H. B. 2203
(By Delegate Collins)
[Introduced Janaury 14, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article nine-a,
chapter sixteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the use or
possession of tobacco or tobacco products by persons under
the age of eighteen; criminal penalties; and providing
sentencing alternative for students who are over the age of
eighteen years.
Be it enacted by the Legislature of West Virginia:
That section three, 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:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-3. Use or possession of tobacco or tobacco products by
persons under the age of eighteen years; penalty.
No person under the age of eighteen years shall have on or about his or her person or premises or use any cigarette,
cigarette paper or any other paper prepared, manufactured or made
for the purpose of smoking any tobacco products, in any form; or,
any pipe, snuff, chewing tobacco or tobacco product: Provided,
That minors participating in the inspection of locations where
tobacco products are sold or distributed pursuant to section
seven of this article and chapter shall not be deemed to violate
the provisions of this section: Provided, however, That the
provisions of this section also apply to persons over the age of
eighteen years, if they are currently enrolled in a school and
the violation occurs at school or on school property: Provided
further, That any person violating the provisions of this section
is punishable by eight hours of community service may be
punished by a fine of five dollars or sentencing to a counseling
or preventive education program or both fine and sentencing to a
counseling or preventive education program Provided further, That
and notwithstanding the provisions of section two, article five,
chapter forty-nine, the magistrate court shall have concurrent
jurisdiction.
NOTE: The purpose of this bill is to provide a sentencing
alternative on first offenses for students over the age of 18 who
violate the ban on tobacco products by persons under the age of
18 years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.