PRINTER'S NO. 2453
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1920
Session of
2023
INTRODUCED BY MALAGARI, DIAMOND, FLICK, HOWARD, KHAN, HADDOCK,
KRAJEWSKI, GREEN AND CERRATO, DECEMBER 28, 2023
REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 28, 2023
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for use
of tobacco products in schools prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6306.1(a), (a.2), (b) and (c) of Title 18
of the Pennsylvania Consolidated Statutes are amended to read:
§ 6306.1. Use of tobacco products in schools prohibited.
(a) Pupils.--A pupil [commits a summary offense if the pupil
possesses or uses] may not possess or use a tobacco product:
(1) in a school building;
(2) on a school bus or other vehicle owned by, leased by
or under the control of a school district; or
(3) on school property owned by, leased by or under the
control of a school district.
* * *
(a.2) Policy.--
(1) The board of school directors shall establish a
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policy to enforce the prohibition of tobacco product use
under this section [and may further establish policy relating
to tobacco product use at school-sponsored events that are
held off school premises]. The policy may not include
suspension, expulsion, fines, service fees or withholding
participation in extracurricular activities for prohibited
use or possession of tobacco under subsection (a). The board
of school directors shall consider the standards recommended
by the American Heart Association as applicable when
establishing the policy.
(1.1) The board of school directors may further
establish a policy relating to tobacco product use at school-
sponsored events that are held off school premises.
(2) The board of school directors shall notify
employees, pupils and parents of the policy developed in
accordance with [paragraph (1)] paragraphs (1) and (1.1) by
publishing the information in a student handbook and parent
newsletter and on posters or other efficient means.
[(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] violation 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
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the criminal record of the offending school-age person if any
such record exists.
* * *
Section 2. This act shall take effect in 60 days.
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