96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB0056


 
Introduced 1/30/2009, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		








  



720 ILCS 675/2
  from Ch. 23, par. 2358







    Amends the Sale of Tobacco to Minors Act.  Provides that a person who sells a cigar, cigarette, smokeless tobacco, or tobacco in any of its forms to a minor under 18 years of age commits a
petty offense for which a fine of  $1,000 shall be imposed. Provides that if 3 violations  occur in a 12-month period at a   retail mercantile establishment, an order may be entered prohibiting  the sale, distribution, or furnishing of tobacco products to any person at that   retail mercantile establishment for a period of 20 days.  Provides that if 4 or more violations  occur in a 12-month period at a   retail mercantile establishment, an order may be entered prohibiting  the sale, distribution, or furnishing of tobacco products to any person at that   retail mercantile establishment for a period of 5 years. Provides that an action in case of such violations may be brought against the owner of the retail mercantile establishment by either the county in which the retail mercantile establishment is located or the  municipality in which the retail mercantile establishment is located.  Effective immediately.
















LRB096 03604 RLC 13631 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0056

LRB096 03604 RLC 13631 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Sale of Tobacco to Minors Act is amended  by 
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changing Section 2 as follows:
 



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    (720 ILCS 675/2)  (from Ch. 23, par. 2358)


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    Sec. 2. 
(a) Except as otherwise provided in this Section, 
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any Any person who violates any provision of this Act is guilty 
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of a
petty offense and for the first offense shall be fined 
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$200, $400 for the
second offense in a 12-month period, and 
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$600 for the third or any subsequent
offense in a 12-month 
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period.
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    (b) A person who sells a cigar, cigarette, smokeless 
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tobacco, or tobacco in any of its forms to a minor under 18 
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years of age commits a
petty offense for which a fine of  $1,000 
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shall be imposed. 
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    (c) If 3 violations  of subsection (b) occur in a 12-month 
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period at a   retail mercantile establishment, an order may be 
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entered prohibiting  the sale, distribution, or furnishing of 
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tobacco products to any person at that   retail mercantile 
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establishment for a period of 20 days.  If 4 or more violations  
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of subsection (b) occur in a 12-month period at a   retail 
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mercantile establishment, an order may be entered prohibiting  
 


 






SB0056
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LRB096 03604 RLC 13631 b




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the sale, distribution, or furnishing of tobacco products to 
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any person at that   retail mercantile establishment for a period 
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of 5 years. An action under this subsection (c) may be brought 
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against the owner of the retail mercantile establishment by 
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either the county in which the retail mercantile establishment 
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is located or the  municipality in which the retail mercantile 
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establishment is located. 
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    (d) One-half of each fine collected under this
Section 
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shall be distributed to the unit of local government or other 
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entity
that successfully prosecuted the offender and one-half 
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shall be remitted to the
State to be used for enforcing this 
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Act.

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    (e)  As used in this Section, "retail mercantile 
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establishment"  has the meaning ascribed to that term in Section 
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16A-2.9  of the Criminal Code of 1961.
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(Source: P.A. 88-418.)



 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.