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Introduced Version House Bill 2773 History

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hb2773 intr
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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