H. B. 4518

         (By Delegates Ellington, Arvon, Cooper,

                    Kump and Rowan)

         [Introduced February 13, 2014; referred to the

         Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to penalties for underage tobacco use; and requiring parents or guardians to perform community service along with their underage child who has violated underage smoking provisions.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-8-29, to read as follows:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-29. Underage tobacco use; penalty.

    The court, when sentencing a minor for violating section three, article nine-a, chapter sixteen of this code, shall also order the parent or guardian who failed to discourage and knowingly permitted the minor child to violate the provisions of that section, to perform, along with the child, the community service required by that section.

    NOTE: The purpose of this bill is to require parents or guardians to perform community service along with their underage child who has violated underage smoking provisions.

    This section is new; therefore, it has been completely underscored.