Bill Amendment: IL SB3011 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TOBACCO&E-CIG UNDER AGE-21
Status: 2016-11-22 - Added Alternate Co-Sponsor Rep. Laura Fine [SB3011 Detail]
Download: Illinois-2015-SB3011-Senate_Amendment_001.html
Bill Title: TOBACCO&E-CIG UNDER AGE-21
Status: 2016-11-22 - Added Alternate Co-Sponsor Rep. Laura Fine [SB3011 Detail]
Download: Illinois-2015-SB3011-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 3011
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 3011 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Cigarette Tax Act is amended by changing | ||||||
5 | Section 6 as follows:
| ||||||
6 | (35 ILCS 130/6) (from Ch. 120, par. 453.6)
| ||||||
7 | Sec. 6. Revocation, cancellation, or suspension of | ||||||
8 | license. The Department may, after notice and hearing as | ||||||
9 | provided for by this
Act, revoke, cancel or suspend the license | ||||||
10 | of any distributor, secondary distributor, or retailer for the
| ||||||
11 | violation of any provision of this Act, or for noncompliance | ||||||
12 | with any
provision herein contained, or for any noncompliance | ||||||
13 | with any lawful rule
or regulation promulgated by the | ||||||
14 | Department under Section 8 of this Act, or
because the licensee | ||||||
15 | is determined to be ineligible for a distributor's
license for | ||||||
16 | any one or more of the reasons provided for in Section 4 of
|
| |||||||
| |||||||
1 | this Act, or because the licensee is determined to be | ||||||
2 | ineligible for a secondary distributor's license for any one or | ||||||
3 | more of the reasons provided for in Section 4c of this Act, or | ||||||
4 | because the licensee is determined to be ineligible for a | ||||||
5 | retailer's license for any one or more of the reasons provided | ||||||
6 | for in Section 4g of this Act. However, no such license shall | ||||||
7 | be revoked, cancelled or
suspended, except after a hearing by | ||||||
8 | the Department with notice to the
distributor, secondary | ||||||
9 | distributor, or retailer, as aforesaid, and affording such | ||||||
10 | distributor, secondary distributor, or retailer a reasonable
| ||||||
11 | opportunity to appear and defend, and any distributor, | ||||||
12 | secondary distributor, or retailer aggrieved by any
decision of | ||||||
13 | the Department with respect thereto may have the determination
| ||||||
14 | of the Department judicially reviewed, as herein provided.
| ||||||
15 | The Department may revoke, cancel, or suspend the license | ||||||
16 | of any
distributor for a violation of the Tobacco Product | ||||||
17 | Manufacturers' Escrow
Enforcement Act as provided in Section 30 | ||||||
18 | of that Act. The Department may revoke, cancel, or suspend the | ||||||
19 | license of any secondary distributor for a violation of | ||||||
20 | subsection (e) of Section 15 of the Tobacco Product | ||||||
21 | Manufacturers' Escrow Enforcement Act.
| ||||||
22 | If the retailer has a training program that facilitates | ||||||
23 | compliance with minimum-age tobacco laws, the Department shall | ||||||
24 | suspend for 3 days the license of that retailer for a fourth or | ||||||
25 | subsequent violation of the Prevention of Tobacco Use by | ||||||
26 | Persons under 21 Years of Age Minors and Sale and Distribution |
| |||||||
| |||||||
1 | of Tobacco Products Act, as provided in subsection (a) of | ||||||
2 | Section 2 of that Act. For the purposes of this Section, any | ||||||
3 | violation of subsection (a) of Section 2 of the Prevention of | ||||||
4 | Tobacco Use by Persons under 21 Years of Age Minors and Sale | ||||||
5 | and Distribution of Tobacco Products Act occurring at the | ||||||
6 | retailer's licensed location during a 24-month period shall be | ||||||
7 | counted as a violation against the retailer. | ||||||
8 | If the retailer does not have a training program that | ||||||
9 | facilitates compliance with minimum-age tobacco laws, the | ||||||
10 | Department shall suspend for 3 days the license of that | ||||||
11 | retailer for a second violation of the Prevention of Tobacco | ||||||
12 | Use by Persons under 21 Years of Age Minors and Sale and | ||||||
13 | Distribution of Tobacco Products Act, as provided in subsection | ||||||
14 | (a-5) of Section 2 of that Act. | ||||||
15 | If the retailer does not have a training program that | ||||||
16 | facilitates compliance with minimum-age tobacco laws, the | ||||||
17 | Department shall suspend for 7 days the license of that | ||||||
18 | retailer for a third violation of the Prevention of Tobacco Use | ||||||
19 | by Persons under 21 Years of Age Minors and Sale and | ||||||
20 | Distribution of Tobacco Products Act, as provided in subsection | ||||||
21 | (a-5) of Section 2 of that Act. | ||||||
22 | If the retailer does not have a training program that | ||||||
23 | facilitates compliance with minimum-age tobacco laws, the | ||||||
24 | Department shall suspend for 30 days the license of a retailer | ||||||
25 | for a fourth or subsequent violation of the Prevention of | ||||||
26 | Tobacco Use by Persons under 21 Years of Age Minors and Sale |
| |||||||
| |||||||
1 | and Distribution of Tobacco Products Act, as provided in | ||||||
2 | subsection (a-5) of Section 2 of that Act. | ||||||
3 | A training program that facilitates compliance with | ||||||
4 | minimum-age tobacco laws must include at least the following | ||||||
5 | elements: (i) it must explain that only individuals displaying | ||||||
6 | valid identification demonstrating that they are 21 18 years of | ||||||
7 | age or older shall be eligible to purchase cigarettes or | ||||||
8 | tobacco products and (ii) it must explain where a clerk can | ||||||
9 | check identification for a date of birth. The training may be | ||||||
10 | conducted electronically. Each retailer that has a training | ||||||
11 | program shall require each employee who completes the training | ||||||
12 | program to sign a form attesting that the employee has received | ||||||
13 | and completed tobacco training. The form shall be kept in the | ||||||
14 | employee's file and may be used to provide proof of training. | ||||||
15 | Any distributor, secondary distributor, or retailer | ||||||
16 | aggrieved by any decision of the Department under this
Section
| ||||||
17 | may, within 20 days after notice of the decision, protest and | ||||||
18 | request a
hearing. Upon receiving a request for a hearing, the | ||||||
19 | Department shall give
notice in writing to the distributor, | ||||||
20 | secondary distributor, or retailer requesting the hearing that | ||||||
21 | contains a
statement of the charges preferred against the | ||||||
22 | distributor, secondary distributor, or retailer and that | ||||||
23 | states the
time and place fixed for the hearing. The Department | ||||||
24 | shall hold the hearing in
conformity with the provisions of | ||||||
25 | this Act and then issue its final
administrative decision in | ||||||
26 | the matter to the distributor, secondary distributor, or |
| |||||||
| |||||||
1 | retailer. In the absence of a
protest and request for a hearing | ||||||
2 | within 20 days, the Department's decision
shall become final | ||||||
3 | without any further determination being made or notice
given.
| ||||||
4 | No license so revoked, as aforesaid, shall be reissued to | ||||||
5 | any such
distributor, secondary distributor, or retailer | ||||||
6 | within a period of 6 months after the date of the final
| ||||||
7 | determination of such revocation. No such license shall be | ||||||
8 | reissued at all
so long as the person who would receive the | ||||||
9 | license is ineligible to
receive a distributor's license under | ||||||
10 | this Act for any one or more of the
reasons provided for in | ||||||
11 | Section 4 of this Act, is ineligible to receive a secondary | ||||||
12 | distributor's license under this Act for any one or more of the | ||||||
13 | reasons provided for in Section 4c of this Act, or is | ||||||
14 | determined to be ineligible for a retailer's license under the | ||||||
15 | Act for any one or more of the reasons provided for in Section | ||||||
16 | 4g of this Act.
| ||||||
17 | The Department upon complaint filed in the circuit
court | ||||||
18 | may by injunction
restrain any person who fails, or refuses, to | ||||||
19 | comply with any of the
provisions of this Act from acting as a | ||||||
20 | distributor, secondary distributor, or retailer of cigarettes | ||||||
21 | in this
State.
| ||||||
22 | (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16 .)
| ||||||
23 | Section 10. The Tobacco Products Tax Act of 1995 is amended | ||||||
24 | by changing Section 10-25 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 143/10-25)
| ||||||
2 | Sec. 10-25. License actions. | ||||||
3 | (a) The Department may, after notice and a hearing,
revoke, | ||||||
4 | cancel, or suspend the license of any distributor or retailer | ||||||
5 | who violates any of
the provisions of this Act. The notice | ||||||
6 | shall specify the alleged violation or
violations upon which | ||||||
7 | the revocation, cancellation, or suspension proceeding is
| ||||||
8 | based.
| ||||||
9 | (b) The Department may revoke, cancel, or suspend the | ||||||
10 | license of any
distributor for a violation of the Tobacco | ||||||
11 | Product Manufacturers' Escrow
Enforcement Act as provided in | ||||||
12 | Section 20 of that Act.
| ||||||
13 | (c) If the retailer has a training program that facilitates | ||||||
14 | compliance with minimum-age tobacco laws, the Department shall | ||||||
15 | suspend for 3 days the license of that retailer for a fourth or | ||||||
16 | subsequent violation of the Prevention of Tobacco Use by | ||||||
17 | Persons under 21 Years of Age Minors and Sale and Distribution | ||||||
18 | of Tobacco Products Act, as provided in subsection (a) of | ||||||
19 | Section 2 of that Act. For the purposes of this Section, any | ||||||
20 | violation of subsection (a) of Section 2 of the Prevention of | ||||||
21 | Tobacco Use by Persons under 21 Years of Age Minors and Sale | ||||||
22 | and Distribution of Tobacco Products Act occurring at the | ||||||
23 | retailer's licensed location, during a 24-month period, shall | ||||||
24 | be counted as a violation against the retailer. | ||||||
25 | If the retailer does not have a training program that | ||||||
26 | facilitates compliance with minimum-age tobacco laws, the |
| |||||||
| |||||||
1 | Department shall suspend for 3 days the license of that | ||||||
2 | retailer for a second violation of the Prevention of Tobacco | ||||||
3 | Use by Persons under 21 Years of Age Minors and Sale and | ||||||
4 | Distribution of Tobacco Products Act, as provided in subsection | ||||||
5 | (a-5) of Section 2 of that Act. | ||||||
6 | If the retailer does not have a training program that | ||||||
7 | facilitates compliance with minimum-age tobacco laws, the | ||||||
8 | Department shall suspend for 7 days the license of that | ||||||
9 | retailer for a third violation of the Prevention of Tobacco Use | ||||||
10 | by Persons under 21 Years of Age Minors and Sale and | ||||||
11 | Distribution of Tobacco Products Act, as provided in subsection | ||||||
12 | (a-5) of Section 2 of that Act. | ||||||
13 | If the retailer does not have a training program that | ||||||
14 | facilitates compliance with minimum-age tobacco laws, the | ||||||
15 | Department shall suspend for 30 days the license of a retailer | ||||||
16 | for a fourth or subsequent violation of the Prevention of | ||||||
17 | Tobacco Use by Persons under 21 Years of Age Minors and Sale | ||||||
18 | and Distribution of Tobacco Products Act, as provided in | ||||||
19 | subsection (a-5) of Section 2 of that Act. | ||||||
20 | A training program that facilitates compliance with | ||||||
21 | minimum-age tobacco laws must include at least the following | ||||||
22 | elements: (i) it must explain that only individuals displaying | ||||||
23 | valid identification demonstrating that they are 21 18 years of | ||||||
24 | age or older shall be eligible to purchase cigarettes or | ||||||
25 | tobacco products and (ii) it must explain where a clerk can | ||||||
26 | check identification for a date of birth. The training may be |
| |||||||
| |||||||
1 | conducted electronically. Each retailer that has a training | ||||||
2 | program shall require each employee who completes the training | ||||||
3 | program to sign a form attesting that the employee has received | ||||||
4 | and completed tobacco training. The form shall be kept in the | ||||||
5 | employee's file and may be used to provide proof of training. | ||||||
6 | (d) The Department may, by application to any circuit | ||||||
7 | court, obtain an injunction
restraining any person who engages | ||||||
8 | in business as a distributor of tobacco
products without a | ||||||
9 | license (either because his or her license has been revoked,
| ||||||
10 | canceled, or suspended or because of a failure to obtain a | ||||||
11 | license in the first
instance) from engaging in that business | ||||||
12 | until that person, as if that person
were a new applicant for a | ||||||
13 | license, complies with all of the conditions,
restrictions, and | ||||||
14 | requirements of Section 10-20 of this Act and qualifies for
and | ||||||
15 | obtains a license. Refusal or neglect to obey the order of the | ||||||
16 | court may
result in punishment for contempt.
| ||||||
17 | (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16 .)
