 | | Act, other than a violation involving the sale or distribution | 26 | | of a tobacco product to a minor under the age of 18, is a petty |
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| 1 | | offense punishable by a fine of not more
than $50 for each | 2 | | violation. Such a violation may be satisfied without a court | 3 | | appearance by a written plea of guilty and payment of all | 4 | | applicable fines, penalties, and costs. | 5 | | (h) All moneys collected as fines for violations of | 6 | | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | 7 | | distributed in the following manner:
| 8 | | (1) one-half of each fine shall be distributed to the | 9 | | unit of local
government or other entity that successfully | 10 | | prosecuted the offender;
and
| 11 | | (2) one-half shall be remitted to the State to be used | 12 | | for enforcing this
Act.
| 13 | | Any violation of subsection (a) or (a-5) of Section 1 or | 14 | | Section 1.5 shall be reported to the Department of Revenue | 15 | | within 7 business days. | 16 | | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)
| 17 | | Section 95. No acceleration or delay. Where this Act makes | 18 | | changes in a statute that is represented in this Act by text | 19 | | that is not yet or no longer in effect (for example, a Section | 20 | | represented by multiple versions), the use of that text does | 21 | | not accelerate or delay the taking effect of (i) the changes | 22 | | made by this Act or (ii) provisions derived from any other | 23 | | Public Act.
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