PRINTER'S NO. 4730
No. 2999 Session of 2004
INTRODUCED BY HANNA, CREIGHTON, DALEY, DeWEESE, LEACH, MAITLAND,
SAYLOR, STABACK, WHEATLEY AND YOUNGBLOOD, NOVEMBER 16, 2004
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 16, 2004
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for prohibition on
3 use of tobacco in schools.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6306.1 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6306.1. Use of tobacco in schools prohibited.
9 (a) Offense defined.--
10 (1) A pupil who possesses or uses tobacco in a school
11 building, a school bus or on school property owned by, leased
12 by or under the control of a school district commits a
13 summary offense.
14 (2) A person other than a pupil who uses tobacco in a
15 school building, a school bus or on school property owned by,
16 leased by or under the control of a school district, except
17 in areas designated for tobacco use by the board of school
18 directors, commits a summary offense.
1 (b) Grading.--A [pupil] person who commits an offense under
2 this section shall be subject to prosecution initiated by the
3 local school district and shall, upon conviction, be sentenced
4 to pay a fine of not more than $50 for the benefit of the school
5 district in which [such offending pupil resides] the offense
6 occurred and to pay court costs. When a pupil is charged with
7 violating subsection (a), the court may admit the offender to an
8 adjudication alternative as authorized under 42 Pa.C.S. § 1520
9 (relating to adjudication alternative program) in lieu of
10 imposing the fine.
11 (c) Nature of offense.--A summary offense under this section
12 shall not be a criminal offense of record, shall not be
13 reportable as a criminal act and shall not be placed on the
14 criminal record of the offending [school-age] person if any such
15 record exists.
16 (d) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Pupil." A person between the ages of 6 and 21 years who is
20 enrolled in school.
21 "School." A school operated by a joint board, board of
22 directors or school board where pupils are enrolled in
23 compliance with Article XIII of the act of March 10, 1949
24 (P.L.30, No.14), known as the Public School Code of 1949,
25 including area vocational schools and intermediate units.
26 "Tobacco." A lighted or unlighted cigarette, cigar, pipe or
27 other lighted smoking product and smokeless tobacco in any form.
28 Section 2. This act shall take effect in 60 days.
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