| ||||||
18 | Section 15. The Liquor Control Act of 1934 is amended by | ||||||
19 | changing Sections 3-12 and 6-16.1 as follows:
| ||||||
20 | (235 ILCS 5/3-12)
| ||||||
21 | Sec. 3-12. Powers and duties of State Commission.
| ||||||
22 | (a) The State commission shall have the following powers, | ||||||
23 | functions, and
duties:
| ||||||
24 | (1) To receive applications and to issue licenses to |
| |||||||
| |||||||
1 | manufacturers,
foreign importers, importing distributors, | ||||||
2 | distributors, non-resident dealers,
on premise consumption | ||||||
3 | retailers, off premise sale retailers, special event
| ||||||
4 | retailer licensees, special use permit licenses, auction | ||||||
5 | liquor licenses, brew
pubs, caterer retailers, | ||||||
6 | non-beverage users, railroads, including owners and
| ||||||
7 | lessees of sleeping, dining and cafe cars, airplanes, | ||||||
8 | boats, brokers, and wine
maker's premises licensees in | ||||||
9 | accordance with the provisions of this Act, and
to suspend | ||||||
10 | or revoke such licenses upon the State commission's | ||||||
11 | determination,
upon notice after hearing, that a licensee | ||||||
12 | has violated any provision of this
Act or any rule or | ||||||
13 | regulation issued pursuant thereto and in effect for 30 | ||||||
14 | days
prior to such violation. Except in the case of an | ||||||
15 | action taken pursuant to a
violation of Section 6-3, 6-5, | ||||||
16 | or 6-9, any action by the State Commission to
suspend or | ||||||
17 | revoke a licensee's license may be limited to the license | ||||||
18 | for the
specific premises where the violation occurred.
| ||||||
19 | In lieu of suspending or revoking a license, the | ||||||
20 | commission may impose
a fine, upon the State commission's | ||||||
21 | determination and notice after hearing,
that a licensee has | ||||||
22 | violated any provision of this Act or any rule or
| ||||||
23 | regulation issued pursuant thereto and in effect for 30 | ||||||
24 | days prior to such
violation. | ||||||
25 | For the purpose of this paragraph (1), when determining | ||||||
26 | multiple violations for the sale of alcohol to a person |
| |||||||
| |||||||
1 | under the age of 21, a second or subsequent violation for | ||||||
2 | the sale of alcohol to a person under the age of 21 shall | ||||||
3 | only be considered if it was committed within 5 years after | ||||||
4 | the date when a prior violation for the sale of alcohol to | ||||||
5 | a person under the age of 21 was committed. | ||||||
6 | The fine imposed under this paragraph may not exceed | ||||||
7 | $500 for each
violation. Each day that the activity, which | ||||||
8 | gave rise to the original fine,
continues is a separate | ||||||
9 | violation. The maximum fine that may be levied against
any | ||||||
10 | licensee, for the period of the license, shall not exceed | ||||||
11 | $20,000.
The maximum penalty that may be imposed on a | ||||||
12 | licensee for selling a bottle of
alcoholic liquor with a | ||||||
13 | foreign object in it or serving from a bottle of
alcoholic | ||||||
14 | liquor with a foreign object in it shall be the destruction | ||||||
15 | of that
bottle of alcoholic liquor for the first 10 bottles | ||||||
16 | so sold or served from by
the licensee. For the eleventh | ||||||
17 | bottle of alcoholic liquor and for each third
bottle | ||||||
18 | thereafter sold or served from by the licensee with a | ||||||
19 | foreign object in
it, the maximum penalty that may be | ||||||
20 | imposed on the licensee is the destruction
of the bottle of | ||||||
21 | alcoholic liquor and a fine of up to $50.
| ||||||
22 | (2) To adopt such rules and regulations consistent with | ||||||
23 | the
provisions of this Act which shall be necessary to | ||||||
24 | carry on its
functions and duties to the end that the | ||||||
25 | health, safety and welfare of
the People of the State of | ||||||
26 | Illinois shall be protected and temperance in
the |
| |||||||
| |||||||
1 | consumption of alcoholic liquors shall be fostered and | ||||||
2 | promoted and
to distribute copies of such rules and | ||||||
3 | regulations to all licensees
affected thereby.
| ||||||
4 | (3) To call upon other administrative departments of | ||||||
5 | the State,
county and municipal governments, county and | ||||||
6 | city police departments and
upon prosecuting officers for | ||||||
7 | such information and assistance as it
deems necessary in | ||||||
8 | the performance of its duties.
| ||||||
9 | (4) To recommend to local commissioners rules and | ||||||
10 | regulations, not
inconsistent with the law, for the | ||||||
11 | distribution and sale of alcoholic
liquors throughout the | ||||||
12 | State.
| ||||||
13 | (5) To inspect, or cause to be inspected, any
premises | ||||||
14 | in this State
where alcoholic liquors are manufactured, | ||||||
15 | distributed, warehoused, or
sold. Nothing in this Act
| ||||||
16 | authorizes an agent of the Commission to inspect private
| ||||||
17 | areas within the premises without reasonable suspicion or a | ||||||
18 | warrant
during an inspection. "Private areas" include, but | ||||||
19 | are not limited to, safes, personal property, and closed | ||||||
20 | desks.
| ||||||
21 | (5.1) Upon receipt of a complaint or upon having | ||||||
22 | knowledge that any person
is engaged in business as a | ||||||
23 | manufacturer, importing distributor, distributor,
or | ||||||
24 | retailer without a license or valid license, to notify the | ||||||
25 | local liquor
authority, file a complaint with the State's | ||||||
26 | Attorney's Office of the county
where the incident |
| |||||||
| |||||||
1 | occurred, or initiate an investigation with the | ||||||
2 | appropriate
law enforcement officials.
| ||||||
3 | (5.2) To issue a cease and desist notice to persons | ||||||
4 | shipping alcoholic
liquor
into this State from a point | ||||||
5 | outside of this State if the shipment is in
violation of | ||||||
6 | this Act.
| ||||||
7 | (5.3) To receive complaints from licensees, local | ||||||
8 | officials, law
enforcement agencies, organizations, and | ||||||
9 | persons stating that any licensee has
been or is violating | ||||||
10 | any provision of this Act or the rules and regulations
| ||||||
11 | issued pursuant to this Act. Such complaints shall be in | ||||||
12 | writing, signed and
sworn to by the person making the | ||||||
13 | complaint, and shall state with specificity
the facts in | ||||||
14 | relation to the alleged violation. If the Commission has
| ||||||
15 | reasonable grounds to believe that the complaint | ||||||
16 | substantially alleges a
violation of this Act or rules and | ||||||
17 | regulations adopted pursuant to this Act, it
shall conduct | ||||||
18 | an investigation. If, after conducting an investigation, | ||||||
19 | the
Commission is satisfied that the alleged violation did | ||||||
20 | occur, it shall proceed
with disciplinary action against | ||||||
21 | the licensee as provided in this Act.
| ||||||
22 | (6) To hear and determine appeals from orders of a | ||||||
23 | local commission
in accordance with the provisions of this | ||||||
24 | Act, as hereinafter set forth.
Hearings under this | ||||||
25 | subsection shall be held in Springfield or Chicago,
at | ||||||
26 | whichever location is the more convenient for the majority |
| |||||||
| |||||||
1 | of persons
who are parties to the hearing.
| ||||||
2 | (7) The commission shall establish uniform systems of | ||||||
3 | accounts to be
kept by all retail licensees having more | ||||||
4 | than 4 employees, and for this
purpose the commission may | ||||||
5 | classify all retail licensees having more
than 4 employees | ||||||
6 | and establish a uniform system of accounts for each
class | ||||||
7 | and prescribe the manner in which such accounts shall be | ||||||
8 | kept.
The commission may also prescribe the forms of | ||||||
9 | accounts to be kept by
all retail licensees having more | ||||||
10 | than 4 employees, including but not
limited to accounts of | ||||||
11 | earnings and expenses and any distribution,
payment, or | ||||||
12 | other distribution of earnings or assets, and any other
| ||||||
13 | forms, records and memoranda which in the judgment of the | ||||||
14 | commission may
be necessary or appropriate to carry out any | ||||||
15 | of the provisions of this
Act, including but not limited to | ||||||
16 | such forms, records and memoranda as
will readily and | ||||||
17 | accurately disclose at all times the beneficial
ownership | ||||||
18 | of such retail licensed business. The accounts, forms,
| ||||||
19 | records and memoranda shall be available at all reasonable | ||||||
20 | times for
inspection by authorized representatives of the | ||||||
21 | State commission or by
any local liquor control | ||||||
22 | commissioner or his or her authorized representative.
The | ||||||
23 | commission, may, from time to time, alter, amend or repeal, | ||||||
24 | in whole
or in part, any uniform system of accounts, or the | ||||||
25 | form and manner of
keeping accounts.
| ||||||
26 | (8) In the conduct of any hearing authorized to be held |
| |||||||
| |||||||
1 | by the
commission, to appoint, at the commission's | ||||||
2 | discretion, hearing officers
to conduct hearings involving | ||||||
3 | complex issues or issues that will require a
protracted | ||||||
4 | period of time to resolve, to examine, or cause to be | ||||||
5 | examined,
under oath, any licensee, and to examine or cause | ||||||
6 | to be examined the books and
records
of such licensee; to | ||||||
7 | hear testimony and take proof material for its
information | ||||||
8 | in the discharge of its duties hereunder; to administer or
| ||||||
9 | cause to be administered oaths; for any such purpose to | ||||||
10 | issue
subpoena or subpoenas to require the attendance of | ||||||
11 | witnesses and the
production of books, which shall be | ||||||
12 | effective in any part of this State, and
to adopt rules to | ||||||
13 | implement its powers under this paragraph (8).
| ||||||
14 | Any Circuit Court may by order duly entered,
require | ||||||
15 | the attendance of witnesses and the production of relevant | ||||||
16 | books
subpoenaed by the State commission and the court may | ||||||
17 | compel
obedience to its order by proceedings for contempt.
| ||||||
18 | (9) To investigate the administration of laws in | ||||||
19 | relation to
alcoholic liquors in this and other states and | ||||||
20 | any foreign countries,
and to recommend from time to time | ||||||
21 | to the Governor and through him or
her to the legislature | ||||||
22 | of this State, such amendments to this Act, if any, as
it | ||||||
23 | may think desirable and as will serve to further the | ||||||
24 | general broad
purposes contained in Section 1-2 hereof.
| ||||||
25 | (10) To adopt such rules and regulations consistent | ||||||
26 | with the
provisions of this Act which shall be necessary |
| |||||||
| |||||||
1 | for the control, sale or
disposition of alcoholic liquor | ||||||
2 | damaged as a result of an accident, wreck,
flood, fire or | ||||||
3 | other similar occurrence.
| ||||||
4 | (11) To develop industry educational programs related | ||||||
5 | to responsible
serving and selling, particularly in the | ||||||
6 | areas of overserving consumers and
illegal underage | ||||||
7 | purchasing and consumption of alcoholic beverages.
| ||||||
8 | (11.1) To license persons providing education and | ||||||
9 | training to alcohol
beverage sellers and servers for | ||||||
10 | mandatory and non-mandatory training under the
Beverage | ||||||
11 | Alcohol Sellers and Servers
Education and Training | ||||||
12 | (BASSET) programs and to develop and administer a public
| ||||||
13 | awareness program in Illinois to reduce or eliminate the | ||||||
14 | illegal purchase and
consumption of alcoholic beverage | ||||||
15 | products by persons under the age of 21.
