H. B. 2318
(By Delegates Williams, Manuel, Collins, Anderson,
Stalnaker, Prezioso and Michael)
[Introduced February 1, 1995; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact section four, article nine-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting the
use of tobacco or tobacco products by juveniles in certain
areas of certain public schools; requiring administrative
measures be used by school authorities for a first offense;
criminal penalty; and concurrent magistrate court
jurisdiction.
Be it enacted by the Legislature of West Virginia:
That section four, article nine-a, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
§16-9A-4. Use of tobacco or tobacco products in certain areas
of
certain public schools prohibited; penalty.
(a) Every person who shall smoke smokes a cigarette or
cigarettes, pipe, cigar or other implement, of any type or
nature, designed, used or employed for smoking any tobacco or
tobacco product; or who shall use uses any tobacco product,
whether chewing tobacco, snuff or otherwise, in any building or
part thereof used for instructional purposes, in any school of
this state, as defined in section one, article one, chapter
eighteen of this code, or on any lot or grounds actually used for
instructional purposes of any such school of this state while
such that school is used or occupied for school purposes, shall
be is guilty of a misdemeanor, and, upon conviction thereof,
shall be punished for each offense by a fine of not less than one
nor more than five dollars: Provided, That in any case involving
a person under the age of eighteen years who is a student at the
school, school authorities in the first instance shall take any
administrative steps otherwise permitted by law to prevent a
subsequent offense by that person: Provided, however, That upon
a second or subsequent offense by such a person under the age of eighteen, the magistrate court shall have concurrent
jurisdiction, notwithstanding the provisions of section one, et
seq., article five, chapter forty-nine of this code.
(b) this The prohibition contained in subsection (a) of
this section shall may not be construed to prevent the use of any
tobacco or tobacco product in any faculty lounge or staff lounge
or faculty office or other area of said a public school not used
for instructional purposes Provided, however, That so long as
that area is not used for instructional purposes and students do
not have access thereto. Provided further: That nothing herein
contained shall Nothing in this section may be construed to
prevent any county board of education from promulgating rules and
regulations that further restrict the use of tobacco or tobacco
products, in any form, from any other part or section of any
public school building under its jurisdiction.
NOTE: The purpose of this bill is to provide that juveniles
who smoke in certain areas of certain schools are guilty of a
misdemeanor over which the magistrate courts have jurisdiction.
However, in the case of a first offense, school authorities would
be required to use administrative measures to try to prevent any
subsequent offense by that student.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.