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91_SB1215
LRB9104030LDks
1 AN ACT in relation to the purchase, sale, use, and
2 possession of tobacco by minors.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Identification Act is amended by
6 changing Section 5 as follows:
7 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
8 (Text of Section before amendment by P.A. 90-590)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors who have been
16 arrested or taken into custody before their 17th birthday for
17 an offense that if committed by an adult would constitute the
18 offense of unlawful use of weapons under Article 24 of the
19 Criminal Code of 1961, a forcible felony as defined in
20 Section 2-8 of the Criminal Code of 1961, or a Class 2 or
21 greater felony under the Cannabis Control Act, the Illinois
22 Controlled Substances Act, or Chapter 4 of the Illinois
23 Vehicle Code. Moving or nonmoving traffic violations under
24 the Illinois Vehicle Code shall not be reported except for
25 violations of Chapter 4, Section 11-204.1, or Section 11-501
26 of that Code. In addition, conservation offenses, as defined
27 in the Supreme Court Rule 501(c), that are classified as
28 Class B misdemeanors shall not be reported. Violations by
29 persons under 18 years of age of the Prevention of Tobacco
30 Use by Minors Act shall not be reported.
31 Whenever an adult or minor prosecuted as an adult, not
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1 having previously been convicted of any criminal offense or
2 municipal ordinance violation, charged with a violation of a
3 municipal ordinance or a felony or misdemeanor, is acquitted
4 or released without being convicted, whether the acquittal or
5 release occurred before, on, or after the effective date of
6 this amendatory Act of 1991, the Chief Judge of the circuit
7 wherein the charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less than
9 3,000,000 inhabitants, the presiding trial judge at the
10 defendant's trial may upon verified petition of the defendant
11 order the record of arrest expunged from the official records
12 of the arresting authority and the Department and order that
13 the records of the clerk of the circuit court be sealed until
14 further order of the court upon good cause shown and the name
15 of the defendant obliterated on the official index required
16 to be kept by the circuit court clerk under Section 16 of the
17 Clerks of Courts Act, but the order shall not affect any
18 index issued by the circuit court clerk before the entry of
19 the order. The Department may charge the petitioner a fee
20 equivalent to the cost of processing any order to expunge or
21 seal the records, and the fee shall be deposited into the
22 State Police Services Fund. The records of those arrests,
23 however, that result in a disposition of supervision for any
24 offense shall not be expunged from the records of the
25 arresting authority or the Department nor impounded by the
26 court until 2 years after discharge and dismissal of
27 supervision. Those records that result from a supervision
28 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
29 11-503 of the Illinois Vehicle Code or a similar provision of
30 a local ordinance, or for a violation of Section 12-3.2,
31 12-15 or 16A-3 of the Criminal Code of 1961, or probation
32 under Section 10 of the Cannabis Control Act, Section 410 of
33 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
34 and (2) of the Criminal Code of 1961 (as those provisions
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1 existed before their deletion by Public Act 89-313), Section
2 10-102 of the Illinois Alcoholism and Other Drug Dependency
3 Act when the judgment of conviction has been vacated, Section
4 40-10 of the Alcoholism and Other Drug Abuse and Dependency
5 Act when the judgment of conviction has been vacated, or
6 Section 10 of the Steroid Control Act shall not be expunged
7 from the records of the arresting authority nor impounded by
8 the court until 5 years after termination of probation or
9 supervision. Those records that result from a supervision for
10 a violation of Section 11-501 of the Illinois Vehicle Code or
11 a similar provision of a local ordinance, shall not be
12 expunged. All records set out above may be ordered by the
13 court to be expunged from the records of the arresting
14 authority and impounded by the court after 5 years, but shall
15 not be expunged by the Department, but shall, on court order
16 be sealed by the Department and may be disseminated by the
17 Department only as required by law or to the arresting
18 authority, the State's Attorney, and the court upon a later
19 arrest for the same or a similar offense or for the purpose
20 of sentencing for any subsequent felony. Upon conviction for
21 any offense, the Department of Corrections shall have access
22 to all sealed records of the Department pertaining to that
23 individual.
