PRINTER'S NO. 1764
No. 1472 Session of 1997
INTRODUCED BY SURRA, VEON, BENNINGHOFF, THOMAS, GORDNER, WAUGH,
READSHAW, PISTELLA, DeLUCA, M. COHEN, PRESTON, CARONE,
SAYLOR, MELIO, BATTISTO, TRICH, SEYFERT, CORPORA, VAN HORNE
AND PLATTS, MAY 7, 1997
REFERRED TO COMMITTEE ON JUDICIARY, MAY 7, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting the possession of tobacco.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 18 of the Pennsylvania Consolidated
6 Statutes is amended by adding a section to read:
7 § 6305.1. Possession and use of tobacco.
8 (a) Offense defined.--A person commits a summary offense if
9 he, being less than 18 years of age, possesses or uses tobacco
10 as defined in section 6306.1 (relating to use of tobacco in
11 schools prohibited).
12 (b) Penalty.--A person convicted of violating subsection (a)
13 may be sentenced to pay a fine of $50 for the first violation
14 and not more than $200 for the second and each subsequent
15 violation.
16 (c) Preadjudication disposition.--
17 (1) When a person is charged with violating subsection
1 (a), a district justice may admit the offender to the
2 adjudication alternative as authorized in 42 Pa.C.S. § 1520
3 (relating to adjudication alternative program) or any other
4 preadjudication disposition if the offender has not
5 previously received a preadjudication disposition for
6 violating subsection (a).
7 (2) The use of a preadjudication disposition shall be
8 considered a first or subsequent offense, whichever is
9 applicable for the purpose of further adjudication under this
10 section.
11 (d) Nature of offense.--A summary offense under this section
12 shall not be a criminal offense of record and shall not be
13 reportable as a criminal act.
14 (e) Notification.--The police department making an arrest
15 for a suspected violation of subsection (a) shall so notify the
16 parents or guardian of the minor charged.
17 Section 2. This act shall take effect in 60 days.
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