Bill Text: MS SB2798 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Minors; community service imposed for tobacco possession.

Spectrum: Bipartisan Bill

Status: (Enrolled - Dead) 2012-05-08 - Due From Governor 05/25/12 [SB2798 Detail]

Download: Mississippi-2012-SB2798-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary, Division B

By: Senator(s) Hopson

Senate Bill 2798

AN ACT TO AMEND SECTION 97-32-9, MISSISSIPPI CODE OF 1972, TO PERMIT IMPOSITION OF COMMUNITY SERVICE AND TOBACCO EDUCATION FOR A MINOR WHO VIOLATES THE YOUTH ACCESS TO TOBACCO ACT IF THE MINOR IS CONCURRENTLY IN VIOLATION OF ANY OTHER LAW; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-32-9, Mississippi Code of 1972, is amended as follows:

     97-32-9.  (1)  No person under eighteen (18) years of age shall purchase any tobacco product.  No student of any high school, junior high school or elementary school shall possess tobacco on any educational property as defined in Section 97-37-17.

     (2)  (a)  A cigarette or tobacco product found in the possession of a person under eighteen (18) years of age may be confiscated by a certified law enforcement officer or a school official and immediately destroyed.

          (b)  If a minor who is found by a court to be in violation of any other statute is also found to be in possession of a tobacco product, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program, in addition to any other punishment imposed by the court.

          (c)  A violation under this section is not to be recorded on the criminal history of the minor and, upon proof of satisfaction of the court's order, the record shall be expunged from any records other than youth court records.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.


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