24 (b) Whenever a person has been convicted of a crime or
25 of the violation of a municipal ordinance, in the name of a
26 person whose identity he has stolen or otherwise come into
27 possession of, the aggrieved person from whom the identity
28 was stolen or otherwise obtained without authorization, upon
29 learning of the person having been arrested using his
30 identity, may, upon verified petition to the chief judge of
31 the circuit wherein the arrest was made, have a court order
32 entered nunc pro tunc by the chief judge to correct the
33 arrest record, conviction record, if any, and all official
34 records of the arresting authority, the Department, other
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1 criminal justice agencies, the prosecutor, and the trial
2 court concerning such arrest, if any, by removing his name
3 from all such records in connection with the arrest and
4 conviction, if any, and by inserting in the records the name
5 of the offender, if known or ascertainable, in lieu of the
6 aggrieved's name. The records of the clerk of the circuit
7 court clerk shall be sealed until further order of the court
8 upon good cause shown and the name of the aggrieved person
9 obliterated on the official index required to be kept by the
10 circuit court clerk under Section 16 of the Clerks of Courts
11 Act, but the order shall not affect any index issued by the
12 circuit court clerk before the entry of the order. Nothing in
13 this Section shall limit the Department of State Police or
14 other criminal justice agencies or prosecutors from listing
15 under an offender's name the false names he or she has used.
16 For purposes of this Section, convictions for moving and
17 nonmoving traffic violations other than convictions for
18 violations of Chapter 4, Section 11-204.1 or Section 11-501
19 of the Illinois Vehicle Code shall not be a bar to expunging
20 the record of arrest and court records for violation of a
21 misdemeanor or municipal ordinance.
22 (c) Whenever a person who has been convicted of an
23 offense is granted a pardon by the Governor which
24 specifically authorizes expungement, he may, upon verified
25 petition to the chief judge of the circuit where the person
26 had been convicted, any judge of the circuit designated by
27 the Chief Judge, or in counties of less than 3,000,000
28 inhabitants, the presiding trial judge at the defendant's
29 trial, may have a court order entered expunging the record of
30 arrest from the official records of the arresting authority
31 and order that the records of the clerk of the circuit court
32 and the Department be sealed until further order of the court
33 upon good cause shown or as otherwise provided herein, and
34 the name of the defendant obliterated from the official index
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1 requested to be kept by the circuit court clerk under Section
2 16 of the Clerks of Courts Act in connection with the arrest
3 and conviction for the offense for which he had been pardoned
4 but the order shall not affect any index issued by the
5 circuit court clerk before the entry of the order. All
6 records sealed by the Department may be disseminated by the
7 Department only as required by law or to the arresting
8 authority, the State's States Attorney, and the court upon a
9 later arrest for the same or similar offense or for the
10 purpose of sentencing for any subsequent felony. Upon
11 conviction for any subsequent offense, the Department of
12 Corrections shall have access to all sealed records of the
13 Department pertaining to that individual. Upon entry of the
14 order of expungement, the clerk of the circuit court shall
15 promptly mail a copy of the order to the person who was
16 pardoned.
17 (d) Notice of the petition for subsections (a), (b), and
18 (c) shall be served upon the State's Attorney or prosecutor
19 charged with the duty of prosecuting the offense, the
20 Department of State Police, the arresting agency and the
21 chief legal officer of the unit of local government affecting
22 the arrest. Unless the State's Attorney or prosecutor, the
23 Department of State Police, the arresting agency or such
24 chief legal officer objects to the petition within 30 days
25 from the date of the notice, the court shall enter an order
26 granting or denying the petition. The clerk of the court
27 shall promptly mail a copy of the order to the person, the
28 arresting agency, the prosecutor, the Department of State
29 Police and such other criminal justice agencies as may be
30 ordered by the judge.
