PRINTER'S NO.  2348

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1831

Session of

2011

  

  

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  

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, further providing for use of tobacco

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in schools prohibited.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 6306.1 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

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§ 6306.1.  Use of tobacco or nicotine product in schools

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prohibited.

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(a)  Offense defined.--A pupil who possesses or uses tobacco 

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or nicotine product in a school building, a school bus or on

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school property owned by, leased by or under the control of a

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school district commits a summary offense.

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(b)  Grading.--A pupil who commits an offense under this

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section shall be subject to prosecution initiated by the local

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school district and shall, upon conviction, be sentenced to pay

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a fine of not more than $50 for the benefit of the school

 


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district in which such offending pupil resides and to pay court

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costs. When a pupil is charged with violating subsection (a),

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the court may admit the offender to an adjudication alternative

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as authorized under 42 Pa.C.S. § 1520 (relating to adjudication

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alternative program) in lieu of imposing the fine.

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(c)  Nature of offense.--A summary offense under this section

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shall not be a criminal offense of record, shall not be

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reportable as a criminal act and shall not be placed on the

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criminal record of the offending school-age person if any such

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record exists.

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(d)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

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subsection:

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"Nicotine product."  Any product containing nicotine or any

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product or formulation of matter containing biologically active

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amounts of nicotine that is manufactured, sold, offered for sale

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or otherwise distributed with the expectation that the product

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or matter will be introduced into the human body. The term shall

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not include any cessation product specifically approved by the

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United States Food and Drug Administration for use in reducing,

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treating or eliminating nicotine or tobacco dependence.

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"Pupil."  A person between the ages of 6 and 21 years who is

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enrolled in school.

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"School."  A school operated by a joint board, board of

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directors or school board where pupils are enrolled in

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compliance with Article XIII of the act of March 10, 1949

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(P.L.30, No.14), known as the Public School Code of 1949,

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including area vocational schools and intermediate units.

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"Tobacco."  A lighted or unlighted cigarette, cigar,

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cigarillo, little cigar, pipe or other lighted smoking product

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and smokeless tobacco in any form, including chewing tobacco,

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snuff, dip or dissolvable tobacco pieces.

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Section 2.  This act shall take effect in 60 days.

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