Full Text of SB0330 094th General Assembly
SB0330 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB0330
Introduced 2/15/2005, by Sen. Larry K. Bomke SYNOPSIS AS INTRODUCED: |
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720 ILCS 685/3 |
from Ch. 23, par. 2358-3 |
720 ILCS 685/4 |
from Ch. 23, par. 2358-4 |
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Amends the Tobacco Accessories and Smoking Herbs Control Act. Prohibits the sale, barter, exchange, delivery, and giving away of flavored cigarettes (in addition to bidi cigarettes). Effective immediately.
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A BILL FOR
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SB0330 |
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LRB094 05859 RLC 35913 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 3 and 4 as 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 | 8 |
| to this
Act:
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| (a) "Tobacco accessories" shall mean cigarette papers, | 10 |
| pipes, holders
of smoking materials of all types, cigarette | 11 |
| rolling machines, and other
items, designed primarily for the | 12 |
| smoking or ingestion of tobacco products
or of substances made | 13 |
| illegal under any statute or of substances whose
sale, gift, | 14 |
| barter, or exchange is made unlawful under this Act.
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| (b) "Smoking herbs" shall mean all substances of plant | 16 |
| origin and their
derivatives, including but not limited to | 17 |
| broom, calea, California poppy,
damiana, hops, ginseng, | 18 |
| lobelia, jimson weed and other members of the Datura
genus, | 19 |
| passion flower and wild lettuce, which are processed or sold | 20 |
| primarily
for use as smoking materials.
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| (c) "Bidi cigarette" means a product that contains tobacco | 22 |
| that is
wrapped
in temburni or tendu leaf or that is wrapped in | 23 |
| any
other material identified by rules of the Department of | 24 |
| Public Health that is
similar in appearance or
characteristics | 25 |
| to the temburni or tendu leaf.
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| (d) "Flavored cigarette" means a cigarette or any of its | 27 |
| component parts (including the tobacco, filter, or paper) that | 28 |
| contains, as a constituent (including a smoke constituent) or | 29 |
| additive, an artificial or natural flavor (other than tobacco | 30 |
| or menthol) or an herb or spice, including strawberry, grape, | 31 |
| orange, clove, cinnamon, pineapple, vanilla, coconut, | 32 |
| licorice, cocoa, chocolate, cherry, or coffee, that is a |
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SB0330 |
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LRB094 05859 RLC 35913 b |
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| characterizing flavor of the tobacco product or tobacco smoke.
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| (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, | 6 |
| 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 | 8 |
| accessories
or smoking herbs to any person under 18 years of | 9 |
| age.
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| (a-5) Sale of bidi and flavored cigarettes. No person shall | 11 |
| knowingly sell, barter,
exchange, deliver, or give away a bidi | 12 |
| or flavored cigarette to another
person, nor shall a person | 13 |
| cause or permit or procure a bidi or flavored cigarette to be
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| sold, bartered, exchanged, delivered, or given away to
another | 15 |
| person.
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| (b) Sale of cigarette paper. No person shall knowingly | 17 |
| offer, sell,
barter, exchange, deliver or give away cigarette | 18 |
| paper or cause, permit, or
procure cigarette paper to be sold, | 19 |
| offered, bartered, exchanged,
delivered, or given away except | 20 |
| from premises or an establishment where other
tobacco
products | 21 |
| are sold. For purposes of this Section, "tobacco products" | 22 |
| means
cigarettes, cigars, smokeless tobacco, or tobacco in any | 23 |
| of its forms.
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| (c) Sale of cigarette paper from vending machines. No | 25 |
| person shall
knowingly offer, sell, barter, exchange, deliver | 26 |
| or give away cigarette
paper or cause, permit, or procure | 27 |
| cigarette paper to be sold, offered,
bartered, exchanged, | 28 |
| delivered, or
given away by use of a vending or coin-operated | 29 |
| machine or device. For
purposes of this Section, "cigarette | 30 |
| paper" shall not
include any paper that is incorporated into a | 31 |
| product to which a tax stamp
must be affixed under the | 32 |
| Cigarette Tax Act or the Cigarette Use Tax Act.
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| (d) Use of identification cards. No person in the | 34 |
| furtherance or
facilitation of obtaining smoking accessories | 35 |
| and smoking herbs shall
display or use a false or forged |
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SB0330 |
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LRB094 05859 RLC 35913 b |
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| identification card or transfer, alter, or
deface an | 2 |
| identification card.
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| (e) Warning to minors. Any person, firm, partnership, | 4 |
| company or
corporation operating a place of business where | 5 |
| tobacco accessories and
smoking herbs are sold or offered for | 6 |
| sale shall post in a conspicuous
place upon the premises a sign | 7 |
| upon which there shall be imprinted the
following statement, | 8 |
| "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER | 9 |
| 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 | 11 |
| printed on
a white card in red letters at least one-half inch | 12 |
| in height.
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| (Source: P.A. 91-734, eff. 1-1-01.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
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