REVISED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 126

(By Senators Mitchell, Dawson, Unger, Hunter, Kessler, Ball, McKenzie, Minear, Minard, Redd, Bowman, Ross and Sharpe)

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[Originating in the Committee on the Judiciary;

reported February 18, 2000.]

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A BILL to amend and reenact sections two and three, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to sale of tobacco products to minors and use of tobacco products by minors; increasing penalties for firm or individual selling tobacco or tobacco-related products to minors; and increasing penalties for minors possessing tobacco products.

Be it enacted by the Legislature of West Virginia:
That sections two and three, article nine-a, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, 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:
(a) (1) Any cigarette, pipe, cigarette paper or any other paper prepared, manufactured or made for the purpose of smoking any tobacco or tobacco product; or
(b) (2) Any cigar, cigarette, pipe, snuff, chewing tobacco or tobacco product, in any form.
(b) Any firm or corporation which that violates any of the provisions of subdivision (a) or (b) (1) or (2), this section 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 for the first offense. Upon any subsequent violation by that firm or corporation at the same location or operating unit, the firm, or corporation or individual shall be fined as follows: At least fifty one hundred dollars but not more than one hundred two hundred dollars for the second offense, if it occurs within two years of the first conviction; at least fifty two hundred fifty dollars but not more than two hundred five hundred dollars for the third offense, if it occurs within two years of the first conviction; at least one hundred two hundred fifty dollars but not more than three five hundred dollars for the fourth offense, if it occurs within five years of the first conviction; and at least one hundred one thousand dollars but not more than three hundred fifty five thousand dollars for the fifth and any subsequent offenses, if the fifth or subsequent offense occurs within five years of the first conviction. Any person who violates any provision of subdivision (a) or (b) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten nor more than twenty-five dollars.
(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 one hundred dollars; upon conviction thereof for a second or subsequent offense, is guilty of a misdemeanor and shall be fined not less than one hundred nor more than five hundred dollars or confined in the county or regional jail not more than thirty days, or both.

§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 and chapter shall not be deemed to violate the provisions of this section.: Provided, however, That any Any person violating the provisions of this section shall for the first violation be fined twenty-five dollars and be required to serve is punishable by eight hours of community service; for a second violation, the person shall be fined fifty dollars 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 and be required to serve twenty-four hours of community service. Provided further, That notwithstanding Notwithstanding the provisions of section two, article five, chapter forty-nine, the magistrate court shall have concurrent jurisdiction.

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(NOTE: The purpose of this bill is to increase fines and requirements of community service for minors who possess tobacco products and to increase the penalties for persons or corporations selling tobacco products to minors. This bill also changes the offense by an individual of selling products containing tobacco to minors to a misdemeanor punishable by up to 30 days in jail and a $100-500 fine for a second and each subsequent offense.

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