SB 83 Text

Introduced Version Senate Bill 83 History

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sb83 intr Senate Bill No. 83
(By Senators Facemyer and Barnes)
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[Introduced February 9, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age; increasing fines and community service requirements; and providing, upon a second offense, for revocation of the person's junior or graduated driver's license until eighteen years of age or, if the person does not yet have a driver's license, the person is ineligible to apply for any type of driver's license until eighteen years of age.

Be it enacted by the Legislature of West Virginia:
That §16-9A-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§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~~ may 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 not be deemed~~ may not be 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~~ one hundred dollars and be required to serve ~~eight~~ forty hours of community service; and for a second or subsequent violation, the person shall be fined ~~fifty~~ one hundred fifty dollars and be required to serve ~~sixteen~~ sixty hours of community service, and shall have his or her junior or graduated driver's license revoked until eighteen years of age, or if the person does not have a junior or graduated driver's license, he or she is ineligible to apply for any type of driver's license until eighteen years of age. ~~and for a third and each subsequent violation, the person shall be fined one hundred dollars 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 concurrent jurisdiction.

NOTE: The purpose of this bill is to increase the penalties for use or possession of tobacco or tobacco products by a person under eighteen years of age. The bill increases fines and community service requirements, and upon a second offense, provides for revocation of the person's junior or graduated driver's license until eighteen years of age, or if the person does not yet have a junior or graduated driver's license, the person is ineligible to apply for any type of driver's license until eighteen years of age.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.