Bill Text: IL HB2250 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Prohibits a person under 18 years of age from buying, possessing, being sold, bought for, distributed samples of, or furnished an electronic cigarette. Establishes an exception for a sting operation approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if electronic cigarettes are being sold or given to persons under 18 years of age. Defines "electronic cigarette". Includes "electronic cigarette" in the definition of tobacco product.
Spectrum: Moderate Partisan Bill (Democrat 25-5)
Status: (Failed) 2014-12-03 - Session Sine Die [HB2250 Detail]
Download: Illinois-2013-HB2250-Engrossed.html
Bill Title: Amends the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act. Prohibits a person under 18 years of age from buying, possessing, being sold, bought for, distributed samples of, or furnished an electronic cigarette. Establishes an exception for a sting operation approved by the Department of State Police, the county sheriff, a municipal police department, the Department of Public Health, or a local health department against a retail seller of tobacco products or a person employed by the retail seller of tobacco products or on any premises authorized to sell tobacco products to determine if electronic cigarettes are being sold or given to persons under 18 years of age. Defines "electronic cigarette". Includes "electronic cigarette" in the definition of tobacco product.
Spectrum: Moderate Partisan Bill (Democrat 25-5)
Status: (Failed) 2014-12-03 - Session Sine Die [HB2250 Detail]
Download: Illinois-2013-HB2250-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Prevention of Tobacco Use by
Minors and Sale | ||||||
5 | and Distribution of Tobacco Products Act is amended by changing | ||||||
6 | Sections 1 and 2 and adding Section 1.5 as follows:
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7 | (720 ILCS 675/1) (from Ch. 23, par. 2357)
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8 | Sec. 1. Prohibition on sale to and possession of tobacco by | ||||||
9 | minors; prohibition on the distribution of tobacco samples to | ||||||
10 | any person; use of identification cards; vending machines; | ||||||
11 | lunch
wagons; out-of-package sales.
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12 | (a) No minor under 18 years of age shall buy any tobacco | ||||||
13 | product. No person shall sell, buy
for, distribute samples of | ||||||
14 | or furnish any tobacco product to any minor under 18 years of | ||||||
15 | age. | ||||||
16 | (a-5) No minor under 16 years of
age may sell any tobacco | ||||||
17 | product at a retail
establishment selling tobacco products. | ||||||
18 | This subsection does not apply
to a sales clerk in a | ||||||
19 | family-owned business which can prove that the sales
clerk
is | ||||||
20 | in fact a son or daughter of the owner.
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21 | (a-6) No minor under 18 years of age in the furtherance or | ||||||
22 | facilitation of obtaining any tobacco product shall display or | ||||||
23 | use a false or forged identification card or transfer, alter, |
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1 | or deface an identification card.
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2 | (a-7) No minor under 18 years of age shall possess any | ||||||
3 | cigar, cigarette, electronic cigarette,
smokeless tobacco, or | ||||||
4 | tobacco in any of its forms. | ||||||
5 | (a-8) A person shall not distribute without charge samples | ||||||
6 | of any tobacco product to any other person, regardless of age: | ||||||
7 | (1) within a retail establishment selling tobacco | ||||||
8 | products, unless the retailer has verified the purchaser's | ||||||
9 | age with a government issued identification; | ||||||
10 | (2) from a lunch wagon; or | ||||||
11 | (3) on a public way as a promotion or advertisement of | ||||||
12 | a tobacco manufacturer or tobacco product. | ||||||
13 | This subsection (a-8) does not apply to the distribution of | ||||||
14 | a tobacco product sample in any adult-only facility. | ||||||
15 | (a-9) For the purpose of this Act Section : | ||||||
16 | "Adult-only facility means a facility or restricted | ||||||
17 | area (whether open-air or enclosed) where the operator | ||||||
18 | ensures or has a reasonable basis to believe (such as by | ||||||
19 | checking identification as required under State law, or by | ||||||
20 | checking the identification of any person appearing to be | ||||||
21 | under the age of 27) that no person under legal age is | ||||||
22 | present. A facility or restricted area need not be | ||||||
23 | permanently restricted to persons under legal age to | ||||||
24 | constitute an adult-only facility, provided that the | ||||||
25 | operator ensures or has a reasonable basis to believe that | ||||||
26 | no person under legal age is present during the event or |
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1 | time period in question. | ||||||
2 | "Alternative nicotine product" means a product or | ||||||
3 | device not consisting of or containing tobacco that | ||||||
4 | provides for the ingestion into the body of nicotine, | ||||||
5 | whether by chewing, smoking, absorbing, dissolving, | ||||||
6 | inhaling, snorting, sniffing, or by any other means. | ||||||
7 | "Alternative nicotine product" excludes cigarettes, | ||||||
8 | smokeless tobacco, or other tobacco products as these terms | ||||||
9 | are defined in this Section and any product approved by the | ||||||
10 | United States Food and Drug Administration as a non-tobacco | ||||||
11 | product for sale as a tobacco cessation product, as a | ||||||
12 | tobacco dependence product, or for other medical purposes, | ||||||
13 | and is being marketed and sold solely for that approved | ||||||
14 | purpose. | ||||||
15 | "Electronic cigarette" or "e-cigarette" means a | ||||||
16 | battery-operated
device that contains cartridges filled | ||||||
17 | with a combination of nicotine,
flavor, and chemicals that | ||||||
18 | are turned into vapor which is inhaled by the
user. | ||||||
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.