31 (e) Nothing herein shall prevent the Department of State
32 Police from maintaining all records of any person who is
33 admitted to probation upon terms and conditions and who
34 fulfills those terms and conditions pursuant to Section 10 of
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1 the Cannabis Control Act, Section 410 of the Illinois
2 Controlled Substances Act, Section 12-4.3 of the Criminal
3 Code of 1961, Section 10-102 of the Illinois Alcoholism and
4 Other Drug Dependency Act, Section 40-10 of the Alcoholism
5 and Other Drug Abuse and Dependency Act, or Section 10 of the
6 Steroid Control Act.
7 (f) No court order issued pursuant to the expungement
8 provisions of this Section shall become final for purposes of
9 appeal until 30 days after notice is received by the
10 Department. Any court order contrary to the provisions of
11 this Section is void.
12 (g) The court shall not order the sealing or expungement
13 of the arrest records and records of the circuit court clerk
14 of any person granted supervision for or convicted of any
15 sexual offense committed against a minor under 18 years of
16 age. For the purposes of this Section, "sexual offense
17 committed against a minor" includes but is not limited to the
18 offenses of indecent solicitation of a child or criminal
19 sexual abuse when the victim of such offense is under 18
20 years of age.
21 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
22 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
23 (Text of Section after amendment by P.A. 90-590)
24 Sec. 5. Arrest reports; expungement.
25 (a) All policing bodies of this State shall furnish to
26 the Department, daily, in the form and detail the Department
27 requires, fingerprints and descriptions of all persons who
28 are arrested on charges of violating any penal statute of
29 this State for offenses that are classified as felonies and
30 Class A or B misdemeanors and of all minors of the age of 10
31 and over who have been arrested for an offense which would be
32 a felony if committed by an adult, and may forward such
33 fingerprints and descriptions for minors arrested for Class A
34 or B misdemeanors. Moving or nonmoving traffic violations
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1 under the Illinois Vehicle Code shall not be reported except
2 for violations of Chapter 4, Section 11-204.1, or Section
3 11-501 of that Code. In addition, conservation offenses, as
4 defined in the Supreme Court Rule 501(c), that are classified
5 as Class B misdemeanors shall not be reported. Violations by
6 persons under 18 years of age of the Prevention of Tobacco
7 Use by Minors Act shall not be reported.
8 Whenever an adult or minor prosecuted as an adult, not
9 having previously been convicted of any criminal offense or
10 municipal ordinance violation, charged with a violation of a
11 municipal ordinance or a felony or misdemeanor, is acquitted
12 or released without being convicted, whether the acquittal or
13 release occurred before, on, or after the effective date of
14 this amendatory Act of 1991, the Chief Judge of the circuit
15 wherein the charge was brought, any judge of that circuit
16 designated by the Chief Judge, or in counties of less than
17 3,000,000 inhabitants, the presiding trial judge at the
18 defendant's trial may upon verified petition of the defendant
19 order the record of arrest expunged from the official records
20 of the arresting authority and the Department and order that
21 the records of the clerk of the circuit court be sealed until
22 further order of the court upon good cause shown and the name
23 of the defendant obliterated on the official index required
24 to be kept by the circuit court clerk under Section 16 of the
25 Clerks of Courts Act, but the order shall not affect any
26 index issued by the circuit court clerk before the entry of
27 the order. The Department may charge the petitioner a fee
28 equivalent to the cost of processing any order to expunge or
29 seal the records, and the fee shall be deposited into the
30 State Police Services Fund. The records of those arrests,
31 however, that result in a disposition of supervision for any
32 offense shall not be expunged from the records of the
