Article V, Part VI – Trial (705 ILCS 405/Article 5, Part 6)
D. Minors and Tobacco Use Initiative (705 ILCS 405/5-615 (11)):
If a minor is placed on supervision for a violation of subjection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, 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 as defined in that Act 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 of the Act. In addition to any other penalty that the court may impose for a violation of subsection (a-7) of Section 1 of the Act, 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.
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 the health consequences of smoking tobacco products that can be conducted with a locality’s youth diversion program.
In addition to any other penalty that the court may impose under this subsection (11):
- If a minor violates subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may impose a sentence of 15 hours of community service or a fine of $25 for a first violation.
- A second violation by a minor of subsection (a-7) of Section 1 of that Act that occurs within 12 months after the first violation is punishable by a fine of $50 and 25 hours of community service.
- A third or subsequent violation by a minor of subsection (a-7) of Section 1 of that Act that occurs within 12 months after the first violation is punishable by a $100 fine and 30 hours of community service.
- Any second or subsequent violation not within the 12 month time period after the first violation is punishable as provided for a first violation.
The court will make and note in the minutes of the proceeding a finding of whether or not the minor is guilty.
F. Absence of minor (705 ILCS 405/5-625):
If a minor fails to appear for trial at the request of the State after he or she has been arrested and has made an initial court appearance for a felony offense, the court may begin the trial in the absence of the minor.