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24 | "Tobacco product" means any cigar, cigarette, | ||||||
25 | electronic cigarette, smokeless tobacco, or tobacco in any | ||||||
26 | of its
forms. |
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1 | (b) Tobacco products listed in this Section may be sold | ||||||
2 | through a vending machine
only if such tobacco products are not | ||||||
3 | placed together with any non-tobacco product, other than | ||||||
4 | matches, in the vending machine and the vending machine is in
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5 | any of the following locations:
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6 | (1) (Blank).
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7 | (2) Places to which minors under 18 years of age are | ||||||
8 | not permitted access.
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9 | (3) Places where alcoholic beverages are sold and | ||||||
10 | consumed on the
premises and vending machine operation is | ||||||
11 | under the direct supervision of the owner or manager.
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12 | (4) (Blank).
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13 | (5) Places where the vending machine can only be | ||||||
14 | operated by the owner or
an employee over age 18 either | ||||||
15 | directly or through a remote control device if
the device | ||||||
16 | is inaccessible to all customers.
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17 | (c) (Blank).
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18 | (d) The sale or distribution by any person of a tobacco | ||||||
19 | product in this Section, including but not limited to a single | ||||||
20 | or loose cigarette, that is not contained within a sealed | ||||||
21 | container, pack, or package as provided by the manufacturer, | ||||||
22 | which container, pack, or package bears the health warning | ||||||
23 | required by federal law, is prohibited.
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24 | (e) It is not a violation of this Act for a person under 18 | ||||||
25 | years of age to purchase or possess a cigar, cigarette, | ||||||
26 | electronic cigarette, alternative nicotine product, smokeless |
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1 | tobacco or tobacco in any of its forms if the person under the | ||||||
2 | age of 18 purchases or is given the cigar, cigarette, | ||||||
3 | electronic cigarette, alternative nicotine product, smokeless | ||||||
4 | tobacco or tobacco in any of its forms from a retail seller of | ||||||
5 | tobacco products or an employee of the retail seller pursuant | ||||||
6 | to a plan or action to investigate, patrol, or otherwise | ||||||
7 | conduct a "sting operation" or enforcement action against a | ||||||
8 | retail seller of tobacco products or a person employed by the | ||||||
9 | retail seller of tobacco products or on any premises authorized | ||||||
10 | to sell tobacco products to determine if tobacco products are | ||||||
11 | being sold or given to persons under 18 years of age if the | ||||||
12 | "sting operation" or enforcement action is approved by the | ||||||
13 | Department of State Police, the county sheriff, a municipal | ||||||
14 | police department, the Department of Public Health, or a local | ||||||
15 | health department. | ||||||
16 | (Source: P.A. 95-905, eff. 1-1-09; 96-179, eff. 8-10-09; | ||||||
17 | 96-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)".