Application for a | ||||||
16 | license shall be made on forms provided by the State
| ||||||
17 | Commission.
| ||||||
18 | (12) To develop and maintain a repository of license | ||||||
19 | and regulatory
information.
| ||||||
20 | (13) (Blank). On or before January 15, 1994, the | ||||||
21 | Commission shall issue
a written report to the Governor and | ||||||
22 | General Assembly that is to be based on a
comprehensive | ||||||
23 | study of the impact on and implications for the State of | ||||||
24 | Illinois
of Section 1926 of the Federal ADAMHA | ||||||
25 | Reorganization Act of 1992 (Public Law
102-321). This study | ||||||
26 | shall address the extent to which Illinois currently
|
| |||||||
| |||||||
1 | complies with the provisions of P.L. 102-321 and the rules | ||||||
2 | promulgated pursuant
thereto.
| ||||||
3 | As part of its report, the Commission shall provide the | ||||||
4 | following essential
information:
| ||||||
5 | (i) the number of retail distributors of tobacco | ||||||
6 | products, by type and
geographic area, in the State;
| ||||||
7 | (ii) the number of reported citations and | ||||||
8 | successful convictions,
categorized by type and | ||||||
9 | location of retail distributor, for violation of the
| ||||||
10 | Prevention of Tobacco Use by Minors and Sale and | ||||||
11 | Distribution of Tobacco Products Act and the Smokeless
| ||||||
12 | Tobacco Limitation Act;
| ||||||
13 | (iii) the extent and nature of organized | ||||||
14 | educational and governmental
activities that are | ||||||
15 | intended to promote, encourage or otherwise secure
| ||||||
16 | compliance with any Illinois laws that prohibit the | ||||||
17 | sale or distribution of
tobacco products to minors; and
| ||||||
18 | (iv) the level of access and availability of | ||||||
19 | tobacco products to
individuals under the age of 18.
| ||||||
20 | To obtain the data necessary to comply with the | ||||||
21 | provisions of P.L. 102-321
and the requirements of this | ||||||
22 | report, the Commission shall conduct random,
unannounced | ||||||
23 | inspections of a geographically and scientifically | ||||||
24 | representative
sample of the State's retail tobacco | ||||||
25 | distributors.
| ||||||
26 | The Commission shall consult with the Department of |
| |||||||
| |||||||
1 | Public Health, the
Department of Human Services, the
| ||||||
2 | Illinois State Police and any
other executive branch | ||||||
3 | agency, and private organizations that may have
| ||||||
4 | information relevant to this report.
| ||||||
5 | The Commission may contract with the Food and Drug | ||||||
6 | Administration of the
U.S. Department of Health and Human | ||||||
7 | Services to conduct unannounced
investigations of Illinois | ||||||
8 | tobacco vendors to determine compliance with federal
laws | ||||||
9 | relating to the illegal sale of cigarettes and smokeless | ||||||
10 | tobacco products
to persons under the age of 18.
| ||||||
11 | (14) On or before April 30, 2008 and every 2 years
| ||||||
12 | thereafter, the Commission shall present a written
report | ||||||
13 | to the Governor and the General Assembly that shall
be | ||||||
14 | based on a study of the impact of this amendatory Act of
| ||||||
15 | the 95th General Assembly on the business of soliciting,
| ||||||
16 | selling, and shipping wine from inside and outside of this
| ||||||
17 | State directly to residents of this State. As part of its
| ||||||
18 | report, the Commission shall provide all of the
following | ||||||
19 | information: | ||||||
20 | (A) The amount of State excise and sales tax
| ||||||
21 | revenues generated. | ||||||
22 | (B) The amount of licensing fees received. | ||||||
23 | (C) The number of cases of wine shipped from inside
| ||||||
24 | and outside of this State directly to residents of this
| ||||||
25 | State. | ||||||
26 | (D) The number of alcohol compliance operations
|
| |||||||
| |||||||
1 | conducted. | ||||||
2 | (E) The number of winery shipper's licenses
| ||||||
3 | issued. | ||||||
4 | (F) The number of each of the following: reported
| ||||||
5 | violations; cease and desist notices issued by the
| ||||||
6 | Commission; notices of violations issued by
the | ||||||
7 | Commission and to the Department of Revenue;
and | ||||||
8 | notices and complaints of violations to law
| ||||||
9 | enforcement officials, including, without limitation,
| ||||||
10 | the Illinois Attorney General and the U.S. Department
| ||||||
11 | of Treasury's Alcohol and Tobacco Tax and Trade Bureau. | ||||||
12 | (15) As a means to reduce the underage consumption of
| ||||||
13 | alcoholic liquors, the Commission shall conduct
alcohol | ||||||
14 | compliance operations to investigate whether
businesses | ||||||
15 | that are soliciting, selling, and shipping wine
from inside | ||||||
16 | or outside of this State directly to residents
of this | ||||||
17 | State are licensed by this State or are selling or
| ||||||
18 | attempting to sell wine to persons under 21 years of age in
| ||||||
19 | violation of this Act. | ||||||
20 | (16) The Commission shall, in addition to
notifying any | ||||||
21 | appropriate law enforcement agency, submit
notices of | ||||||
22 | complaints or violations of Sections 6-29 and
6-29.1 by | ||||||
23 | persons who do not hold a winery shipper's
license under | ||||||
24 | this amendatory Act to the Illinois Attorney General and
to | ||||||
25 | the U.S. Department of Treasury's Alcohol and Tobacco Tax | ||||||
26 | and Trade Bureau. |
| |||||||
| |||||||
1 | (17) (A) A person licensed to make wine under the laws | ||||||
2 | of another state who has a winery shipper's license under | ||||||
3 | this amendatory Act and annually produces less than 25,000 | ||||||
4 | gallons of wine or a person who has a first-class or | ||||||
5 | second-class wine manufacturer's license, a first-class or | ||||||
6 | second-class wine-maker's license, or a limited wine | ||||||
7 | manufacturer's license under this Act and annually | ||||||
8 | produces less than 25,000 gallons of wine may make | ||||||
9 | application to the Commission for a self-distribution | ||||||
10 | exemption to allow the sale of not more than 5,000 gallons | ||||||
11 | of the exemption holder's wine to retail licensees per | ||||||
12 | year. | ||||||
13 | (B) In the application, which shall be sworn under | ||||||
14 | penalty of perjury, such person shall state (1) the | ||||||
15 | date it was established; (2) its volume of production | ||||||
16 | and sales for each year since its establishment; (3) | ||||||
17 | its efforts to establish distributor relationships; | ||||||
18 | (4) that a self-distribution exemption is necessary to | ||||||
19 | facilitate the marketing of its wine; and (5) that it | ||||||
20 | will comply with the liquor and revenue laws of the | ||||||
21 | United States, this State, and any other state where it | ||||||
22 | is licensed. | ||||||
23 | (C) The Commission shall approve the application | ||||||
24 | for a self-distribution exemption if such person: (1) | ||||||
25 | is in compliance with State revenue and liquor laws; | ||||||
26 | (2) is not a member of any affiliated group that |
| |||||||
| |||||||
1 | produces more than 25,000 gallons of wine per annum or | ||||||
2 | produces any other alcoholic liquor; (3) will not | ||||||
3 | annually produce for sale more than 25,000 gallons of | ||||||
4 | wine; and (4) will not annually sell more than 5,000 | ||||||
5 | gallons of its wine to retail licensees. | ||||||
6 | (D) A self-distribution exemption holder shall | ||||||
7 | annually certify to the Commission its production of | ||||||
8 | wine in the previous 12 months and its anticipated | ||||||
9 | production and sales for the next 12 months. The | ||||||
10 | Commission may fine, suspend, or revoke a | ||||||
11 | self-distribution exemption after a hearing if it | ||||||
12 | finds that the exemption holder has made a material | ||||||
13 | misrepresentation in its application, violated a | ||||||
14 | revenue or liquor law of Illinois, exceeded production | ||||||
15 | of 25,000 gallons of wine in any calendar year, or | ||||||
16 | become part of an affiliated group producing more than | ||||||
17 | 25,000 gallons of wine or any other alcoholic liquor. | ||||||
18 | (E) Except in hearings for violations of this Act | ||||||
19 | or amendatory Act or a bona fide investigation by duly | ||||||
20 | sworn law enforcement officials, the Commission, or | ||||||
21 | its agents, the Commission shall maintain the | ||||||
22 | production and sales information of a | ||||||
23 | self-distribution exemption holder as confidential and | ||||||
24 | shall not release such information to any person. | ||||||
25 | (F) The Commission shall issue regulations | ||||||
26 | governing self-distribution exemptions consistent with |
| |||||||
| |||||||
1 | this Section and this Act. | ||||||
2 | (G) Nothing in this subsection (17) shall prohibit | ||||||
3 | a self-distribution exemption holder from entering | ||||||
4 | into or simultaneously having a distribution agreement | ||||||
5 | with a licensed Illinois distributor. | ||||||
6 | (H) It is the intent of this subsection (17) to | ||||||
7 | promote and continue orderly markets. The General | ||||||
8 | Assembly finds that in order to preserve Illinois' | ||||||
9 | regulatory distribution system it is necessary to | ||||||
10 | create an exception for smaller makers of wine as their | ||||||
11 | wines are frequently adjusted in varietals, mixes, | ||||||
12 | vintages, and taste to find and create market niches | ||||||
13 | sometimes too small for distributor or importing | ||||||
14 | distributor business strategies. Limited | ||||||
15 | self-distribution rights will afford and allow smaller | ||||||
16 | makers of wine access to the marketplace in order to | ||||||
17 | develop a customer base without impairing the | ||||||
18 | integrity of the 3-tier system.
| ||||||
19 | (18) (A) A class 1 brewer licensee, who must also be | ||||||
20 | either a licensed brewer or licensed non-resident dealer | ||||||
21 | and annually manufacture less than 930,000 gallons of beer, | ||||||
22 | may make application to the State Commission for a | ||||||
23 | self-distribution exemption to allow the sale of not more | ||||||
24 | than 232,500 gallons of the exemption holder's beer to | ||||||
25 | retail licensees per year. | ||||||
26 | (B) In the application, which shall be sworn under |
| |||||||
| |||||||
1 | penalty of perjury, the class 1 brewer licensee shall | ||||||
2 | state (1) the date it was established; (2) its volume | ||||||
3 | of beer manufactured and sold for each year since its | ||||||
4 | establishment; (3) its efforts to establish | ||||||
5 | distributor relationships; (4) that a | ||||||
6 | self-distribution exemption is necessary to facilitate | ||||||
7 | the marketing of its beer; and (5) that it will comply | ||||||
8 | with the alcoholic beverage and revenue laws of the | ||||||
9 | United States, this State, and any other state where it | ||||||
10 | is licensed. | ||||||
11 | (C) Any application submitted shall be posted on | ||||||
12 | the State Commission's website at least 45 days prior | ||||||
13 | to action by the State Commission. The State Commission | ||||||
14 | shall approve the application for a self-distribution | ||||||
15 | exemption if the class 1 brewer licensee: (1) is in | ||||||
16 | compliance with the State, revenue, and alcoholic | ||||||
17 | beverage laws; (2) is not a member of any affiliated | ||||||
18 | group that manufacturers more than 930,000 gallons of | ||||||
19 | beer per annum or produces any other alcoholic | ||||||
20 | beverages; (3) shall not annually manufacture for sale | ||||||
21 | more than 930,000 gallons of beer; (4) shall not | ||||||
22 | annually sell more than 232,500 gallons of its beer to | ||||||
23 | retail licensees; and (5) has relinquished any brew pub | ||||||
24 | license held by the licensee, including any ownership | ||||||
25 | interest it held in the licensed brew pub. | ||||||
26 | (D) A self-distribution exemption holder shall |
| |||||||
| |||||||
1 | annually certify to the State Commission its | ||||||
2 | manufacture of beer during the previous 12 months and | ||||||
3 | its anticipated manufacture and sales of beer for the | ||||||
4 | next 12 months. The State Commission may fine, suspend, | ||||||
5 | or revoke a self-distribution exemption after a | ||||||
6 | hearing if it finds that the exemption holder has made | ||||||
7 | a material misrepresentation in its application, | ||||||
8 | violated a revenue or alcoholic beverage law of | ||||||
9 | Illinois, exceeded the manufacture of 930,000 gallons | ||||||
10 | of beer in any calendar year or became part of an | ||||||
11 | affiliated group manufacturing more than 930,000 | ||||||
12 | gallons of beer or any other alcoholic beverage. | ||||||
13 | (E) The State Commission shall issue rules and | ||||||
14 | regulations governing self-distribution exemptions | ||||||
15 | consistent with this Act. | ||||||
16 | (F) Nothing in this paragraph (18) shall prohibit a | ||||||
17 | self-distribution exemption holder from entering into | ||||||
18 | or simultaneously having a distribution agreement with | ||||||
19 | a licensed Illinois importing distributor or a | ||||||
20 | distributor. If a self-distribution exemption holder | ||||||
21 | enters into a distribution agreement and has assigned | ||||||
22 | distribution rights to an importing distributor or | ||||||
23 | distributor, then the self-distribution exemption | ||||||
24 | holder's distribution rights in the assigned | ||||||
25 | territories shall cease in a reasonable time not to | ||||||
26 | exceed 60 days. |
| |||||||
| |||||||
1 | (G) It is the intent of this paragraph (18) to | ||||||
2 | promote and continue orderly markets. The General | ||||||
3 | Assembly finds that in order to preserve Illinois' | ||||||
4 | regulatory distribution system, it is necessary to | ||||||
5 | create an exception for smaller manufacturers in order | ||||||
6 | to afford and allow such smaller manufacturers of beer | ||||||
7 | access to the marketplace in order to develop a | ||||||
8 | customer base without impairing the integrity of the | ||||||
9 | 3-tier system. | ||||||
10 | (b) On or before April 30, 1999, the Commission shall | ||||||
11 | present a written
report to the Governor and the General | ||||||
12 | Assembly that shall be based on a study
of the impact of this | ||||||
13 | amendatory Act of 1998 on the business of soliciting,
selling, | ||||||
14 | and shipping
alcoholic liquor from outside of this State | ||||||
15 | directly to residents of this
State.
