PRINTER'S NO. 2357
No. 1760 Session of 2007
INTRODUCED BY WANSACZ AND SHIMKUS, JULY 17, 2007
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JULY 17, 2007
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for sale of tobacco.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 6305(a.1), (b) and (f)(3) of Title 18 of
6 the Pennsylvania Consolidated Statutes are amended to read:
7 § 6305. Sale of tobacco.
8 * * *
9 (a.1) Purchase.--A minor is guilty of a summary offense if
10 the minor:
11 (1) purchases or attempts to purchase a tobacco product;
12 [or]
13 (1.1) possesses or uses a tobacco product; or
14 (2) knowingly falsely represents himself to be at least
15 18 years of age to a person for the purpose of purchasing or
16 receiving a tobacco product.
17 (b) Penalty.--
1 (1) Except as set forth in paragraph (2), a person that
2 violates subsection (a) shall be sentenced as follows:
3 (i) for a first offense, to pay a fine of not less
4 than $100 nor more than $250;
5 (ii) for a second offense, to pay a fine of not less
6 than $250 nor more than $500; or
7 (iii) for a third or subsequent offense, to pay a
8 fine of not less than $500 nor more than $1,000.
9 (2) A retailer that violates subsection (a) shall be
10 sentenced as follows:
11 (i) for a first offense, to pay a fine of not less
12 than $100 nor more than $500;
13 (ii) for a second offense, to pay a fine of not less
14 than $500 nor more than $1,000;
15 (iii) for a third offense, to pay a fine of not less
16 than $1,000 nor more than $3,000; or
17 (iv) for a fourth or subsequent offense, to pay a
18 fine of not less than $3,000 nor more than $5,000.
19 (3) A minor who violates subsection (a.1)(1) or (2)
20 shall be sentenced to any or all of the following:
21 (i) not more than 75 hours of community service;
22 (ii) complete a tobacco use prevention and cessation
23 program approved by the Department of Health;
24 (iii) a fine not to exceed $200; or
25 (iv) a 30-day suspension of motor vehicle operating
26 privileges.
27 (4) A minor who violates subsection (a.1)(1.1) shall:
28 (i) for a first offense, be issued a written warning
29 by a police officer who shall file a copy of the warning
30 with the appropriate issuing authority;
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1 (ii) for a second offense, be sentenced to not more
2 than 75 hours of community service;
3 (iii) for a third offense, be sentenced to complete
4 a tobacco use prevention and cessation program approved
5 by the Department of Health; or
6 (iv) for a fourth or subsequent offense, be
7 sentenced to pay a fine of not more than $100.
8 * * *
9 (f) Exceptions.--
10 * * *
11 (3) It is not a violation of subsection (a.1)(1) or
12 (1.1) for a minor to purchase [or], attempt to purchase or
13 possess a tobacco product if all of the following apply:
14 (i) The minor is at least 14 years of age.
15 (ii) The minor is an employee, volunteer or an
16 intern with:
17 (A) a State or local law enforcement agency;
18 (B) the Department of Health or a primary
19 contractor pursuant to Chapter 7 of the act of June
20 26, 2001 (P.L.755, No.77), known as the Tobacco
21 Settlement Act;
22 (C) a single county authority created pursuant
23 to the act of April 14, 1972 (P.L.221, No.63), known
24 as the Pennsylvania Drug and Alcohol Abuse Control
25 Act;
26 (D) a county or municipal health department; or
27 (E) a retailer.
28 (iii) The minor is acting within the scope of
29 assigned duties as part of an authorized investigation,
30 compliance check under subsection (g) or retailer-
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1 organized self-compliance check.
2 (iv) A minor shall not use or consume a tobacco
3 product.
4 * * *
5 Section 2. This act shall take effect in 60 days.
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