PRINTER'S NO. 2421
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1786
Session of
2017
INTRODUCED BY V. BROWN, ENGLISH, MURT, DAWKINS, KINSEY AND SIMS,
SEPTEMBER 14, 2017
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 14, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for sale
of tobacco.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6305(a)(1), (2) and (4), (a.1), (b)(3),
(f)(3)(iii) and (iv) and (g)(2) of Title 18 of the Pennsylvania
Consolidated Statutes are amended to read:
ยง 6305. Sale of tobacco.
(a) Offense defined.--Except as set forth in subsection (f),
a person is guilty of a summary offense if the person:
(1) sells a tobacco product to [any minor] an individual
under 21 years of age;
(2) furnishes, by purchase, gift or other means, a
tobacco product to [a minor] an individual under 21 years of
age;
(4) locates or places a tobacco vending machine
containing a tobacco product in a location accessible to
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[minors] an individual under 21 years of age;
* * *
(a.1) Purchase.--[A minor] An individual under 21 years of
age is guilty of a summary offense if the [minor] individual:
(1) purchases or attempts to purchase a tobacco product;
or
(2) knowingly falsely represents himself to be at least
[18] 21 years of age to a person for the purpose of
purchasing or receiving a tobacco product.
(b) Penalty.--
* * *
(3) [A minor] An individual under 21 years of age who
violates subsection (a.1) shall be sentenced to any or all of
the following:
(i) not more than 75 hours of community service;
(ii) complete a tobacco use prevention and cessation
program approved by the Department of Health;
(iii) a fine not to exceed $200; or
(iv) a 30-day suspension of motor vehicle operating
privileges.
* * *
(f) Exceptions.--
* * *
(3) It is not a violation of subsection (a.1)(1) for a
minor to purchase or attempt to purchase a tobacco product if
all of the following apply:
* * *
(iii) The [minor] individual under 21 years of age
is acting within the scope of assigned duties as part of
an authorized investigation, compliance check under
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subsection (g) or retailer-organized self-compliance
check.
(iv) [A minor] An individual under 21 years of age
shall not use or consume a tobacco product.
(g) Compliance checks.--This subsection shall apply to
compliance checks conducted by the Department of Health, a
primary contractor pursuant to Chapter 7 of the Tobacco
Settlement Act, a single county authority created pursuant to
the Pennsylvania Drug and Alcohol Abuse Control Act or a county
or municipal health department for the purpose of conducting
retailer education, assessing compliance with Federal or State
law and enforcing the provisions of this section. Compliance
checks shall be conducted, at a minimum, in accordance with all
of the following:
* * *
(2) [A minor] An individual participating in a
compliance check must be at least 14 years of age, complete a
course of training approved by the Department of Health and
furnish the Department of Health with a signed, written
parental consent agreement allowing the minor to participate
in the compliance check.
* * *
Section 2. This act shall take effect in 60 days.
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