33 arresting authority or the Department nor impounded by the
34 court until 2 years after discharge and dismissal of
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1 supervision. Those records that result from a supervision
2 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
3 11-503 of the Illinois Vehicle Code or a similar provision of
4 a local ordinance, or for a violation of Section 12-3.2,
5 12-15 or 16A-3 of the Criminal Code of 1961, or probation
6 under Section 10 of the Cannabis Control Act, Section 410 of
7 the Illinois Controlled Substances Act, Section 12-4.3(b)(1)
8 and (2) of the Criminal Code of 1961 (as those provisions
9 existed before their deletion by Public Act 89-313), Section
10 10-102 of the Illinois Alcoholism and Other Drug Dependency
11 Act when the judgment of conviction has been vacated, Section
12 40-10 of the Alcoholism and Other Drug Abuse and Dependency
13 Act when the judgment of conviction has been vacated, or
14 Section 10 of the Steroid Control Act shall not be expunged
15 from the records of the arresting authority nor impounded by
16 the court until 5 years after termination of probation or
17 supervision. Those records that result from a supervision
18 for a violation of Section 11-501 of the Illinois Vehicle
19 Code or a similar provision of a local ordinance, shall not
20 be expunged. All records set out above may be ordered by the
21 court to be expunged from the records of the arresting
22 authority and impounded by the court after 5 years, but shall
23 not be expunged by the Department, but shall, on court order
24 be sealed by the Department and may be disseminated by the
25 Department only as required by law or to the arresting
26 authority, the State's Attorney, and the court upon a later
27 arrest for the same or a similar offense or for the purpose
28 of sentencing for any subsequent felony. Upon conviction for
29 any offense, the Department of Corrections shall have access
30 to all sealed records of the Department pertaining to that
31 individual.
32 (a-5) Those records maintained by the Department for
33 persons arrested prior to their 17th birthday shall be
34 expunged as provided in Section 5-915 of the Juvenile Court
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1 Act of 1987.
2 (b) Whenever a person has been convicted of a crime or
3 of the violation of a municipal ordinance, in the name of a
4 person whose identity he has stolen or otherwise come into
5 possession of, the aggrieved person from whom the identity
6 was stolen or otherwise obtained without authorization, upon
7 learning of the person having been arrested using his
8 identity, may, upon verified petition to the chief judge of
9 the circuit wherein the arrest was made, have a court order
10 entered nunc pro tunc by the chief judge to correct the
11 arrest record, conviction record, if any, and all official
12 records of the arresting authority, the Department, other
13 criminal justice agencies, the prosecutor, and the trial
14 court concerning such arrest, if any, by removing his name
15 from all such records in connection with the arrest and
16 conviction, if any, and by inserting in the records the name
17 of the offender, if known or ascertainable, in lieu of the
18 has name. The records of the clerk of the circuit court
19 clerk shall be sealed until further order of the court upon
20 good cause shown and the name of the aggrieved person
21 obliterated on the official index required to be kept by the
22 circuit court clerk under Section 16 of the Clerks of Courts
23 Act, but the order shall not affect any index issued by the
24 circuit court clerk before the entry of the order. Nothing in
25 this Section shall limit the Department of State Police or
26 other criminal justice agencies or prosecutors from listing
27 under an offender's name the false names he or she has used.
28 For purposes of this Section, convictions for moving and
29 nonmoving traffic violations other than convictions for
30 violations of Chapter 4, Section 11-204.1 or Section 11-501
31 of the Illinois Vehicle Code shall not be a bar to expunging
32 the record of arrest and court records for violation of a
33 misdemeanor or municipal ordinance.
