PRINTER'S NO. 1848
No. 1524 Session of 2001
INTRODUCED BY DALLY, KELLER, GEIST, WATSON, YOUNGBLOOD,
CAPPABIANCA, GORDNER, DALEY, RUBLEY, MAITLAND, WILT, SURRA,
CORRIGAN, CLARK, YUDICHAK, CAWLEY, JAMES, McILHATTAN,
E. Z. TAYLOR, SOLOBAY, ROSS, LEWIS, S. MILLER, MANN,
C. WILLIAMS, MACKERETH, THOMAS, R. MILLER, CREIGHTON, CRUZ,
STERN, L. I. COHEN, GRUCELA, STEIL, DIVEN, KIRKLAND, MELIO,
BROWNE AND STEELMAN, MAY 3, 2001
REFERRED TO COMMITTEE ON JUDICIARY, MAY 3, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of purchase
3 or consumption of cigarettes by minors.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6306.2. Purchase, consumption, possession or transportation
9 of tobacco.
10 (a) Offense defined.--A person commits a summary offense if
11 the person, being under 18 years of age, attempts to purchase,
12 purchases, consumes, possesses or knowingly and intentionally
13 transports tobacco in any form.
14 (b) Preadjudication disposition.--
15 (1) When a person is charged with violating subsection
16 (a), the district justice may admit the offender to the
1 adjudication alternative as authorized in 42 Pa.C.S. § 1520
2 (relating to adjudication alternative program) or any other
3 preadjudication disposition if the offender has not
4 previously received a preadjudication disposition for
5 violating subsection (a).
6 (2) The use of a preadjudication disposition shall be
7 considered a first or subsequent offense, whichever is
8 applicable for the purpose of further adjudication under this
9 section.
10 (c) Notification.--The police department making the arrest
11 for a suspected violation of subsection (a) shall notify the
12 parents or guardian of the person charged.
13 (d) Nature of offense.--A summary offense under this section
14 shall not be a criminal offense of record, shall not be
15 reportable as a criminal act and shall not be placed on the
16 criminal record of the offending person if any such record
17 exists.
18 Section 2. This act shall take effect in 60 days.
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