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18 | (720 ILCS 675/1.5 new) | ||||||
19 | Sec. 1.5. Distribution of alternative nicotine products to | ||||||
20 | persons under 18 years of age prohibited. | ||||||
21 | (a) A person, either directly or indirectly by an agent or | ||||||
22 | employee, or by a vending machine
owned by the person or | ||||||
23 | located in the person's establishment, may not sell, offer for | ||||||
24 | sale, give,
or furnish any alternative nicotine product, or any | ||||||
25 | cartridge or component of an alternative nicotine product, to a |
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1 | person under 18 years of age. | ||||||
2 | (b) Before selling, offering for sale, giving, or | ||||||
3 | furnishing an alternative nicotine product, or any cartridge
or | ||||||
4 | component of an alternative nicotine product, to another | ||||||
5 | person, the person selling, offering for sale, giving, or | ||||||
6 | furnishing the alternative nicotine product shall verify that | ||||||
7 | the
person is at least 18 years of age by: | ||||||
8 | (1) examining from any person that appears to
be under | ||||||
9 | 27 years of age a government-issued photographic | ||||||
10 | identification that establishes
the person is at least 18 | ||||||
11 | years of age or | ||||||
12 | (2) for sales made through the Internet or other
remote | ||||||
13 | sales methods, performing an age verification through an | ||||||
14 | independent, third-party
age verification service that | ||||||
15 | compares information available from public records to the
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16 | personal information entered by the person during the | ||||||
17 | ordering process that establishes
the person is 18 years of | ||||||
18 | age or older.
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19 | (720 ILCS 675/2) (from Ch. 23, par. 2358)
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20 | Sec. 2. Penalties. | ||||||
21 | (a) Any person who violates subsection (a), (a-5), or (a-6) | ||||||
22 | of Section 1
or Section 1.5 of this Act is guilty of a
petty | ||||||
23 | offense and
for the first offense
shall be fined $200, $400 for | ||||||
24 | the
second offense in a 12-month period, and
$600 for the third | ||||||
25 | or any
subsequent
offense in a 12-month period.
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1 | (b) If a minor violates subsection (a-7) of Section 1 he or | ||||||
2 | she is guilty of a petty offense and the court may
impose a | ||||||
3 | sentence of 15 hours of
community
service or a fine of $25 for | ||||||
4 | a first violation.
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5 | (c) A second violation by a minor of subsection (a-7) of | ||||||
6 | Section 1 that occurs
within 12 months after the first | ||||||
7 | violation is punishable by a fine of $50 and
25
hours of | ||||||
8 | community service.
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9 | (d) A third or subsequent violation by a minor of | ||||||
10 | subsection (a-7) of Section
1
that
occurs within 12 months | ||||||
11 | after the first violation is punishable by a $100
fine
and 30 | ||||||
12 | hours of community service.
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13 | (e) Any second or subsequent violation not within the | ||||||
14 | 12-month time period
after
the first violation is punishable as | ||||||
15 | provided for a first violation.
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16 | (f) If a minor is convicted of or placed on supervision for | ||||||
17 | a violation of
subsection (a-7) of Section 1, the court may, in | ||||||
18 | its discretion, and upon
recommendation by the State's | ||||||
19 | Attorney, order that minor and his or her parents
or legal
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20 | guardian to attend a smoker's education or youth diversion | ||||||
21 | program if that
program is available in the jurisdiction where | ||||||
22 | the offender resides.
Attendance at a smoker's education or | ||||||
23 | youth diversion program
shall be time-credited against any | ||||||
24 | community service time imposed for any
first violation of | ||||||
25 | subsection (a-7) of Section 1. In addition to any other
penalty
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26 | that the court may impose for a violation of subsection (a-7) |
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1 | of Section 1, the
court, upon request by the State's Attorney, | ||||||
2 | may in its discretion
require
the offender to remit a fee for | ||||||
3 | his or her attendance at a smoker's
education or
youth | ||||||
4 | diversion program.
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5 | (g) For purposes of this Section, "smoker's education
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6 | program"
or
"youth diversion program" includes, but is not | ||||||
7 | limited to, a seminar designed
to educate a person on the | ||||||
8 | physical and psychological effects of smoking
tobacco products | ||||||
9 | and the health consequences of smoking tobacco products
that | ||||||
10 | can be conducted with a locality's youth diversion program.
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11 | (h) All moneys collected as fines for violations of | ||||||
12 | subsection (a), (a-5), (a-6), or (a-7) of
Section 1
shall be | ||||||
13 | distributed in the following manner:
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14 | (1) one-half of each fine shall be distributed to the | ||||||
15 | unit of local
government or other entity that successfully | ||||||
16 | prosecuted the offender;
and
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17 | (2) one-half shall be remitted to the State to be used | ||||||
18 | for enforcing this
Act.
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19 | (Source: P.A. 96-179, eff. 8-10-09.)
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