THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY KULA, HARHAI, D. COSTA, MAHONEY, BISHOP, BRENNAN, BROWNLEE, DALEY, DAVIDSON, DONATUCCI, GALLOWAY, HESS, HORNAMAN, MILLER, STABACK, SWANGER, VULAKOVICH AND YOUNGBLOOD, SEPTEMBER 13, 2011
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 13, 2011
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for use of tobacco
in schools prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6306.1 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6306.1. Use of tobacco or nicotine product in schools
(a) Offense defined.--A pupil who possesses or uses tobacco
or nicotine product in a school building, a school bus or on
school property owned by, leased by or under the control of a
school district commits a summary offense.
(b) Grading.--A pupil who commits an offense under this
section shall be subject to prosecution initiated by the local
school district and shall, upon conviction, be sentenced to pay
a fine of not more than $50 for the benefit of the school
district in which such offending pupil resides and to pay court
costs. When a pupil is charged with violating subsection (a),
the court may admit the offender to an adjudication alternative
as authorized under 42 Pa.C.S. § 1520 (relating to adjudication
alternative program) in lieu of imposing the fine.
(c) Nature of offense.--A summary offense under this section
shall not be a criminal offense of record, shall not be
reportable as a criminal act and shall not be placed on the
criminal record of the offending school-age person if any such
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
"Nicotine product." Any product containing nicotine or any
product or formulation of matter containing biologically active
amounts of nicotine that is manufactured, sold, offered for sale
or otherwise distributed with the expectation that the product
or matter will be introduced into the human body. The term shall
not include any cessation product specifically approved by the
United States Food and Drug Administration for use in reducing,
treating or eliminating nicotine or tobacco dependence.
"Pupil." A person between the ages of 6 and 21 years who is
enrolled in school.
"School." A school operated by a joint board, board of
directors or school board where pupils are enrolled in
compliance with Article XIII of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
including area vocational schools and intermediate units.
"Tobacco." A lighted or unlighted cigarette, cigar,
cigarillo, little cigar, pipe or other lighted smoking product
and smokeless tobacco in any form, including chewing tobacco,
snuff, dip or dissolvable tobacco pieces.
Section 2. This act shall take effect in 60 days.