H. B. 2773
(By Delegates Lawrence, Fragale, Perdue, Sobonya,
Paxton, Walker, Stowers, Moore, Eldridge, Hall and Smith)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §16-9A-2 and §16-9A-3 of the Code of
West Virginia, 1931, as amended, all relating to increasing
the monetary penalties for selling tobacco products to minors;
and increasing the monetary penalties for minors possessing
tobacco products.
Be it enacted by the Legislature of West Virginia:
That §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-2. Sale or gift of cigarette, cigarette paper, pipe, cigar,
snuff, or chewing tobacco to persons under eighteen;
penalties for first and subsequent offense.
(a) No person, firm, corporation or business entity may sell,
give or furnish, or cause to be sold, given or furnished, to any
person under the age of eighteen years:
(1) Any pipe, cigarette paper or any other paper prepared,
manufactured or made for the purpose of smoking any tobacco or
tobacco product; or
(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco
product, in any form.
(b) Any firm or corporation that violates any of the
provisions of subdivision (1) or (2), subsection (a) of this
section and any individual who violates any of the provisions of
subdivision (1), subsection (a) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined
twenty-five dollars $100 for the first offense. Upon any
subsequent violation at the same location or operating unit, the
firm, corporation or individual shall be fined as follows: At
least
one hundred dollars $250 but not more than
two hundred
dollars $500 for the second offense, if it occurs within two years
of the first conviction; at least
two hundred fifty dollars
$500 but not more than
five hundred dollars $750 for the third
offense, if it occurs within two years of the first conviction;
at
least two hundred fifty dollars but not more than five hundred
dollars for the fourth offense, if it occurs within five years of
the first conviction; and at least $1,000 but not more than $5,000
for
the fifth and any subsequent offenses, if the
fifth or
subsequent offense occurs within five years of the first
conviction.
(c) Any individual who knowingly and intentionally sells,
gives or furnishes or causes to be sold, given or furnished to any
person under the age of eighteen years any cigar, cigarette, snuff,
chewing tobacco or tobacco product, in any form, is guilty of a
misdemeanor and, upon conviction thereof, for the first offense
shall be fined not more than $100; upon conviction thereof for a
second or subsequent offense, is guilty of a misdemeanor and shall
be fined not less than $100 nor more than $500.
§16-9A-3. Use or possession of tobacco or tobacco products by
persons under the age of eighteen years; penalties.
No person under the age of eighteen years shall have on or
about his or her person or premises or use any cigarette, or
cigarette paper or any other paper prepared, manufactured or made
for the purpose of smoking any tobacco products, in any form; or,
any pipe, snuff, chewing tobacco or tobacco product:
Provided,
That minors participating in the inspection of locations where
tobacco products are sold or distributed pursuant to section seven
of this article
shall is not
be deemed considered to violate the
provisions of this section. Any person violating the provisions of
this section shall for the first violation be fined
twenty-five
dollars $100 and be required to serve eight hours of community
service; for a second violation, the person shall be fined
fifty
dollars $150 and be required to serve sixteen hours of community
service; and for a third and each subsequent violation, the person shall be fined
one hundred dollars $200 and be required to serve
twenty-four hours of community service. Notwithstanding the
provisions of section two, article five, chapter forty-nine, the
magistrate court
shall have has concurrent jurisdiction.
NOTE: The purpose of this bill is to increase the monetary
penalties for selling tobacco products to minors; and to increase
the monetary penalties for minors possessing tobacco products.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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