34 (c) Whenever a person who has been convicted of an
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1 offense is granted a pardon by the Governor which
2 specifically authorizes expungement, he may, upon verified
3 petition to the chief judge of the circuit where the person
4 had been convicted, any judge of the circuit designated by
5 the Chief Judge, or in counties of less than 3,000,000
6 inhabitants, the presiding trial judge at the defendant's
7 trial, may have a court order entered expunging the record of
8 arrest from the official records of the arresting authority
9 and order that the records of the clerk of the circuit court
10 and the Department be sealed until further order of the court
11 upon good cause shown or as otherwise provided herein, and
12 the name of the defendant obliterated from the official index
13 requested to be kept by the circuit court clerk under Section
14 16 of the Clerks of Courts Act in connection with the arrest
15 and conviction for the offense for which he had been pardoned
16 but the order shall not affect any index issued by the
17 circuit court clerk before the entry of the order. All
18 records sealed by the Department may be disseminated by the
19 Department only as required by law or to the arresting
20 authority, the State's States Attorney, and the court upon a
21 later arrest for the same or similar offense or for the
22 purpose of sentencing for any subsequent felony. Upon
23 conviction for any subsequent offense, the Department of
24 Corrections shall have access to all sealed records of the
25 Department pertaining to that individual. Upon entry of the
26 order of expungement, the clerk of the circuit court shall
27 promptly mail a copy of the order to the person who was
28 pardoned.
29 (d) Notice of the petition for subsections (a), (b), and
30 (c) shall be served upon the State's Attorney or prosecutor
31 charged with the duty of prosecuting the offense, the
32 Department of State Police, the arresting agency and the
33 chief legal officer of the unit of local government affecting
34 the arrest. Unless the State's Attorney or prosecutor, the
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1 Department of State Police, the arresting agency or such
2 chief legal officer objects to the petition within 30 days
3 from the date of the notice, the court shall enter an order
4 granting or denying the petition. The clerk of the court
5 shall promptly mail a copy of the order to the person, the
6 arresting agency, the prosecutor, the Department of State
7 Police and such other criminal justice agencies as may be
8 ordered by the judge.
9 (e) Nothing herein shall prevent the Department of State
10 Police from maintaining all records of any person who is
11 admitted to probation upon terms and conditions and who
12 fulfills those terms and conditions pursuant to Section 10 of
13 the Cannabis Control Act, Section 410 of the Illinois
14 Controlled Substances Act, Section 12-4.3 of the Criminal
15 Code of 1961, Section 10-102 of the Illinois Alcoholism and
16 Other Drug Dependency Act, Section 40-10 of the Alcoholism
17 and Other Drug Abuse and Dependency Act, or Section 10 of the
18 Steroid Control Act.
19 (f) No court order issued pursuant to the expungement
20 provisions of this Section shall become final for purposes of
21 appeal until 30 days after notice is received by the
22 Department. Any court order contrary to the provisions of
23 this Section is void.
24 (g) The court shall not order the sealing or expungement
25 of the arrest records and records of the circuit court clerk
26 of any person granted supervision for or convicted of any
27 sexual offense committed against a minor under 18 years of
28 age. For the purposes of this Section, "sexual offense
29 committed against a minor" includes but is not limited to the
30 offenses of indecent solicitation of a child or criminal
31 sexual abuse when the victim of such offense is under 18
32 years of age.
33 (Source: P.A. 89-637, eff. 1-1-97; 89-689, eff. 12-31-96;
34 90-590, eff. 1-1-00; revised 10-31-98.)
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1 Section 10. The Illinois Uniform Conviction Information
2 Act is amended by changing Section 3 as follows:
3 (20 ILCS 2635/3) (from Ch. 38, par. 1603)
4 Sec. 3. Definitions. Whenever used in this Act, and for
5 the purposes of this Act, unless the context clearly
6 indicates otherwise:
7 (A) "Accurate" means factually correct, containing no
8 mistake or error of a material nature.
9 (B) The phrase "administer the criminal laws" includes
10 any of the following activities: intelligence gathering,
11 surveillance, criminal investigation, crime detection and
12 prevention (including research), apprehension, detention,
13 pretrial or post-trial release, prosecution, the correctional
14 supervision or rehabilitation of accused persons or criminal
15 offenders, criminal identification activities, or the
16 collection, maintenance or dissemination of criminal history
17 record information.
