Public Act 099-0496
 
SB0032 EnrolledLRB099 02713 RLC 22720 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
    Section 5. The Prevention of Tobacco Use by
 Minors  and Sale 
and Distribution of Tobacco Products Act is amended  by changing 
Sections 1.5 and 2 as follows:
 
    (720 ILCS 675/1.5)
    Sec. 1.5. Distribution of alternative nicotine products to 
persons under 18 years of age prohibited.
    (a)  For the purposes of this Section, "alternative nicotine 
product" means a product or device not consisting of or 
containing tobacco that provides for the ingestion into the 
body of nicotine, whether by chewing, smoking, absorbing, 
dissolving, inhaling, snorting, sniffing, or by any other 
means.  "Alternative nicotine product" excludes cigarettes, 
smokeless tobacco, or other tobacco products as these terms are 
defined in Section 1 of this Act and any product approved by 
the United States Food and Drug Administration as a non-tobacco 
product for sale as a tobacco cessation product, as a tobacco 
dependence product, or for other medical purposes, and is being 
marketed and sold solely for that approved purpose.
    (b) A person, either directly or indirectly by an agent or 
employee, or by a vending machine
owned by the person or 
located in the person's establishment, may not sell, offer for 
sale, give,
or furnish any alternative nicotine product, or any 
cartridge or component of an alternative nicotine product, to a 
person under 18 years of age.
    (c) Before selling, offering for sale, giving, or 
furnishing an alternative nicotine product, or any cartridge
or 
component of an alternative nicotine product, to another 
person, the person selling, offering for sale, giving, or 
furnishing the alternative nicotine product shall verify that 
the
person is at least 18 years of age by:
        (1) examining from any person that appears to
be under 
    27 years of age a government-issued photographic 
    identification that establishes
the person is at least 18 
    years of age or
        (2) for sales made though the Internet or other
remote 
    sales methods, performing an age verification through an 
    independent, third-party
age verification service that 
    compares information available from public records to the

    personal information entered by the person during the 
    ordering process that establishes
the person is 18 years of 
    age or older.

    (d)  A person under 18 years of age shall not possess an 
alternative nicotine product. 
(Source: P.A. 98-350, eff. 1-1-14.)
 
    (720 ILCS 675/2)  (from Ch. 23, par. 2358)

    (Text of Section after amendment by P.A. 98-1055)
    Sec. 2. Penalties. 
    (a) Any person who violates subsection (a) or (a-5) of 
Section 1 or subsection (b) or (c) of Section 1.5 of this Act 
is guilty of a petty offense. For the first offense in a 
24-month period, the person shall be fined $200 if his or her 
employer has a training program that facilitates compliance 
with minimum-age tobacco laws. For the second offense in a 
24-month period, the person shall be fined $400 if his or her 
employer has a training program that facilitates compliance 
with minimum-age tobacco laws. For the third offense in a 
24-month period, the person shall be fined $600 if his or her 
employer has a training program that facilitates compliance 
with minimum-age tobacco laws. For the fourth or subsequent 
offense in a 24-month period, the person shall be fined $800 if 
his or her employer has a training program that facilitates 
compliance with minimum-age tobacco laws. For the purposes of 
this subsection, the 24-month period shall begin with the 
person's first violation of the Act. The penalties in this 
subsection are in addition to any other penalties prescribed 
under the Cigarette Tax Act and the Tobacco Products Tax Act of 
1995.
    (a-5) Any retailer person who violates subsection (a) or 
(a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of 
this Act is guilty of a petty offense. For the first offense, 
the retailer shall be fined $200 if it does not have a training 
program that facilitates compliance with minimum-age tobacco 
laws. For the second offense, the retailer shall be fined $400 
if it does not have a training program that facilitates 
compliance with minimum-age tobacco laws. For the third 
offense, the retailer shall be fined $600 if it does not have a 
training program that facilitates compliance with minimum-age 
tobacco laws. For the fourth or subsequent offense in a 
24-month period, the retailer shall be fined $800 if it does 
not have a training program that facilitates compliance with 
minimum-age tobacco laws. For the purposes of this subsection, 
the 24-month period shall begin with the person's  first 
violation of the Act. The penalties in this subsection are in 
addition to any other penalties prescribed under the Cigarette 
Tax Act and the Tobacco Products Tax Act of 1995.
    (a-6) For the purpose of this Act,  a training program that 
facilitates compliance with minimum-age tobacco laws must 
include at least the following elements: (i) it must explain 
that only individuals displaying valid identification 
demonstrating that they are 18 years of age or older shall be 
eligible to purchase cigarettes or tobacco products; (ii) it 
must explain where a clerk can check identification for a date 
of birth; and (iii) it must explain the penalties that a clerk 
and retailer are subject to for violations of the Prevention of 
Tobacco Use by Minors and Sale and Distribution of Tobacco 
Products Act.

    (b) If a minor violates subsection (a-7) of Section 1 or 
subsection (d) of Section 1.5 he or she is guilty of a petty 
offense and the court may
impose a sentence of 25 hours of

community
service and a fine of $50 for a first violation. If a 
minor violates subsection (a-6) of Section 1, he or she is 
guilty of a Class A misdemeanor. 

    (c) A second violation by a minor of subsection (a-7) of 
Section 1 or subsection (d) of Section 1.5 that occurs
within 
12 months after the first violation is punishable by a fine of 
$75 and 50

hours of community service.

    (d) A third or subsequent violation by a minor of 
subsection (a-7) of Section
1
or subsection (d) of Section 1.5 
that
occurs within 12 months after the first violation is 
punishable by a $200
fine
and 50 hours of community service.

    (e) Any second or subsequent violation not within the 
12-month time period
after
the first violation is punishable as 
provided for a first violation.

    (f) If a minor is convicted of or placed on supervision for 
a violation of
subsection (a-6) or (a-7) of Section 1 or 
subsection (d) of Section 1.5, the court may, in its 
discretion, and upon
recommendation by the State's Attorney, 
order that minor and his or her parents
or legal
guardian to 
attend a smoker's education or youth diversion program if that

program is available in the jurisdiction where the offender 
resides.
Attendance at a smoker's education or youth diversion 
program
shall be time-credited against any community service 
time imposed for any
first violation of subsection (a-7) of 
Section 1.  In addition to any other
penalty
that the court may 
impose for a violation of subsection (a-7) of Section 1 or 
subsection (d) of Section 1.5, the
court, upon request by the 
State's Attorney, may in its discretion
require
the offender to 
remit a fee for his or her attendance at a smoker's
education 
or
youth diversion program.

    (g) For purposes of this Section, "smoker's education

program"
or
"youth diversion program" includes, but is not 
limited to, a seminar designed
to educate a person on the 
physical and psychological effects of smoking
tobacco products 
and alternative nicotine products and the health consequences 
of smoking tobacco products
and alternative nicotine products 
that can be conducted with a locality's youth diversion 
program.

    (h) All moneys collected as fines for violations of 
subsection (a), (a-5), (a-6), or (a-7) of
Section 1
and 
subsection (b), (c), or (d) of Section 1.5 shall be distributed 
in the following manner:

        (1) one-half of each fine shall be distributed to the 
    unit of local
government or other entity that successfully 
    prosecuted the offender;
and

        (2) one-half shall be remitted to the State to be used 
    for enforcing this
Act.



    Any violation of subsection (a) or (a-5) of Section 1 or 
subsection (b) or (c) of Section 1.5 shall be reported to the 
Department of Revenue within 7 business days. 
(Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16.)