| ||||||
16 | As part of its report, the Commission shall provide the | ||||||
17 | following
information:
| ||||||
18 | (i) the amount of State excise and sales tax revenues | ||||||
19 | generated as a
result of this amendatory Act of 1998;
| ||||||
20 | (ii) the amount of licensing fees received as a result | ||||||
21 | of this amendatory
Act of 1998;
| ||||||
22 | (iii) the number of reported violations, the number of | ||||||
23 | cease and desist
notices issued by the Commission, the | ||||||
24 | number of notices of violations issued
to the Department of | ||||||
25 | Revenue, and the number of notices and complaints of
| ||||||
26 | violations to law enforcement officials.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; | ||||||
2 | 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. | ||||||
3 | 8-24-15.)
| ||||||
4 | (235 ILCS 5/6-16.1)
| ||||||
5 | Sec. 6-16.1. Enforcement actions.
| ||||||
6 | (a) A licensee or an officer, associate,
member, | ||||||
7 | representative, agent, or employee of a licensee may sell, | ||||||
8 | give, or
deliver alcoholic liquor to a person under the age of | ||||||
9 | 21 years or authorize the
sale, gift, or delivery of alcoholic | ||||||
10 | liquor to a person under the age of 21
years pursuant to a plan | ||||||
11 | or action to investigate, patrol, or otherwise conduct
a "sting | ||||||
12 | operation" or enforcement action against a person employed by | ||||||
13 | the
licensee or on any licensed premises if the licensee or | ||||||
14 | officer, associate,
member, representative, agent, or employee | ||||||
15 | of the licensee provides written
notice, at least 14 days | ||||||
16 | before the "sting operation" or enforcement action,
unless | ||||||
17 | governing body of the municipality or county having | ||||||
18 | jurisdiction sets a
shorter period by ordinance, to the law | ||||||
19 | enforcement agency having jurisdiction,
the local liquor | ||||||
20 | control commissioner, or both. Notice provided under this
| ||||||
21 | Section shall be valid for a "sting operation" or enforcement | ||||||
22 | action conducted
within 60 days of the provision of that | ||||||
23 | notice, unless the governing body of
the municipality or county | ||||||
24 | having jurisdiction sets a shorter period by
ordinance.
| ||||||
25 | (b) A local liquor control commission or unit of local |
| |||||||
| |||||||
1 | government that
conducts alcohol and tobacco compliance | ||||||
2 | operations shall establish a policy and
standards for alcohol | ||||||
3 | and tobacco compliance operations to investigate whether
a | ||||||
4 | licensee is furnishing (1) alcoholic liquor to persons under 21 | ||||||
5 | years of age
in violation of this Act or (2) tobacco to persons | ||||||
6 | in violation of the Prevention of Tobacco Use by Persons under | ||||||
7 | 21 Years of Age Minors and Sale and Distribution of Tobacco | ||||||
8 | Products Act.
| ||||||
9 | (c) The Illinois Law Enforcement Training Standards Board | ||||||
10 | shall
develop a model policy and guidelines for the operation | ||||||
11 | of alcohol and tobacco
compliance checks by local law | ||||||
12 | enforcement officers. The Illinois Law
Enforcement Training | ||||||
13 | Standards Board shall also require the supervising
officers of | ||||||
14 | such compliance checks to have met a minimum training standard | ||||||
15 | as
determined by the Board. The Board shall have the right to | ||||||
16 | waive any training
based on current written policies and | ||||||
17 | procedures for alcohol and tobacco
compliance check operations | ||||||
18 | and in-service training already administered by
the local law | ||||||
19 | enforcement agency, department, or office.
| ||||||
20 | (d) The provisions of subsections (b) and (c) do not apply | ||||||
21 | to a home rule
unit with more than 2,000,000 inhabitants.
| ||||||
22 | (e) A home rule unit, other than a home rule unit with more | ||||||
23 | than 2,000,000
inhabitants, may not regulate enforcement | ||||||
24 | actions in a manner inconsistent with
the regulation of | ||||||
25 | enforcement actions under this Section. This subsection (e)
is | ||||||
26 | a limitation under subsection (i) of Section 6 of Article VII |
| |||||||
| |||||||
1 | of the
Illinois Constitution on the concurrent exercise by home | ||||||
2 | rule units
of powers and functions
exercised by the State.
| ||||||
3 | (f) A licensee who is the subject of an enforcement action | ||||||
4 | or "sting
operation" under this Section and is found, pursuant | ||||||
5 | to the enforcement action,
to be in compliance with this Act | ||||||
6 | shall be notified by the enforcement agency action that no | ||||||
7 | violation was found within 30 days after the finding.
| ||||||
8 | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | ||||||
9 | 96-1000, eff. 7-2-10.)
| ||||||
10 | Section 20. The Juvenile Court Act of 1987 is amended by | ||||||
11 | changing Sections 5-615 and 5-710 as follows:
| ||||||
12 | (705 ILCS 405/5-615)
| ||||||
13 | Sec. 5-615. Continuance under supervision.
| ||||||
14 | (1) The court may enter an order of continuance under | ||||||
15 | supervision for an
offense other than first degree murder, a | ||||||
16 | Class X felony or a forcible felony: | ||||||
17 | (a) upon an admission or stipulation by the appropriate | ||||||
18 | respondent or minor
respondent of the facts supporting the
| ||||||
19 | petition and before the court makes a finding of | ||||||
20 | delinquency, and in the absence of objection made in open | ||||||
21 | court by the
minor, his or her parent, guardian, or legal | ||||||
22 | custodian, the minor's attorney or
the
State's Attorney; or
| ||||||
23 | (b) upon a finding of delinquency and after considering | ||||||
24 | the circumstances of the offense and the history, |
| |||||||
| |||||||
1 | character, and condition of the minor, if the court is of | ||||||
2 | the opinion that: | ||||||
3 | (i) the minor is not likely to commit further | ||||||
4 | crimes; | ||||||
5 | (ii) the minor and the public would be best served | ||||||
6 | if the minor were not to receive a criminal record; and | ||||||
7 | (iii) in the best interests of justice an order of | ||||||
8 | continuance under supervision is more appropriate than | ||||||
9 | a sentence otherwise permitted under this Act. | ||||||
10 | (2) (Blank).
| ||||||
11 | (3) Nothing in this Section limits the power of the court | ||||||
12 | to order a
continuance of the hearing for the production of | ||||||
13 | additional evidence or for any
other proper reason.
| ||||||
14 | (4) When a hearing where a minor is alleged to be a | ||||||
15 | delinquent is
continued
pursuant to this Section, the period of | ||||||
16 | continuance under supervision may not
exceed 24 months. The | ||||||
17 | court may terminate a continuance under supervision at
any time | ||||||
18 | if warranted by the conduct of the minor and the ends of | ||||||
19 | justice or vacate the finding of delinquency or both.
| ||||||
20 | (5) When a hearing where a minor is alleged to be | ||||||
21 | delinquent is continued
pursuant to this Section, the court | ||||||
22 | may, as conditions of the continuance under
supervision, | ||||||
23 | require the minor to do any of the following:
| ||||||
24 | (a) not violate any criminal statute of any | ||||||
25 | jurisdiction;
| ||||||
26 | (b) make a report to and appear in person before any |
| |||||||
| |||||||
1 | person or agency as
directed by the court;
| ||||||
2 | (c) work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (d) undergo medical or psychotherapeutic treatment | ||||||
5 | rendered by a therapist
licensed under the provisions of | ||||||
6 | the Medical Practice Act of 1987, the
Clinical Psychologist | ||||||
7 | Licensing Act, or the Clinical Social Work and Social
Work | ||||||
8 | Practice Act, or an entity licensed by the Department of | ||||||
9 | Human Services as
a successor to the Department of | ||||||
10 | Alcoholism and Substance Abuse, for the
provision of drug | ||||||
11 | addiction and alcoholism treatment;
| ||||||
12 | (e) attend or reside in a facility established for the | ||||||
13 | instruction or
residence of persons on probation;
| ||||||
14 | (f) support his or her dependents, if any;
| ||||||
15 | (g) pay costs;
| ||||||
16 | (h) refrain from possessing a firearm or other | ||||||
17 | dangerous weapon, or an
automobile;
| ||||||
18 | (i) permit the probation officer to visit him or her at | ||||||
19 | his or her home or
elsewhere;
| ||||||
20 | (j) reside with his or her parents or in a foster home;
| ||||||
21 | (k) attend school;
| ||||||
22 | (k-5) with the consent of the superintendent
of the
| ||||||
23 | facility, attend an educational program at a facility other | ||||||
24 | than the school
in which the
offense was committed if he
or | ||||||
25 | she committed a crime of violence as
defined in
Section 2 | ||||||
26 | of the Crime Victims Compensation Act in a school, on the
|
| |||||||
| |||||||
1 | real
property
comprising a school, or within 1,000 feet of | ||||||
2 | the real property comprising a
school;
| ||||||
3 | (l) attend a non-residential program for youth;
| ||||||
4 | (m) contribute to his or her own support at home or in | ||||||
5 | a foster home;
| ||||||
6 | (n) perform some reasonable public or community | ||||||
7 | service;
| ||||||
8 | (o) make restitution to the victim, in the same manner | ||||||
9 | and under the same
conditions as provided in subsection (4) | ||||||
10 | of Section 5-710, except that the
"sentencing hearing" | ||||||
11 | referred
to in that Section shall be the adjudicatory | ||||||
12 | hearing for purposes of this
Section;
| ||||||
13 | (p) comply with curfew requirements as designated by | ||||||
14 | the court;
| ||||||
15 | (q) refrain from entering into a designated geographic | ||||||
16 | area except upon
terms as the court finds appropriate. The | ||||||
17 | terms may include consideration of
the purpose of the | ||||||
18 | entry, the time of day, other persons accompanying the
| ||||||
19 | minor, and advance approval by a probation officer;
| ||||||
20 | (r) refrain from having any contact, directly or | ||||||
21 | indirectly, with certain
specified persons or particular | ||||||
22 | types of persons, including but not limited to
members of | ||||||
23 | street gangs and drug users or dealers;
| ||||||
24 | (r-5) undergo a medical or other procedure to have a | ||||||
25 | tattoo symbolizing
allegiance to a street gang removed from | ||||||
26 | his or her body;
|
| |||||||
| |||||||
1 | (s) refrain from having in his or her body the presence | ||||||
2 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
3 | the Illinois Controlled Substances
Act, or the | ||||||
4 | Methamphetamine Control and Community Protection Act, | ||||||
5 | unless prescribed by a physician, and submit samples of his | ||||||
6 | or her blood
or urine or both for tests to determine the | ||||||
7 | presence of any illicit drug; or
| ||||||
8 | (t) comply with any other conditions as may be ordered | ||||||
9 | by the court.
| ||||||
10 | (6) A minor whose case is continued under supervision under | ||||||
11 | subsection (5)
shall be given a certificate setting forth the | ||||||
12 | conditions imposed by the court.
Those conditions may be | ||||||
13 | reduced, enlarged, or modified by the court on motion
of the | ||||||
14 | probation officer or on its own motion, or that of the State's | ||||||
15 | Attorney,
or, at the request of the minor after notice and | ||||||
16 | hearing.
| ||||||
17 | (7) If a petition is filed charging a violation of a | ||||||
18 | condition of the
continuance under supervision, the court shall | ||||||
19 | conduct a hearing. If the court
finds that a condition of | ||||||
20 | supervision has not been fulfilled, the court may
proceed to | ||||||
21 | findings, adjudication, and disposition or adjudication and | ||||||
22 | disposition. The filing of a petition
for violation of a | ||||||
23 | condition of the continuance under supervision shall toll
the | ||||||
24 | period of continuance under supervision until the final | ||||||
25 | determination of
the charge, and the term of the continuance | ||||||
26 | under supervision shall not run
until the hearing and |
| |||||||
| |||||||
1 | disposition of the petition for violation; provided
where the | ||||||
2 | petition alleges conduct that does not constitute a criminal | ||||||
3 | offense,
the hearing must be held within 30 days of the filing | ||||||
4 | of the petition unless a
delay shall continue the tolling of | ||||||
5 | the period of continuance under supervision
for the period of
| ||||||
6 | the delay.
| ||||||
7 | (8) When a hearing in which a minor is alleged to be a | ||||||
8 | delinquent for
reasons that include a violation of Section | ||||||
9 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
10 | 2012
is continued under this Section, the court shall, as a | ||||||
11 | condition of the
continuance under supervision, require the | ||||||
12 | minor to perform community service
for not less than 30 and not | ||||||
13 | more than 120 hours, if community service is
available in the | ||||||
14 | jurisdiction. The community service shall include, but need
not | ||||||
15 | be limited to, the cleanup and repair of the damage that was | ||||||
16 | caused by the
alleged violation or similar damage to property | ||||||
17 | located in the municipality or
county in which the alleged | ||||||
18 | violation occurred. The condition may be in
addition to any | ||||||
19 | other condition.
