PRINTER'S NO. 1445
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1233
Session of
2019
INTRODUCED BY MULLERY, HILL-EVANS, FREEMAN, SCHLOSSBERG, ULLMAN,
BARRAR, MILLARD, CALTAGIRONE, McNEILL, NEILSON, MURT,
ISAACSON, SCHWEYER, SAINATO, WEBSTER AND FRANKEL,
APRIL 16, 2019
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 16, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, expanding the offense of
use of tobacco in schools.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6306.1 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 6306.1. Use of tobacco, nicotine delivery product or nicotine
product in schools prohibited.
(a) Offense defined.--A pupil who possesses or uses tobacco,
nicotine delivery product or nicotine product in a school
building, a school bus or on school property owned by, leased by
or under the control of a school district commits a summary
offense.
(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
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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 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 the
criminal record of the offending school-age person if any such
record exists.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Electronic cigarette." An electronic device that delivers
nicotine or other substances through vaporization and
inhalation.
"Nicotine delivery product." A product or device used,
intended for use or designed for the purpose of ingesting a
nicotine product. The term includes an electronic cigarette.
"Nicotine product." A product that contains or consists of
nicotine in a form that can be ingested by chewing, smoking,
inhaling or any other means. The term shall not include a
smoking cessation product specifically approved by the United
States Food and Drug Administration for use in reducing,
treating or eliminating nicotine or tobacco dependence which is
possessed or used by a student who is at least 18 years of age.
"Pupil." A person between the ages of 6 and 21 years who is
enrolled in school.
"School." A school operated by a joint board, board of
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directors or school board where pupils are enrolled in
compliance with Article XIII of the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949,
including area vocational schools, charter schools and
intermediate units.
"Tobacco." A lighted or unlighted cigarette, cigar,
cigarillo, little cigar, pipe or other lighted smoking product
and smokeless tobacco in any form, including chewing tobacco,
snuff, dip or dissolvable tobacco pieces.
Section 2. This act shall take effect in 60 days.
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