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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 13, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for use of tobacco |
3 | in schools prohibited. |
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 or nicotine product in schools |
9 | prohibited. |
10 | (a) Offense defined.--A pupil who possesses or uses tobacco |
11 | or nicotine product in a school building, a school bus or on |
12 | school property owned by, leased by or under the control of a |
13 | school district commits 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 for the benefit of the school |
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1 | district in which such offending pupil resides and to pay court |
2 | costs. When a pupil is charged with violating subsection (a), |
3 | the court may admit the offender to an adjudication alternative |
4 | as authorized under 42 Pa.C.S. § 1520 (relating to adjudication |
5 | alternative program) in lieu of 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 | "Nicotine product." Any product containing nicotine or any |
15 | product or formulation of matter containing biologically active |
16 | amounts of nicotine that is manufactured, sold, offered for sale |
17 | or otherwise distributed with the expectation that the product |
18 | or matter will be introduced into the human body. The term shall |
19 | not include any cessation product specifically approved by the |
20 | United States Food and Drug Administration for use in reducing, |
21 | treating or eliminating nicotine or tobacco dependence. |
22 | "Pupil." A person between the ages of 6 and 21 years who is |
23 | enrolled in school. |
24 | "School." A school operated by a joint board, board of |
25 | directors or school board where pupils are enrolled in |
26 | compliance with Article XIII of the act of March 10, 1949 |
27 | (P.L.30, No.14), known as the Public School Code of 1949, |
28 | including area vocational schools and intermediate units. |
29 | "Tobacco." A lighted or unlighted cigarette, cigar, |
30 | cigarillo, little cigar, pipe or other lighted smoking product |
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1 | and smokeless tobacco in any form, including chewing tobacco, |
2 | snuff, dip or dissolvable tobacco pieces. |
3 | Section 2. This act shall take effect in 60 days. |
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