PRINTER'S NO. 1222
No. 1076 Session of 1999
INTRODUCED BY SCHRODER, CAWLEY, CHADWICK, CLYMER, L. I. COHEN,
CORRIGAN, FLEAGLE, GODSHALL, GORDNER, GRUCELA, KIRKLAND,
MAITLAND, MELIO, S. MILLER, PESCI, PLATTS, ROSS, RUBLEY,
SAYLOR, SERAFINI, SEYFERT, STEELMAN, STEIL, SURRA,
E. Z. TAYLOR, TRICH AND YOUNGBLOOD, MARCH 24, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 24, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of the purchase,
3 consumption, possession or transportation of tobacco.
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 § 6308.1. Purchase, consumption, possession or transportation
9 of tobacco.
10 (a) Offense defined.--A person commits a summary offense if
11 he, being less than 18 years of age, attempts to purchase,
12 purchases, consumes, possesses or knowingly and intentionally
13 transports any tobacco product, as defined in section 6310.6
14 (relating to definitions).
15 (b) Penalty.--In addition to the penalty imposed under
16 section 6310.4 (relating to restriction of operating
17 privileges), a person convicted of violating subsection (a)
1 shall be sentenced to pay a fine of not less than $50 for a
2 first violation and a fine of not less than $200 for a second
3 and each subsequent violation.
4 (c) Preadjudication disposition.--
5 (1) When a person is charged with violating subsection
6 (a), the district justice may admit the offender to the
7 adjudication alternative program as authorized in 42 Pa.C.S.
8 § 1520 (relating to adjudication alternative program) or any
9 other preadjudication disposition if the offender has not
10 previously received a preadjudication disposition for
11 violating subsection (a).
12 (2) The use of a preadjudication disposition shall be
13 considered a first or subsequent offense, whichever is
14 applicable, for the purpose of further adjudication under
15 this section or under section 6310.4.
16 (d) Notification.--The police department making an arrest
17 for a suspected violation of subsection (a) shall notify the
18 parents or guardian of the minor charged.
19 (e) Record of violation.--A violation of this section shall
20 not be a criminal offense of record or reportable as a criminal
21 act.
22 Section 2. Section 6310.4 of Title 18 is amended to read:
23 § 6310.4. Restriction of operating privileges.
24 (a) General rule.--Whenever a person is convicted or is
25 adjudicated delinquent or is admitted to any preadjudication
26 program for a violation of section 6307 (relating to
27 misrepresentation of age to secure liquor or malt or brewed
28 beverages), 6308 (relating to purchase, consumption, possession
29 or transportation of liquor or malt or brewed beverages), 6308.1
30 (relating to purchase, consumption, possession or transportation
19990H1076B1222 - 2 -
1 of tobacco) or 6310.3 (relating to carrying a false
2 identification card), the court, including a court not of record
3 if it is exercising jurisdiction pursuant to 42 Pa.C.S. §
4 1515(a) (relating to jurisdiction and venue), shall order the
5 operating privilege of the person suspended. A copy of the order
6 shall be transmitted to the Department of Transportation.
7 * * *
8 Section 3. Section 6310.6 of Title 18 is amended by adding a
9 definition to read:
10 § 6310.6. Definitions.
11 The following words and phrases when used in sections 6307
12 (relating to misrepresentation of age to secure liquor or malt
13 or brewed beverages) through 6310.3 (relating to carrying a
14 false identification card) shall have the meanings given to them
15 in this section unless the context clearly indicates otherwise:
16 * * *
17 "Tobacco." A lighted or unlighted cigarette, cigar, pipe or
18 other lighted smoking product and smokeless tobacco in any form.
19 Section 4. Section 6313 of Title 18 is amended to read:
20 § 6313. Special information.
21 (a) General rule.--At the time of conviction or admission to
22 a preadjudication disposition for a violation of section 6307
23 (relating to misrepresentation of age to secure liquor or malt
24 or brewed beverages), 6308 (relating to purchase, consumption,
25 possession or transportation of liquor or malt or brewed
26 beverages), 6308.1 (relating to purchase, consumption,
27 possession or transportation of tobacco) or 6310.3 (relating to
28 carrying a false identification card), the court shall provide
29 to the Department of Transportation, in such form as prescribed
30 by the department, the name of the offender, the offender's date
19990H1076B1222 - 3 -
1 of birth, the disposition of the case and the duration of any
2 license suspension.
3 (b) Availability.--Information under this section shall be
4 available to law enforcement agencies and the judicial system
5 for the purpose of determining whether the offender has a prior
6 record of violation of the offenses listed in subsection (a).
7 Section 5. This act shall take effect in 60 days.
B16L18DMS/19990H1076B1222 - 4 -