| ||||||
20 | (8.5) When a hearing in which a minor is alleged to be a | ||||||
21 | delinquent for
reasons
that include a violation of Section 3.02 | ||||||
22 | or Section 3.03 of the Humane Care for
Animals Act or paragraph | ||||||
23 | (d) of subsection (1)
of Section
21-1 of the Criminal Code of | ||||||
24 | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the | ||||||
25 | Criminal Code of 2012 is continued under this Section, the | ||||||
26 | court
shall, as a
condition of the continuance under |
| |||||||
| |||||||
1 | supervision, require the minor to undergo
medical or
| ||||||
2 | psychiatric treatment rendered by a psychiatrist or | ||||||
3 | psychological treatment
rendered by a
clinical psychologist. | ||||||
4 | The condition may be in addition to any other
condition.
| ||||||
5 | (9) When a hearing in which a minor is alleged to be a | ||||||
6 | delinquent is
continued under this Section, the court, before | ||||||
7 | continuing the case, shall make
a finding whether the offense | ||||||
8 | alleged to have been committed either: (i) was
related to or in | ||||||
9 | furtherance of the activities of an organized gang or was
| ||||||
10 | motivated by the minor's membership in or allegiance to an | ||||||
11 | organized gang, or
(ii) is a violation of paragraph (13) of | ||||||
12 | subsection (a) of Section 12-2 or paragraph (2) of subsection | ||||||
13 | (c) of Section 12-2 of the
Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, a violation of any Section of Article 24 | ||||||
15 | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
16 | violation of any statute that involved the unlawful
use of a | ||||||
17 | firearm. If the court determines the question in the | ||||||
18 | affirmative the
court shall, as a condition of the continuance | ||||||
19 | under supervision and as part of
or in addition to any other | ||||||
20 | condition of the supervision,
require the minor to perform | ||||||
21 | community service for not less than 30 hours,
provided that | ||||||
22 | community service is available in the
jurisdiction and is | ||||||
23 | funded and approved by the county board of the county where
the | ||||||
24 | offense was committed. The community service shall include, but | ||||||
25 | need not
be limited to, the cleanup and repair of any damage | ||||||
26 | caused by an alleged
violation of Section 21-1.3 of the |
| |||||||
| |||||||
1 | Criminal Code of 1961 or the Criminal Code of 2012 and similar | ||||||
2 | damage to
property located in the municipality or county in | ||||||
3 | which the alleged violation
occurred. When possible and | ||||||
4 | reasonable, the community service shall be
performed in the | ||||||
5 | minor's neighborhood. For the purposes of this Section,
| ||||||
6 | "organized gang" has the meaning ascribed to it in Section 10 | ||||||
7 | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
| ||||||
8 | (10) The court shall impose upon a minor placed on | ||||||
9 | supervision, as a
condition of the supervision, a fee of $50 | ||||||
10 | for each month of supervision
ordered by the court, unless | ||||||
11 | after determining the inability of the minor
placed on | ||||||
12 | supervision to pay the fee, the court assesses a lesser amount. | ||||||
13 | The
court may not impose the fee on a minor who is made a ward | ||||||
14 | of the State under
this Act while the minor is in placement. | ||||||
15 | The fee shall be imposed only upon a
minor who is actively | ||||||
16 | supervised by the probation and court services
department. A | ||||||
17 | court may order the parent, guardian, or legal custodian of the
| ||||||
18 | minor to pay some or all of the fee on the minor's behalf.
| ||||||
19 | (11) (Blank). If a minor is placed on supervision for a | ||||||
20 | violation of
subsection (a-7) of Section 1 of the Prevention of | ||||||
21 | Tobacco Use by Minors Act, the
court may, in its discretion, | ||||||
22 | and upon
recommendation by the State's Attorney, order that | ||||||
23 | minor and his or her parents
or legal
guardian to attend a | ||||||
24 | smoker's education or youth diversion program as defined
in | ||||||
25 | that Act if that
program is available in the jurisdiction where | ||||||
26 | the offender resides.
Attendance at a smoker's education or |
| |||||||
| |||||||
1 | youth diversion program
shall be time-credited against any | ||||||
2 | community service time imposed for any
first violation of | ||||||
3 | subsection (a-7) of Section 1 of that Act. In addition to any
| ||||||
4 | other
penalty
that the court may impose for a violation of | ||||||
5 | subsection (a-7) of Section 1 of
that Act, the
court, upon | ||||||
6 | request by the State's Attorney, may in its discretion
require
| ||||||
7 | the offender to remit a fee for his or her attendance at a | ||||||
8 | smoker's
education or
youth diversion program.
| ||||||
9 | For purposes of this Section, "smoker's education program" | ||||||
10 | or "youth
diversion program" includes, but is not limited to, a | ||||||
11 | seminar designed to
educate a person on the physical and | ||||||
12 | psychological effects of smoking tobacco
products and the | ||||||
13 | health consequences of smoking tobacco products that can be
| ||||||
14 | conducted with a locality's youth diversion program.
| ||||||
15 | In addition to any other penalty that the court may impose | ||||||
16 | under this
subsection
(11):
| ||||||
17 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
18 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
19 | may
impose a sentence of 15 hours of
community service or a | ||||||
20 | fine of $25 for a first violation.
| ||||||
21 | (b) A second violation by a minor of subsection (a-7) | ||||||
22 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
23 | the first violation is punishable by a fine of $50 and
25
| ||||||
24 | hours of community service.
| ||||||
25 | (c) A third or subsequent violation by a minor of | ||||||
26 | subsection (a-7) of Section
1 of that Act
that
occurs |
| |||||||
| |||||||
1 | within 12 months after the first violation is punishable by | ||||||
2 | a $100
fine
and 30 hours of community service.
| ||||||
3 | (d) Any second or subsequent violation not within the | ||||||
4 | 12-month time period
after the first violation is | ||||||
5 | punishable as provided for a first violation.
| ||||||
6 | (Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.)
| ||||||
7 | (705 ILCS 405/5-710)
| ||||||
8 | Sec. 5-710. Kinds of sentencing orders.
| ||||||
9 | (1) The following kinds of sentencing orders may be made in | ||||||
10 | respect of
wards of the court:
| ||||||
11 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
12 | a minor who is
found
guilty under Section 5-620 may be:
| ||||||
13 | (i) put on probation or conditional discharge and | ||||||
14 | released to his or her
parents, guardian or legal | ||||||
15 | custodian, provided, however, that any such minor
who | ||||||
16 | is not committed to the Department of Juvenile Justice | ||||||
17 | under
this subsection and who is found to be a | ||||||
18 | delinquent for an offense which is
first degree murder, | ||||||
19 | a Class X felony, or a forcible felony shall be placed | ||||||
20 | on
probation;
| ||||||
21 | (ii) placed in accordance with Section 5-740, with | ||||||
22 | or without also being
put on probation or conditional | ||||||
23 | discharge;
| ||||||
24 | (iii) required to undergo a substance abuse | ||||||
25 | assessment conducted by a
licensed provider and |
| |||||||
| |||||||
1 | participate in the indicated clinical level of care;
| ||||||
2 | (iv) on and after the effective date of this | ||||||
3 | amendatory Act of the 98th General Assembly and before | ||||||
4 | January 1, 2017, placed in the guardianship of the | ||||||
5 | Department of Children and Family
Services, but only if | ||||||
6 | the delinquent minor is under 16 years of age or, | ||||||
7 | pursuant to Article II of this Act, a minor for whom an | ||||||
8 | independent basis of abuse, neglect, or dependency | ||||||
9 | exists. On and after January 1, 2017, placed in the | ||||||
10 | guardianship of the Department of Children and Family
| ||||||
11 | Services, but only if the delinquent minor is under 15 | ||||||
12 | years of age or, pursuant to Article II of this Act, a | ||||||
13 | minor for whom an independent basis of abuse, neglect, | ||||||
14 | or dependency exists. An independent basis exists when | ||||||
15 | the allegations or adjudication of abuse, neglect, or | ||||||
16 | dependency do not arise from the same facts, incident, | ||||||
17 | or circumstances which give rise to a charge or | ||||||
18 | adjudication of delinquency;
| ||||||
19 | (v) placed in detention for a period not to exceed | ||||||
20 | 30 days, either as
the
exclusive order of disposition | ||||||
21 | or, where appropriate, in conjunction with any
other | ||||||
22 | order of disposition issued under this paragraph, | ||||||
23 | provided that any such
detention shall be in a juvenile | ||||||
24 | detention home and the minor so detained shall
be 10 | ||||||
25 | years of age or older. However, the 30-day limitation | ||||||
26 | may be extended by
further order of the court for a |
| |||||||
| |||||||
1 | minor under age 15 committed to the Department
of | ||||||
2 | Children and Family Services if the court finds that | ||||||
3 | the minor is a danger
to himself or others. The minor | ||||||
4 | shall be given credit on the sentencing order
of | ||||||
5 | detention for time spent in detention under Sections | ||||||
6 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
7 | result of the offense for which the sentencing order | ||||||
8 | was imposed.
The court may grant credit on a sentencing | ||||||
9 | order of detention entered under a
violation of | ||||||
10 | probation or violation of conditional discharge under | ||||||
11 | Section
5-720 of this Article for time spent in | ||||||
12 | detention before the filing of the
petition
alleging | ||||||
13 | the violation. A minor shall not be deprived of credit | ||||||
14 | for time spent
in detention before the filing of a | ||||||
15 | violation of probation or conditional
discharge | ||||||
16 | alleging the same or related act or acts. The | ||||||
17 | limitation that the minor shall only be placed in a | ||||||
18 | juvenile detention home does not apply as follows: | ||||||
19 | Persons 18 years of age and older who have a | ||||||
20 | petition of delinquency filed against them may be | ||||||
21 | confined in an adult detention facility. In making a | ||||||
22 | determination whether to confine a person 18 years of | ||||||
23 | age or older who has a petition of delinquency filed | ||||||
24 | against the person, these factors, among other | ||||||
25 | matters, shall be considered: | ||||||
26 | (A) the age of the person; |
| |||||||
| |||||||
1 | (B) any previous delinquent or criminal | ||||||
2 | history of the person; | ||||||
3 | (C) any previous abuse or neglect history of | ||||||
4 | the person; | ||||||
5 | (D) any mental health history of the person; | ||||||
6 | and | ||||||
7 | (E) any educational history of the person;
| ||||||
8 | (vi) ordered partially or completely emancipated | ||||||
9 | in accordance with the
provisions of the Emancipation | ||||||
10 | of Minors Act;
| ||||||
11 | (vii) subject to having his or her driver's license | ||||||
12 | or driving
privileges
suspended for such time as | ||||||
13 | determined by the court but only until he or she
| ||||||
14 | attains 18 years of age;
| ||||||
15 | (viii) put on probation or conditional discharge | ||||||
16 | and placed in detention
under Section 3-6039 of the | ||||||
17 | Counties Code for a period not to exceed the period
of | ||||||
18 | incarceration permitted by law for adults found guilty | ||||||
19 | of the same offense
or offenses for which the minor was | ||||||
20 | adjudicated delinquent, and in any event no
longer than | ||||||
21 | upon attainment of age 21; this subdivision (viii) | ||||||
22 | notwithstanding
any contrary provision of the law;
| ||||||
23 | (ix) ordered to undergo a medical or other | ||||||
24 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
25 | street gang removed from his or her body; or | ||||||
26 | (x) placed in electronic home detention under Part |
| |||||||
| |||||||
1 | 7A of this Article.
| ||||||
2 | (b) A minor found to be guilty may be committed to the | ||||||
3 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
4 | minor is at least 13 years and under 20 years of age,
| ||||||
5 | provided that the commitment to the Department of Juvenile | ||||||
6 | Justice shall be made only if a term of imprisonment in the | ||||||
7 | penitentiary system of the Department of Corrections is | ||||||
8 | permitted by law for
adults found guilty of the offense for | ||||||
9 | which the minor was adjudicated
delinquent. The court shall | ||||||
10 | include in the sentencing order any pre-custody credits the | ||||||
11 | minor is entitled to under Section 5-4.5-100 of the Unified | ||||||
12 | Code of Corrections. The time during which a minor is in | ||||||
13 | custody before being released
upon the request of a parent, | ||||||
14 | guardian or legal custodian shall also be considered
as | ||||||
15 | time spent in custody.
| ||||||
16 | (c) When a minor is found to be guilty for an offense | ||||||
17 | which is a violation
of the Illinois Controlled Substances | ||||||
18 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
19 | Control and Community Protection Act and made
a ward of the | ||||||
20 | court, the court may enter a disposition order requiring | ||||||
21 | the
minor to undergo assessment,
counseling or treatment in | ||||||
22 | a substance abuse program approved by the Department
of | ||||||
23 | Human Services.
| ||||||
24 | (2) Any sentencing order other than commitment to the | ||||||
25 | Department of
Juvenile Justice may provide for protective | ||||||
26 | supervision under
Section 5-725 and may include an order of |
| |||||||
| |||||||
1 | protection under Section 5-730.
| ||||||
2 | (3) Unless the sentencing order expressly so provides, it | ||||||
3 | does not operate
to close proceedings on the pending petition, | ||||||
4 | but is subject to modification
until final closing and | ||||||
5 | discharge of the proceedings under Section 5-750.