18 (C) "The Authority" means the Illinois Criminal Justice
19 Information Authority.
20 (D) "Automated" means the utilization of computers,
21 telecommunication lines, or other automatic data processing
22 equipment for data collection or storage, analysis,
23 processing, preservation, maintenance, dissemination, or
24 display and is distinguished from a system in which such
25 activities are performed manually.
26 (E) "Complete" means accurately reflecting all the
27 criminal history record information about an individual that
28 is required to be reported to the Department pursuant to
29 Section 2.1 of the Criminal Identification Act.
30 (F) "Conviction information" means data reflecting a
31 judgment of guilt or nolo contendere. The term includes all
32 prior and subsequent criminal history events directly
33 relating to such judgments, such as, but not limited to: (1)
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1 the notation of arrest; (2) the notation of charges filed;
2 (3) the sentence imposed; (4) the fine imposed; and (5) all
3 related probation, parole, and release information.
4 Information ceases to be "conviction information" when a
5 judgment of guilt is reversed or vacated.
6 For purposes of this Act, continuances to a date certain
7 in furtherance of an order of supervision granted under
8 Section 5-6-1 of the Unified Code of Corrections or an order
9 of probation granted under either Section 10 of the Cannabis
10 Control Act, Section 410 of the Illinois Controlled
11 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
12 Section 10-102 of the Illinois Alcoholism and Other Drug
13 Dependency Act, Section 40-10 of the Alcoholism and Other
14 Drug Abuse and Dependency Act, or Section 10 of the Steroid
15 Control Act shall not be deemed "conviction information".
16 For purposes of this Act, "conviction information" does not
17 include data of convictions of persons under 18 years of age
18 for violations of the Prevention of Tobacco Use by Minors
19 Act.
20 (G) "Criminal history record information" means data
21 identifiable to an individual and consisting of descriptions
22 or notations of arrests, detentions, indictments,
23 informations, pretrial proceedings, trials, or other formal
24 events in the criminal justice system or descriptions or
25 notations of criminal charges (including criminal violations
26 of local municipal ordinances) and the nature of any
27 disposition arising therefrom, including sentencing, court or
28 correctional supervision, rehabilitation and release. The
29 term does not apply to statistical records and reports in
30 which individual are not identified and from which their
31 identities are not ascertainable, or to information that is
32 for criminal investigative or intelligence purposes. The
33 term does not apply to data about persons under 18 years of
34 age charged or convicted of a violation of the Prevention of
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1 Tobacco Use by Minors Act.
2 (H) "Criminal justice agency" means (1) a government
3 agency or any subunit thereof which is authorized to
4 administer the criminal laws and which allocates a
5 substantial part of its annual budget for that purpose, or
6 (2) an agency supported by public funds which is authorized
7 as its principal function to administer the criminal laws and
8 which is officially designated by the Department as a
9 criminal justice agency for purposes of this Act.
10 (I) "The Department" means the Illinois Department of
11 State Police.
12 (J) "Director" means the Director of the Illinois
13 Department of State Police.
14 (K) "Disseminate" means to disclose or transmit
15 conviction information in any form, oral, written, or
16 otherwise.
17 (L) "Exigency" means pending danger or the threat of
18 pending danger to an individual or property.
19 (M) "Non-criminal justice agency" means a State agency,
20 Federal agency, or unit of local government that is not a
21 criminal justice agency. The term does not refer to private
22 individuals, corporations, or non-governmental agencies or
23 organizations.
24 (M-5) "Request" means the submission to the Department,
25 in the form and manner required, the necessary data elements
26 or fingerprints, or both, to allow the Department to initiate
27 a search of its criminal history record information files.
28 (N) "Requester" means any private individual,
29 corporation, organization, employer, employment agency, labor
30 organization, or non-criminal justice agency that has made a
31 request pursuant to this Act to obtain conviction information
32 maintained in the files of the Department of State Police
33 regarding a particular individual.
