PRINTER'S NO. 891
No. 791 Session of 1997
INTRODUCED BY BARD, SAYLOR, BAKER, BUNT, STAIRS, VANCE, WILT,
CORNELL, McGILL, FICHTER, L. I. COHEN, GLADECK AND RUBLEY,
MARCH 12, 1997
REFERRED TO COMMITTEE ON EDUCATION, MARCH 12, 1997
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, regulating penalties for use of
3 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, added December 4, 1996 (P.L.902, No.145),
8 is amended to read:
9 § 6306.1. Use of tobacco in schools prohibited.
10 (a) Offense defined.--A pupil who possesses or uses tobacco
11 in a school building, a school bus or on school property owned
12 by, leased by or under the control of a school district commits
13 a summary offense.
14 (b) Grading.--A pupil who commits an offense under this
15 section shall be subject to prosecution initiated by the local
16 school district and shall, upon conviction, be sentenced to pay
17 a fine of not [more than $50] less than $20 for the benefit of
18 the school district in which such offending pupil resides and to
1 pay court costs. When a pupil is charged with violating
2 subsection (a), the court may admit the offender to an
3 adjudication alternative as authorized under 42 Pa.C.S. § 1520
4 (relating to adjudication alternative program) in lieu of
5 imposing the fine.
6 (c) Nature of offense.--A summary offense under this section
7 shall not be a criminal offense of record, shall not be
8 reportable as a criminal act and shall not be placed on the
9 criminal record of the offending school-age person if any such
10 record exists.
11 (d) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Pupil." A person between the ages of 6 and 21 years who is
15 enrolled in school.
16 "School." A school operated by a joint board, board of
17 directors or school board where pupils are enrolled in
18 compliance with Article XIII of the act of March 10, 1949
19 (P.L.30, No.14), known as the Public School Code of 1949,
20 including area vocational schools and intermediate units.
21 "Tobacco." A lighted or unlighted cigarette, cigar, pipe or
22 other lighted smoking product and smokeless tobacco in any form.
23 Section 2. This act shall take effect in 60 days.
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