| ||||||
6 | (4) In addition to any other sentence, the court may order | ||||||
7 | any
minor
found to be delinquent to make restitution, in | ||||||
8 | monetary or non-monetary form,
under the terms and conditions | ||||||
9 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
10 | that the "presentencing hearing" referred to in that
Section
| ||||||
11 | shall be
the sentencing hearing for purposes of this Section. | ||||||
12 | The parent, guardian or
legal custodian of the minor may be | ||||||
13 | ordered by the court to pay some or all of
the restitution on | ||||||
14 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
15 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
16 | victim in seeking restitution in proceedings under this
| ||||||
17 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
18 | Parental
Responsibility Law.
| ||||||
19 | (5) Any sentencing order where the minor is committed or | ||||||
20 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
21 | parents or guardian of the estate of
the minor to pay to the | ||||||
22 | legal custodian or guardian of the person of the minor
such | ||||||
23 | sums as are determined by the custodian or guardian of the | ||||||
24 | person of the
minor as necessary for the minor's needs. The | ||||||
25 | payments may not exceed the
maximum amounts provided for by | ||||||
26 | Section 9.1 of the Children and Family Services
Act.
|
| |||||||
| |||||||
1 | (6) Whenever the sentencing order requires the minor to | ||||||
2 | attend school or
participate in a program of training, the | ||||||
3 | truant officer or designated school
official shall regularly | ||||||
4 | report to the court if the minor is a chronic or
habitual | ||||||
5 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
6 | any other provision of this Act, in instances in which | ||||||
7 | educational services are to be provided to a minor in a | ||||||
8 | residential facility where the minor has been placed by the | ||||||
9 | court, costs incurred in the provision of those educational | ||||||
10 | services must be allocated based on the requirements of the | ||||||
11 | School Code.
| ||||||
12 | (7) In no event shall a guilty minor be committed to the | ||||||
13 | Department of
Juvenile Justice for a period of time in
excess | ||||||
14 | of
that period for which an adult could be committed for the | ||||||
15 | same act. The court shall include in the sentencing order a | ||||||
16 | limitation on the period of confinement not to exceed the | ||||||
17 | maximum period of imprisonment the court could impose under | ||||||
18 | Article V of the Unified Code of Corrections.
| ||||||
19 | (7.5) In no event shall a guilty minor be committed to the | ||||||
20 | Department of Juvenile Justice or placed in detention when the | ||||||
21 | act for which the minor was adjudicated delinquent would not be | ||||||
22 | illegal if committed by an adult. | ||||||
23 | (8) A minor found to be guilty for reasons that include a | ||||||
24 | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012 shall be ordered to perform
community | ||||||
26 | service for not less than 30 and not more than 120 hours, if
|
| |||||||
| |||||||
1 | community service is available in the jurisdiction. The | ||||||
2 | community service
shall include, but need not be limited to, | ||||||
3 | the cleanup and repair of the damage
that was caused by the | ||||||
4 | violation or similar damage to property located in the
| ||||||
5 | municipality or county in which the violation occurred. The | ||||||
6 | order may be in
addition to any other order authorized by this | ||||||
7 | Section.
| ||||||
8 | (8.5) A minor found to be guilty for reasons that include a | ||||||
9 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
10 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
11 | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | ||||||
12 | subsection (a) of Section 21-1 of the Criminal Code of 2012 | ||||||
13 | shall be ordered to undergo medical or psychiatric treatment | ||||||
14 | rendered by
a
psychiatrist or psychological treatment rendered | ||||||
15 | by a clinical psychologist.
The order
may be in addition to any | ||||||
16 | other order authorized by this Section.
| ||||||
17 | (9) In addition to any other sentencing order, the court | ||||||
18 | shall order any
minor found
to be guilty for an act which would | ||||||
19 | constitute, predatory criminal sexual
assault of a child, | ||||||
20 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
21 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
22 | committed by an
adult to undergo medical testing to determine | ||||||
23 | whether the defendant has any
sexually transmissible disease | ||||||
24 | including a test for infection with human
immunodeficiency | ||||||
25 | virus (HIV) or any other identified causative agency of
| ||||||
26 | acquired immunodeficiency syndrome (AIDS). Any medical test |
| |||||||
| |||||||
1 | shall be performed
only by appropriately licensed medical | ||||||
2 | practitioners and may include an
analysis of any bodily fluids | ||||||
3 | as well as an examination of the minor's person.
Except as | ||||||
4 | otherwise provided by law, the results of the test shall be | ||||||
5 | kept
strictly confidential by all medical personnel involved in | ||||||
6 | the testing and must
be personally delivered in a sealed | ||||||
7 | envelope to the judge of the court in which
the sentencing | ||||||
8 | order was entered for the judge's inspection in camera. Acting
| ||||||
9 | in accordance with the best interests of the victim and the | ||||||
10 | public, the judge
shall have the discretion to determine to | ||||||
11 | whom the results of the testing may
be revealed. The court | ||||||
12 | shall notify the minor of the results of the test for
infection | ||||||
13 | with the human immunodeficiency virus (HIV). The court shall | ||||||
14 | also
notify the victim if requested by the victim, and if the | ||||||
15 | victim is under the
age of 15 and if requested by the victim's | ||||||
16 | parents or legal guardian, the court
shall notify the victim's | ||||||
17 | parents or the legal guardian, of the results of the
test for | ||||||
18 | infection with the human immunodeficiency virus (HIV). The | ||||||
19 | court
shall provide information on the availability of HIV | ||||||
20 | testing and counseling at
the Department of Public Health | ||||||
21 | facilities to all parties to whom the
results of the testing | ||||||
22 | are revealed. The court shall order that the cost of
any test | ||||||
23 | shall be paid by the county and may be taxed as costs against | ||||||
24 | the
minor.
| ||||||
25 | (10) When a court finds a minor to be guilty the court | ||||||
26 | shall, before
entering a sentencing order under this Section, |
| |||||||
| |||||||
1 | make a finding whether the
offense committed either: (a) was | ||||||
2 | related to or in furtherance of the criminal
activities of an | ||||||
3 | organized gang or was motivated by the minor's membership in
or | ||||||
4 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
5 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961 | ||||||
6 | or the Criminal Code of 2012, a violation of
any
Section of | ||||||
7 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012, or a violation of any
statute that involved the wrongful | ||||||
9 | use of a firearm. If the court determines
the question in the | ||||||
10 | affirmative,
and the court does not commit the minor to the | ||||||
11 | Department of Juvenile Justice, the court shall order the minor | ||||||
12 | to perform community service
for not less than 30 hours nor | ||||||
13 | more than 120 hours, provided that community
service is | ||||||
14 | available in the jurisdiction and is funded and approved by the
| ||||||
15 | county board of the county where the offense was committed. The | ||||||
16 | community
service shall include, but need not be limited to, | ||||||
17 | the cleanup and repair of
any damage caused by a violation of | ||||||
18 | Section 21-1.3 of the Criminal Code of 1961 or the Criminal | ||||||
19 | Code of 2012
and similar damage to property located in the | ||||||
20 | municipality or county in which
the violation occurred. When | ||||||
21 | possible and reasonable, the community service
shall be | ||||||
22 | performed in the minor's neighborhood. This order shall be in
| ||||||
23 | addition to any other order authorized by this Section
except | ||||||
24 | for an order to place the minor in the custody of the | ||||||
25 | Department of
Juvenile Justice. For the purposes of this | ||||||
26 | Section, "organized
gang" has the meaning ascribed to it in |
| |||||||
| |||||||
1 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
2 | Prevention Act.
| ||||||
3 | (11) If the court determines that the offense was committed | ||||||
4 | in furtherance of the criminal activities of an organized gang, | ||||||
5 | as provided in subsection (10), and that the offense involved | ||||||
6 | the operation or use of a motor vehicle or the use of a | ||||||
7 | driver's license or permit, the court shall notify the | ||||||
8 | Secretary of State of that determination and of the period for | ||||||
9 | which the minor shall be denied driving privileges. If, at the | ||||||
10 | time of the determination, the minor does not hold a driver's | ||||||
11 | license or permit, the court shall provide that the minor shall | ||||||
12 | not be issued a driver's license or permit until his or her | ||||||
13 | 18th birthday. If the minor holds a driver's license or permit | ||||||
14 | at the time of the determination, the court shall provide that | ||||||
15 | the minor's driver's license or permit shall be revoked until | ||||||
16 | his or her 21st birthday, or until a later date or occurrence | ||||||
17 | determined by the court. If the minor holds a driver's license | ||||||
18 | at the time of the determination, the court may direct the | ||||||
19 | Secretary of State to issue the minor a judicial driving | ||||||
20 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
21 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
22 | Illinois Vehicle Code, except that the court may direct that | ||||||
23 | the JDP be effective immediately.
| ||||||
24 | (12) (Blank). If a minor is found to be guilty of a | ||||||
25 | violation of
subsection (a-7) of Section 1 of the Prevention of | ||||||
26 | Tobacco Use by Minors Act, the
court may, in its discretion, |
| |||||||
| |||||||
1 | and upon
recommendation by the State's Attorney, order that | ||||||
2 | minor and his or her parents
or legal
guardian to attend a | ||||||
3 | smoker's education or youth diversion program as defined
in | ||||||
4 | that Act if that
program is available in the jurisdiction where | ||||||
5 | the offender resides.
Attendance at a smoker's education or | ||||||
6 | youth diversion program
shall be time-credited against any | ||||||
7 | community service time imposed for any
first violation of | ||||||
8 | subsection (a-7) of Section 1 of that Act. In addition to any
| ||||||
9 | other
penalty
that the court may impose for a violation of | ||||||
10 | subsection (a-7) of Section 1 of
that Act, the
court, upon | ||||||
11 | request by the State's Attorney, may in its discretion
require
| ||||||
12 | the offender to remit a fee for his or her attendance at a | ||||||
13 | smoker's
education or
youth diversion program.
| ||||||
14 | For purposes of this Section, "smoker's education program" | ||||||
15 | or "youth
diversion program" includes, but is not limited to, a | ||||||
16 | seminar designed to
educate a person on the physical and | ||||||
17 | psychological effects of smoking tobacco
products and the | ||||||
18 | health consequences of smoking tobacco products that can be
| ||||||
19 | conducted with a locality's youth diversion program.
| ||||||
20 | In addition to any other penalty that the court may impose | ||||||
21 | under this
subsection
(12):
| ||||||
22 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
23 | of the Prevention of
Tobacco Use by Minors Act, the court | ||||||
24 | may
impose a sentence of 15 hours of
community service or a | ||||||
25 | fine of $25 for a first violation.
| ||||||
26 | (b) A second violation by a minor of subsection (a-7) |
| |||||||
| |||||||
1 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
2 | the first violation is punishable by a fine of $50 and
25
| ||||||
3 | hours of community service.
| ||||||
4 | (c) A third or subsequent violation by a minor of | ||||||
5 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
6 | within 12 months after the first violation is punishable by | ||||||
7 | a $100
fine
and 30 hours of community service.
| ||||||
8 | (d) Any second or subsequent violation not within the | ||||||
9 | 12-month time period
after the first violation is | ||||||
10 | punishable as provided for a first violation.
| ||||||
11 | (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; | ||||||
12 | 99-268, eff. 1-1-16 .)
| ||||||
13 | Section 25. The Prevention of Tobacco Use by
Minors and | ||||||
14 | Sale and Distribution of Tobacco Products Act is amended by | ||||||
15 | changing the title of the Act and Sections 0.01, 1, and 2 as | ||||||
16 | follows:
| ||||||
17 | (720 ILCS 675/Act title)
| ||||||
18 | An Act to prohibit persons under 21 years of age minors | ||||||
19 | from buying or ,
selling , or possessing
tobacco in any of its | ||||||
20 | forms, to prohibit selling,
giving or
furnishing tobacco, in | ||||||
21 | any of its forms, to persons under 21 years of age minors , and | ||||||
22 | to prohibit the distribution of tobacco samples and providing | ||||||
23 | penalties
therefor.
|
| |||||||
| |||||||
1 | (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9)
| ||||||
2 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
3 | Prevention of Tobacco Use by Persons under 21 Years of Age
| ||||||
4 | Minors and Sale and Distribution of Tobacco Products Act.
| ||||||
5 | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | ||||||
6 | 96-1000, eff. 7-2-10.)
| ||||||
7 | (720 ILCS 675/1) (from Ch. 23, par. 2357)
| ||||||
8 | Sec. 1. Prohibition on sale to and possession of tobacco | ||||||
9 | products and electronic cigarettes to underage persons by | ||||||
10 | minors ; prohibition on the distribution of tobacco product | ||||||
11 | samples and electronic cigarette samples to any person; use of | ||||||
12 | identification cards; vending machines; lunch
wagons; | ||||||
13 | out-of-package sales.
