H. B. 2395
(By Delegates Manuel, Doyle,
Douglas, Amores and R. White)
[Introduced January 14, 1998; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact section two, article nine-a, chapter
sixteen, of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
penalties for the sale or gifts of tobacco products to
minors.
Be it enacted by the Legislature of West Virginia:
That section two, 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-2. Sale or gift of cigarette, cigarette paper, pipe,
cigar, snuff, or chewing tobacco to persons under
eighteen; penalty.
No person, firm or corporation may sell, give or furnish, or
cause to be sold, given or furnished, to any person under the age of eighteen years:
(a) Any cigarette, cigarette paper or any other paper
prepared, manufactured or made for the purpose of smoking any
tobacco or tobacco product; or,
(b) Any cigar, pipe, snuff, chewing tobacco or tobacco
product, in any form.
Any person, firm or corporation violating any of the
provisions of subdivisions (a) or (b) of this section
is guilty
of a misdemeanor, and, upon conviction thereof, shall be fined
not less than ten nor more than twenty-five dollars for the first
offense, and for each subsequent offense, not less than
twenty-five nor more than three hundred dollars. shall be
punished as follows:
(a) First offense conviction: Is guilty of a misdemeanor
and shall be fined not less than one hundred fifty dollars nor
more than three hundred dollars.
(b) Second offense conviction within two years of the first
conviction: is guilty of a misdemeanor and shall be fined not
less than two hundred fifty dollars nor more than five hundred
dollars. In addition to the fine imposed by this subdivision,
such person, firm or corporation convicted shall be prohibited
from selling tobacco products for a determined period of seven
days.
(c) Third offense conviction within five years of the first
conviction: Is guilty of a misdemeanor and shall be fined one
thousand dollars. In addition to the fine imposed by this
subdivision, the person, firm or corporation convicted shall be
prohibited from selling tobacco products for a determined period
of one year.
NOTE: The purpose of this bill is to increase the
penalties for the sale or gift of tobacco products to minors.
Strike throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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