34 (O) "Statistical information" means data from which the
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1 identity of an individual cannot be ascertained,
2 reconstructed, or verified and to which the identity of an
3 individual cannot be linked by the recipient of the
4 information.
5 (Source: P.A. 88-368; 88-670, eff. 12-2-94.)
6 Section 15. The Sale of Tobacco to Minors Act is amended
7 by changing the title of the Act and Sections 0.01, 1, and 2
8 as follows:
9 (720 ILCS 675/Act title)
10 An Act to prevent the use or possession of tobacco by
11 minors prohibit minors from buying or selling tobacco in any
12 of its forms, to prohibit selling, giving or furnishing
13 tobacco, in any of its forms, to minors, and providing
14 penalties therefor.
15 (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
16 Sec. 0.01. Short title. This Act may be cited as the
17 Prevention of Tobacco Use by Sale of Tobacco to Minors Act.
18 (Source: P.A. 86-1324.)
19 (720 ILCS 675/1) (from Ch. 23, par. 2357)
20 Sec. 1. Sale to and possession by minors of tobacco
21 prohibited.
22 (a) No minor under 18 years of age shall buy any cigar,
23 cigarette, smokeless tobacco or tobacco in any of its forms.
24 No person shall sell, buy for, distribute samples of or
25 furnish any cigar, cigarette, smokeless tobacco or tobacco in
26 any of its forms, to any minor under 18 years of age.
27 (b) No minor under 18 years of age shall buy or possess
28 any cigar, cigarette, smokeless tobacco, or tobacco in any of
29 its forms.
30 (c) For the purpose of this Section, "smokeless tobacco"
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1 means any tobacco products that are suitable for dipping or
2 chewing.
3 (d) Tobacco products listed in this Section above may be
4 sold through a vending machine only in the following
5 locations:
6 (1) Factories, businesses, offices, private clubs,
7 and other places not open to the general public.
8 (2) Places to which minors under 18 years of age
9 are not permitted access.
10 (3) Places where alcoholic beverages are sold and
11 consumed on the premises.
12 (4) Places where the vending machine is under the
13 direct supervision of the owner of the establishment or
14 an employee over 18 years of age. The sale of tobacco
15 products from a vending machine under direct supervision
16 of the owner or an employee of the establishment is
17 considered a sale of tobacco products by that person. As
18 used in this subdivision, "direct supervision" means that
19 the owner or employee has an unimpeded line of sight to
20 the vending machine.
21 (5) Places where the vending machine can only be
22 operated by the owner or an employee over age 18 either
23 directly or through a remote control device if the device
24 is inaccessible to all customers.
25 (Source: P.A. 89-181, eff. 7-19-95.)
26 (720 ILCS 675/2) (from Ch. 23, par. 2358)
27 Sec. 2. Any person who violates subsection (a) or (d) of
28 Section 1 any provision of this Act is guilty of a petty
29 offense and for the first offense shall be fined $200, $400
30 for the second offense in a 12-month period, and $600 for the
31 third or any subsequent offense in a 12-month period. Any
32 person who violates subsection (b) of Section 1 of this Act
33 is guilty of a petty offense and the court may impose a term
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1 of up to 25 hours of community service or require the
2 completion of a smoking cessation program if available for
3 the first offense, may impose a term of up to 25 hours of
4 community service and a fine not to exceed $25 for the second
5 offense in a 12-month period, and may impose a term of up to
6 30 hours of community service and a fine not to exceed $50
7 for the third or any subsequent offense in a 12-month period.
8 One-half of each fine collected under this Section shall be
9 distributed to the unit of local government or other entity
10 that successfully prosecuted the offender and one-half shall
11 be remitted to the State to be used for enforcing this Act.
12 (Source: P.A. 88-418.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.