PRINTER'S NO. 1467
No. 1277 Session of 1999
INTRODUCED BY McGILL, FLEAGLE, CORRIGAN, MARKOSEK, RUBLEY,
WILLIAMS, CAWLEY, FLICK, MICHLOVIC, MELIO, L. I. COHEN,
SAYLOR, PLATTS, DALLY, E. Z. TAYLOR, SERAFINI, J. TAYLOR,
YOUNGBLOOD, MAHER, GRUCELA AND GLADECK, APRIL 14, 1999
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 14, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the possession of tobacco
3 by certain minors; and further providing for restriction on
4 operating privileges.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 6305.1. Possession and use of tobacco by certain minors.
10 (a) Offense defined.--A person commits a summary offense if
11 he, being less than 18 years of age, possesses or uses tobacco
12 as defined in section 6306.1 (relating to use of tobacco in
13 schools prohibited).
14 (b) Penalty.--A person convicted of violating subsection (a)
15 may be sentenced to pay a fine of $50 for the first violation
16 and not more than $200 for the second and each subsequent
17 violation.
18 (c) Preadjudication disposition.--
1 (1) When a person is charged with violating subsection
2 (a), a district justice may admit the offender to the
3 adjudication alternative as authorized in 42 Pa.C.S. § 1520
4 (relating to adjudication alternative program) or any other
5 preadjudication disposition if the offender has not
6 previously received a preadjudication disposition for
7 violating subsection (a).
8 (2) The use of a preadjudication disposition shall be
9 considered a first or subsequent offense, whichever is
10 applicable for the purpose of further adjudication under this
11 section.
12 (d) Nature of offense.--A summary offense under this section
13 shall not be a criminal offense of record and shall not be
14 reportable as a criminal act.
15 (e) Notification.--The police department making an arrest
16 for a suspected violation of subsection (a) shall so notify the
17 parents or guardian of the person charged.
18 Section 2. Section 6310.4(a) of Title 18 is amended to read:
19 § 6310.4. Restriction of operating privileges.
20 (a) General rule.--Whenever a person is convicted or is
21 adjudicated delinquent or is admitted to any preadjudication
22 program for a violation of section 6305.1 (relating to
23 possession and use of tobacco by certain minors), 6307 (relating
24 to misrepresentation of age to secure liquor or malt or brewed
25 beverages), 6308 (relating to purchase, consumption, possession
26 or transportation of liquor or malt or brewed beverages) or
27 6310.3 (relating to carrying a false identification card), the
28 court, including a court not of record if it is exercising
29 jurisdiction pursuant to 42 Pa.C.S. § 1515(a) (relating to
30 jurisdiction and venue), shall order the operating privilege of
19990H1277B1467 - 2 -
1 the person suspended. A copy of the order shall be transmitted
2 to the Department of Transportation.
3 * * *
4 Section 3. This act shall take effect in 60 days.
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