| ||||||
14 | (a) No person minor under 21 18 years of age shall buy any | ||||||
15 | tobacco product or electronic cigarette . No person shall sell, | ||||||
16 | buy
for, distribute samples of or furnish any tobacco product | ||||||
17 | or any electronic cigarette to any person minor under 21 18 | ||||||
18 | years of age. | ||||||
19 | (a-5) No person minor under 16 years of
age may sell any | ||||||
20 | tobacco product or electronic cigarette at a retail
| ||||||
21 | establishment selling tobacco products or electronic | ||||||
22 | cigarettes, or both . This subsection does not apply
to a sales | ||||||
23 | clerk in a family-owned business which can prove that the sales
| ||||||
24 | clerk
is in fact a son or daughter of the owner.
| ||||||
25 | (a-5.1) Before selling, offering for sale, giving, or |
| |||||||
| |||||||
1 | furnishing a tobacco product or electronic cigarette, to | ||||||
2 | another person, the person selling, offering for sale, giving, | ||||||
3 | or furnishing the tobacco product or electronic cigarette shall | ||||||
4 | verify that the person is at least 21 years of age by: | ||||||
5 | (1) examining from any person that appears to be under | ||||||
6 | 30 years of age a government-issued photographic | ||||||
7 | identification that establishes the person to be 21 years | ||||||
8 | of age or older; or | ||||||
9 | (2) for sales of electronic cigarettes made through the | ||||||
10 | Internet or other remote sales methods, performing an age | ||||||
11 | verification through an independent, third party age | ||||||
12 | verification service that compares information available | ||||||
13 | from public records to the personal information entered by | ||||||
14 | the person during the ordering process that establishes the | ||||||
15 | person is 21 years of age or older. | ||||||
16 | (a-6) No person minor under 21 18 years of age in the | ||||||
17 | furtherance or facilitation of obtaining any tobacco product | ||||||
18 | shall display or use a false or forged identification card or | ||||||
19 | transfer, alter, or deface an identification card.
| ||||||
20 | (a-7) (Blank). No minor under 18 years of age shall | ||||||
21 | possess any cigar, cigarette,
smokeless tobacco, or tobacco in | ||||||
22 | any of its forms. | ||||||
23 | (a-8) A person shall not distribute without charge samples | ||||||
24 | of any tobacco product or electronic cigarette to any other | ||||||
25 | person, regardless of age: | ||||||
26 | (1) within a retail establishment selling tobacco |
| |||||||
| |||||||
1 | products, unless the retailer has verified the purchaser's | ||||||
2 | age with a government issued identification; | ||||||
3 | (2) from a lunch wagon; or | ||||||
4 | (3) on a public way as a promotion or advertisement of | ||||||
5 | a tobacco manufacturer , or tobacco product , or electronic | ||||||
6 | cigarette . | ||||||
7 | This subsection (a-8) does not apply to the distribution of | ||||||
8 | a tobacco product sample in any adult-only facility. | ||||||
9 | (a-9) For the purpose of this Section: | ||||||
10 | "Adult-only facility means a facility or restricted | ||||||
11 | area (whether open-air or enclosed) where the operator | ||||||
12 | ensures or has a reasonable basis to believe (such as by | ||||||
13 | checking identification as required under State law, or by | ||||||
14 | checking the identification of any person appearing to be | ||||||
15 | under the age of 30 27 ) that no person under legal age is | ||||||
16 | present. A facility or restricted area need not be | ||||||
17 | permanently restricted to persons under 21 years of legal | ||||||
18 | age to constitute an adult-only facility, provided that the | ||||||
19 | operator ensures or has a reasonable basis to believe that | ||||||
20 | no person under 21 years of legal age is present during the | ||||||
21 | event or time period in question. | ||||||
22 | "Electronic cigarette" means: | ||||||
23 | (1) any device that employs a battery or other | ||||||
24 | mechanism to heat a solution or substance to produce a | ||||||
25 | vapor or aerosol intended for inhalation; | ||||||
26 | (2) any cartridge or container of a solution or |
| |||||||
| |||||||
1 | substance intended to be used with or in the device or to | ||||||
2 | refill the device; or | ||||||
3 | (3) any solution or substance, whether or not it | ||||||
4 | contains nicotine intended for use in the device. | ||||||
5 | "Electronic cigarette" includes, but is not limited to, any | ||||||
6 | electronic nicotine delivery system, electronic cigar, | ||||||
7 | electronic cigarillo, electronic pipe, electronic hookah, | ||||||
8 | vape pen, or similar product or device, and any components | ||||||
9 | or parts that can be used to build the product or device. | ||||||
10 | "Electronic cigarette" excludes cigarettes as defined in | ||||||
11 | Section 1 of the Cigarette Tax Act and tobacco products as | ||||||
12 | defined in Section 10-5 of the Tobacco Products Tax Act of | ||||||
13 | 1995. "Electronic cigarette" does not include any asthma | ||||||
14 | inhaler or any product that has been approved by the United | ||||||
15 | States Food and Drug Administration for tobacco cessation, | ||||||
16 | nicotine cessation, or other therapeutic product approved | ||||||
17 | for use under the Compassionate Use of Medical Cannabis | ||||||
18 | Pilot Program Act. | ||||||
19 | "Lunch wagon" means a mobile vehicle
designed and | ||||||
20 | constructed to transport food and from which food is sold | ||||||
21 | to the
general public. | ||||||
22 | "Smokeless tobacco" means any tobacco
products that | ||||||
23 | are suitable for dipping or chewing.
| ||||||
24 | "Tobacco product" means any product containing or made | ||||||
25 | from tobacco that is intended for human consumption, | ||||||
26 | whether smoked, heated, chewed, absorbed, dissolved, |
| |||||||
| |||||||
1 | inhaled, snorted, sniffed, or ingested by any other means, | ||||||
2 | including, but not limited to, cigarettes, cigars, little | ||||||
3 | cigars, chewing tobacco, pipe tobacco, snuff, and snus. | ||||||
4 | "Tobacco product" includes any component, part, or | ||||||
5 | accessory of a tobacco product, whether or not sold | ||||||
6 | separately. "Tobacco product" does not include any product | ||||||
7 | that has been approved by the United States Food and Drug | ||||||
8 | Administration for sale as a tobacco cessation product or | ||||||
9 | for other therapeutic purposes in which the product is | ||||||
10 | marketed and sold solely for the an approved purpose means | ||||||
11 | any cigar, cigarette, smokeless tobacco, or tobacco in any | ||||||
12 | of its
forms . | ||||||
13 | (b) Tobacco products and electronic cigarettes listed in | ||||||
14 | this Section may be sold through a vending machine
only if such | ||||||
15 | tobacco products and electronic cigarettes are not placed | ||||||
16 | together with any non-tobacco product, other than matches, in | ||||||
17 | the vending machine and the vending machine is in
any of the | ||||||
18 | following locations:
| ||||||
19 | (1) (Blank).
| ||||||
20 | (2) Places to which persons minors under 21 18 years of | ||||||
21 | age are not permitted access at any time .
| ||||||
22 | (3) Places where alcoholic beverages are sold and | ||||||
23 | consumed on the
premises and vending machine operation is | ||||||
24 | under the direct supervision of the owner or manager.
| ||||||
25 | (4) (Blank).
| ||||||
26 | (5) (Blank). Places where the vending machine can only |
| |||||||
| |||||||
1 | be operated by the owner or
an employee over age 18 either | ||||||
2 | directly or through a remote control device if
the device | ||||||
3 | is inaccessible to all customers.
| ||||||
4 | (c) (Blank).
| ||||||
5 | (d) The sale or distribution by any person of a tobacco | ||||||
6 | product in this Section, including but not limited to a single | ||||||
7 | or loose cigarette, that is not contained within a sealed | ||||||
8 | container, pack, or package as provided by the manufacturer, | ||||||
9 | which container, pack, or package bears the health warning | ||||||
10 | required by federal law, is prohibited.
| ||||||
11 | (e) It is not a violation of this Act for a person under 21 | ||||||
12 | 18 years of age to purchase a tobacco product or possess a | ||||||
13 | cigar, cigarette, smokeless tobacco or electronic cigarette | ||||||
14 | tobacco in any of its forms if the person under the age of 21 18 | ||||||
15 | purchases or is given the cigar, cigarette, smokeless tobacco | ||||||
16 | or tobacco product or electronic cigarette in any of its forms | ||||||
17 | from a retail seller of tobacco products or electronic | ||||||
18 | cigarettes or an employee of the retail seller pursuant to a | ||||||
19 | plan or action to investigate, patrol, or otherwise conduct a | ||||||
20 | "sting operation" or enforcement action against a retail seller | ||||||
21 | of tobacco products or electronic cigarettes or a person | ||||||
22 | employed by the retail seller of tobacco products or electronic | ||||||
23 | cigarettes or on any premises authorized to sell tobacco | ||||||
24 | products or electronic cigarettes to determine if tobacco | ||||||
25 | products or electronic cigarettes are being sold or given to | ||||||
26 | persons under 21 18 years of age if the "sting operation" or |
| |||||||
| |||||||
1 | enforcement action is approved by, conducted by, or conducted | ||||||
2 | on behalf of the Department of State Police, the county | ||||||
3 | sheriff, a municipal police department, the Department of | ||||||
4 | Revenue, the Department of Public Health, or a local health | ||||||
5 | department. The results of any sting operation or enforcement | ||||||
6 | action, including the name of the clerk, shall be provided to | ||||||
7 | the retail seller within 7 business days. | ||||||
8 | (Source: P.A. 98-1055, eff. 1-1-16 .)
| ||||||
9 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
| ||||||
10 | (Text of Section after amendment by P.A. 99-496 )
| ||||||
11 | Sec. 2. Penalties. | ||||||
12 | (a) Any person who violates subsection (a) , or (a-5) , | ||||||
13 | (a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or | ||||||
14 | (c) of Section 1.5 of this Act is guilty of a petty offense. | ||||||
15 | For the first offense in a 24-month period, the person shall be | ||||||
16 | fined $200 if his or her employer has a training program that | ||||||
17 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
18 | second offense in a 24-month period, the person shall be fined | ||||||
19 | $400 if his or her employer has a training program that | ||||||
20 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
21 | third offense in a 24-month period, the person shall be fined | ||||||
22 | $600 if his or her employer has a training program that | ||||||
23 | facilitates compliance with minimum-age tobacco laws. For the | ||||||
24 | fourth or subsequent offense in a 24-month period, the person | ||||||
25 | shall be fined $800 if his or her employer has a training |
| |||||||
| |||||||
1 | program that facilitates compliance with minimum-age tobacco | ||||||
2 | laws. For the purposes of this subsection, the 24-month period | ||||||
3 | shall begin with the person's first violation of the Act. The | ||||||
4 | penalties in this subsection are in addition to any other | ||||||
5 | penalties prescribed under the Cigarette Tax Act and the | ||||||
6 | Tobacco Products Tax Act of 1995. | ||||||
7 | (a-5) Any retailer who violates subsection (a) or (a-5) of | ||||||
8 | Section 1 or subsection (b) or (c) of Section 1.5 of this Act | ||||||
9 | is guilty of a petty offense. For the first offense, the | ||||||
10 | retailer shall be fined $200 if it does not have a training | ||||||
11 | program that facilitates compliance with minimum-age tobacco | ||||||
12 | laws. For the second offense, the retailer shall be fined $400 | ||||||
13 | if it does not have a training program that facilitates | ||||||
14 | compliance with minimum-age tobacco laws. For the third | ||||||
15 | offense, the retailer shall be fined $600 if it does not have a | ||||||
16 | training program that facilitates compliance with minimum-age | ||||||
17 | tobacco laws. For the fourth or subsequent offense in a | ||||||
18 | 24-month period, the retailer shall be fined $800 if it does | ||||||
19 | not have a training program that facilitates compliance with | ||||||
20 | minimum-age tobacco laws. For the purposes of this subsection, | ||||||
21 | the 24-month period shall begin with the person's first | ||||||
22 | violation of the Act. The penalties in this subsection are in | ||||||
23 | addition to any other penalties prescribed under the Cigarette | ||||||
24 | Tax Act and the Tobacco Products Tax Act of 1995. | ||||||
25 | (a-6) For the purpose of this Act, a training program that | ||||||
26 | facilitates compliance with minimum-age tobacco laws must |
| |||||||
| |||||||
1 | include at least the following elements: (i) it must explain | ||||||
2 | that only individuals displaying valid identification | ||||||
3 | demonstrating that they are 21 18 years of age or older shall | ||||||
4 | be eligible to purchase cigarettes , or tobacco products , or | ||||||
5 | electronic cigarettes and (ii) it must explain where a clerk | ||||||
6 | can check identification for a date of birth. The training may | ||||||
7 | be conducted electronically. Each retailer that has a training | ||||||
8 | program shall require each employee who completes the training | ||||||
9 | program to sign a form attesting that the employee has received | ||||||
10 | and completed tobacco training. The form shall be kept in the | ||||||
11 | employee's file and may be used to provide proof of training.
| ||||||
12 | (b) If a minor violates subsection (a-7) of Section 1 or | ||||||
13 | subsection (d) of Section 1.5 he or she is guilty of a petty | ||||||
14 | offense and the court may
impose a sentence of 25 hours of
| ||||||
15 | community
service and a fine of $50 for a first violation. If a | ||||||
16 | person under 21 years of age minor violates subsection (a-6) of | ||||||
17 | Section 1, he or she is guilty of a Class A misdemeanor.
| ||||||
18 | (c) (Blank). A second violation by a minor of subsection | ||||||
19 | (a-7) of Section 1 or subsection (d) of Section 1.5 that occurs
| ||||||
20 | within 12 months after the first violation is punishable by a | ||||||
21 | fine of $75 and 50
hours of community service.
| ||||||
22 | (d) (Blank). A third or subsequent violation by a minor of | ||||||
23 | subsection (a-7) of Section
1
or subsection (d) of Section 1.5 | ||||||
24 | that
occurs within 12 months after the first violation is | ||||||
25 | punishable by a $200
fine
and 50 hours of community service.
| ||||||
26 | (e) (Blank). Any second or subsequent violation not within |
| |||||||
| |||||||
1 | the 12-month time period
after
the first violation is | ||||||
2 | punishable as provided for a first violation.
| ||||||
3 | (f) (Blank). If a minor is convicted of or placed on | ||||||
4 | supervision for a violation of
subsection (a-6) or (a-7) of | ||||||
5 | Section 1 or subsection (d) of Section 1.5, the court may, in | ||||||
6 | its discretion, and upon
recommendation by the State's | ||||||
7 | Attorney, order that minor and his or her parents
or legal
| ||||||
8 | guardian to attend a smoker's education or youth diversion | ||||||
9 | program if that
program is available in the jurisdiction where | ||||||
10 | the offender resides.
