Senate Bill No. 62
(By Senator Facemyer)
____________
[Introduced February 11, 2009; referred to the Committee on the
Judiciary.]
____________
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 the minor attains 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 the
minor attains 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 to violate are not in violation
of the provisions of this section. Any person violating the
provisions of this section shall for the first violation be fined
twenty-five $100 and be required to serve
eight forty hours of
community service;
and for a second
or subsequent violation, the
person shall be fined
fifty $150 and be required to serve
sixteen
sixty 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
shall have his or her junior or graduated driver's license revoked
until the minor attains 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 the
minor attains eighteen years of age.
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 the minor attains 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 the minor attains 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.