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Illinois employers can now relax — they will not face criminal charges if an employee or customer smokes on the premises.

 

Governor Pat Quinn signed Public Act 95-1029 into law. The bill amends the Smoke-Free Illinois act by specifying that violators will face civil – not criminal –charges. While the penalties will still include fines, they will not include jail time.

 

The Smoke-free Illinois Act requires that every employer post signs prohibiting smoking within 15 feet of any doors. It also prohibits smoking in all workplaces, including bars, restaurants, schools, theaters and casinos.

 

The Illinois non-smoking law defines smoking as carrying a lit cigarette, pipe, cigar or any other smoking material or implement. In addition, smoking, burning, inhaling and exhaling are also defined as smoking. The law specifically prohibits herbs and weeds as well as tobacco.

 

Smoking is prohibited 15 feet from any windows that open or ventilation intakes that serve an indoor workplace under the new law. 

 

The current law replaced a less-restrictive Illinois smoking ban that allowed smoking in casinos and some bars.

 

In past years, the sight of smokers huddled near the entrance to buildings in winter, puffing away in arctic temperatures was commonplace across Illinois. While this tactic made smoking a chilly proposition, tobacco addicts at least had some protection from the icy winds, and an occasional waft of heat from an open door.

 

Governor Quinn, of course, replaced ousted Illinois Governor Rod Blagojevich, the current poster boy for (alleged) political corruption.

 

The Chicago Tribune reports that without guidance on this matter, some local law enforcement authorities were treating violations as criminal matters. However, in October 2008, a judge ruled that without regulations, county courts could not enforce the law. As a result, some counties in rural downstate Illinois stopped enforcing the law.

 

The amendment to the law was signed into effect on February 4, 2009. It states that infractions of the Illinois non-smoking law will be issued civil citations listing the amount of the fine posted rather than being charged with a criminal offense.

 

The law also gives the Illinois Department of Health the authority to conduct hearings and sets up procedures to collect fines.

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