Attendance at a smoker's education or | ||||||
11 | youth diversion program
shall be time-credited against any | ||||||
12 | community service time imposed for any
first violation of | ||||||
13 | subsection (a-7) of Section 1. In addition to any other
penalty
| ||||||
14 | that the court may impose for a violation of subsection (a-7) | ||||||
15 | of Section 1 or subsection (d) of Section 1.5, the
court, upon | ||||||
16 | request by the State's Attorney, may in its discretion
require
| ||||||
17 | the offender to remit a fee for his or her attendance at a | ||||||
18 | smoker's
education or
youth diversion program.
| ||||||
19 | (g) (Blank). For purposes of this Section, "smoker's | ||||||
20 | education
program"
or
"youth diversion program" includes, but | ||||||
21 | is not limited to, a seminar designed
to educate a person on | ||||||
22 | the physical and psychological effects of smoking
tobacco | ||||||
23 | products and alternative nicotine products and the health | ||||||
24 | consequences of smoking tobacco products
and alternative | ||||||
25 | nicotine products that can be conducted with a locality's youth | ||||||
26 | diversion program.
|
| |||||||
| |||||||
1 | (h) All moneys collected as fines for violations of | ||||||
2 | subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or | ||||||
3 | (a-7) of
Section 1
and subsection (b), (c), or (d) of Section | ||||||
4 | 1.5 shall be distributed in the following manner:
| ||||||
5 | (1) one-half of each fine shall be distributed to the | ||||||
6 | unit of local
government or other entity that successfully | ||||||
7 | prosecuted the offender;
and
| ||||||
8 | (2) one-half shall be remitted to the State to be used | ||||||
9 | for enforcing this
Act.
| ||||||
10 | Any violation of subsection (a) or (a-5) of Section 1 or | ||||||
11 | subsection (b) or (c) of Section 1.5 shall be reported to the | ||||||
12 | Department of Revenue within 7 business days. | ||||||
13 | (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16; | ||||||
14 | 99-192, eff. 1-1-16; 99-496, eff. 6-1-16.)
| ||||||
15 | (720 ILCS 675/1.5 rep.) | ||||||
16 | Section 30. The Prevention of Tobacco Use by
Minors and | ||||||
17 | Sale and Distribution of Tobacco Products Act is amended by | ||||||
18 | repealing Section 1.5.
| ||||||
19 | Section 35. The Display of
Tobacco Products Act is amended | ||||||
20 | by changing Sections 5, 10, and 15 as follows:
| ||||||
21 | (720 ILCS 677/5) | ||||||
22 | Sec. 5. Definitions. In this Act:
| ||||||
23 | "Electronic cigarette" "Alternative nicotine product" has |
| |||||||
| |||||||
1 | the meaning ascribed to it in Section 1 1.5 of the Prevention | ||||||
2 | of Tobacco Use by Persons under 21 Years of Age Minors and Sale | ||||||
3 | and Distribution of Tobacco Products Act. | ||||||
4 | "Line of sight" means visible to a cashier or other | ||||||
5 | employee.
| ||||||
6 | "Age restricted area" means a signed designated area in a | ||||||
7 | retail establishment to which persons minors under 21 18 years | ||||||
8 | of age are not permitted access unless accompanied by a parent | ||||||
9 | or legal guardian.
| ||||||
10 | (Source: P.A. 98-983, eff. 1-1-15 .)
| ||||||
11 | (720 ILCS 677/10) | ||||||
12 | Sec. 10. Tobacco product displays. All single packs of | ||||||
13 | cigarettes and electronic cigarettes alternative nicotine | ||||||
14 | products must be sold from behind the counter or in an age | ||||||
15 | restricted area or in a sealed display case. Any other tobacco | ||||||
16 | products must be sold in line of sight.
| ||||||
17 | The restrictions described in this Section do not apply to | ||||||
18 | a
retail tobacco store that (i) derives at least 90% of its | ||||||
19 | revenue from tobacco
and tobacco related products; (ii) does | ||||||
20 | not permit persons under the age of 21 18
to enter the premises | ||||||
21 | unless accompanied by a parent or legal guardian; and (iii) | ||||||
22 | posts a sign on the main entrance way stating
that persons | ||||||
23 | under the age of 21 18 are prohibited from entering unless | ||||||
24 | accompanied by a parent or legal guardian.
| ||||||
25 | (Source: P.A. 98-983, eff. 1-1-15 .)
|
| |||||||
| |||||||
1 | (720 ILCS 677/15)
| ||||||
2 | Sec. 15. Vending machines. This Act does not prohibit the | ||||||
3 | sale
of tobacco products from vending machines if the location | ||||||
4 | of the
vending machines are in compliance with the provisions | ||||||
5 | of Section 1 of
the Prevention of Tobacco Use by Persons under | ||||||
6 | 21 Years of Age Minors and Sale and Distribution of Tobacco | ||||||
7 | Products
Act.
| ||||||
8 | (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; | ||||||
9 | 96-1000, eff. 7-2-10.)
| ||||||
10 | Section 40. The Smokeless Tobacco Limitation Act is amended | ||||||
11 | by changing the title of the Act and Sections 3 and 4 as | ||||||
12 | follows:
| ||||||
13 | (720 ILCS 680/Act title)
| ||||||
14 | An Act to prohibit the sale or distribution of smokeless | ||||||
15 | tobacco products
to persons under 21 18 years of age.
| ||||||
16 | (720 ILCS 680/3) (from Ch. 23, par. 2358-23)
| ||||||
17 | Sec. 3.
No person shall sell any smokeless tobacco product | ||||||
18 | to any
person under the age of 21 18 . Any person who violates | ||||||
19 | this Section shall be
guilty of a business offense punishable | ||||||
20 | by a fine of not more than $50 for
each violation.
| ||||||
21 | (Source: P.A. 85-465.)
|
| |||||||
| |||||||
1 | (720 ILCS 680/4) (from Ch. 23, par. 2358-24)
| ||||||
2 | Sec. 4.
No person shall distribute or cause to be | ||||||
3 | distributed to any
person under the age of 21 18 , without | ||||||
4 | charge or at a nominal cost, any
smokeless tobacco product. Any | ||||||
5 | person who violates this Section shall be
guilty of a business | ||||||
6 | offense punishable for a first offense by a fine of
$200, for a | ||||||
7 | second offense in a 12-month period by a fine of $400, and for | ||||||
8 | the
third or any subsequent offense in a 12-month period by a | ||||||
9 | fine of $600.
One-half of each fine collected under this | ||||||
10 | Section shall be distributed to the
unit of local government or | ||||||
11 | other entity that successfully prosecuted the
offender and | ||||||
12 | one-half shall be remitted to the State to be used for the
| ||||||
13 | enforcement of this Act.
| ||||||
14 | (Source: P.A. 88-418.)
| ||||||
15 | Section 45. The Tobacco Accessories and Smoking Herbs | ||||||
16 | Control Act is amended by changing Section 4 as follows:
| ||||||
17 | (720 ILCS 685/4) (from Ch. 23, par. 2358-4)
| ||||||
18 | Sec. 4. Offenses.
| ||||||
19 | (a) Sale to minors. No person shall knowingly sell,
barter, | ||||||
20 | exchange, deliver or give away or cause or permit or procure to
| ||||||
21 | be sold, bartered, exchanged, delivered, or given away tobacco | ||||||
22 | accessories
or smoking herbs to any person under 21 18 years of | ||||||
23 | age.
| ||||||
24 | (a-5) Sale of bidi cigarettes. No person shall knowingly |
| |||||||
| |||||||
1 | sell, barter,
exchange, deliver, or give away a bidi cigarette | ||||||
2 | to another
person, nor shall a person cause or permit or | ||||||
3 | procure a bidi cigarette to be
sold, bartered, exchanged, | ||||||
4 | delivered, or given away to
another person.
| ||||||
5 | (b) Sale of cigarette paper. No person shall knowingly | ||||||
6 | offer, sell,
barter, exchange, deliver or give away cigarette | ||||||
7 | paper or cause, permit, or
procure cigarette paper to be sold, | ||||||
8 | offered, bartered, exchanged,
delivered, or given away except | ||||||
9 | from premises or an establishment where other
tobacco
products | ||||||
10 | are sold. For purposes of this Section, "tobacco products" | ||||||
11 | means
cigarettes, cigars, smokeless tobacco, or tobacco in any | ||||||
12 | of its forms.
| ||||||
13 | (b-5) Sale of flavored wrapping paper and wrapping leaf. A | ||||||
14 | person shall not knowingly sell, give away, barter, exchange, | ||||||
15 | or otherwise furnish to any person any wrapping paper or | ||||||
16 | wrapping leaf, however characterized, including, without | ||||||
17 | limitation, cigarette papers, blunt wraps, cigar wraps, or | ||||||
18 | tubes of paper or leaf, or any similar device, for the purpose | ||||||
19 | of making a roll of tobacco or herbs for smoking, that is or is | ||||||
20 | held out to be, impregnated, scented, or imbibed with, or aged | ||||||
21 | or dipped in, a characterizing flavor, other than tobacco or | ||||||
22 | menthol, including, without limitation, alcoholic or liquor | ||||||
23 | flavor, or both, chocolate, fruit flavoring, vanilla, peanut | ||||||
24 | butter, jelly, or any combination of those flavors or similar | ||||||
25 | child attractive scent or flavor. | ||||||
26 | (c) Sale of cigarette paper from vending machines. No |
| |||||||
| |||||||
1 | person shall
knowingly offer, sell, barter, exchange, deliver | ||||||
2 | or give away cigarette
paper or cause, permit, or procure | ||||||
3 | cigarette paper to be sold, offered,
bartered, exchanged, | ||||||
4 | delivered, or
given away by use of a vending or coin-operated | ||||||
5 | machine or device. For
purposes of this Section, "cigarette | ||||||
6 | paper" shall not
include any paper that is incorporated into a | ||||||
7 | product to which a tax stamp
must be affixed under the | ||||||
8 | Cigarette Tax Act or the Cigarette Use Tax Act.
| ||||||
9 | (d) Use of identification cards. No person in the | ||||||
10 | furtherance or
facilitation of obtaining smoking accessories | ||||||
11 | and smoking herbs shall
display or use a false or forged | ||||||
12 | identification card or transfer, alter, or
deface an | ||||||
13 | identification card.
| ||||||
14 | (e) Warning to minors. Any person, firm, partnership, | ||||||
15 | company or
corporation operating a place of business where | ||||||
16 | tobacco accessories and
smoking herbs are sold or offered for | ||||||
17 | sale shall post in a conspicuous
place upon the premises a sign | ||||||
18 | upon which there shall be imprinted the
following statement, | ||||||
19 | "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO
PERSONS UNDER | ||||||
20 | EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO
| ||||||
21 | PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be | ||||||
22 | printed on
a white card in red letters at least one-half inch | ||||||
23 | in height.
| ||||||
24 | (Source: P.A. 97-917, eff. 8-9-12.)
| ||||||
25 | Section 95. No acceleration or delay. Where this Act makes |
| |||||||
| |||||||
1 | changes in a statute that is represented in this Act by text | ||||||
2 | that is not yet or no longer in effect (for example, a Section | ||||||
3 | represented by multiple versions), the use of that text does | ||||||
4 | not accelerate or delay the taking effect of (i) the changes | ||||||
5 | made by this Act or (ii) provisions derived from any other | ||||||
6 | Public Act.".
|