Bill Text: NY A04670 | 2015-2016 | General Assembly | Introduced
Bill Title: Makes it unlawful for a person under the age of 18 to possess tobacco products; provides for a fine not exceeding fifty dollars and/or completion of a tobacco awareness program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - referred to health [A04670 Detail]
Download: New_York-2015-A04670-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4670
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, DINOWITZ -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to making it unlawful
for a person under the age of eighteen to possess tobacco products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 13-F of the public health law is amended by adding
2 a new section 1399-mm-1 to read as follows:
3 S 1399-MM-1. UNLAWFUL POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER
4 THE AGE OF EIGHTEEN YEARS. 1. EXCEPT AS OTHERWISE PROVIDED IN THIS
5 SECTION, NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL POSSESS ANY
6 TOBACCO PRODUCT.
7 2. ANY PERSON WHO UNLAWFULLY POSSESSES A TOBACCO PRODUCT MAY BE
8 SUMMONED BEFORE AND EXAMINED BY A COURT HAVING JURISDICTION OF THAT
9 CHARGE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL AUTHORIZE
10 OR BE CONSTRUED TO AUTHORIZE A PEACE OFFICER, A POLICE OFFICER OR AN
11 ENFORCEMENT OFFICER TO ARREST A PERSON WHO UNLAWFULLY POSSESSES A TOBAC-
12 CO PRODUCT. IF A DETERMINATION IS MADE SUSTAINING SUCH CHARGE THE COURT
13 MAY IMPOSE A CIVIL FINE NOT EXCEEDING FIFTY DOLLARS AND/OR COMPLETION OF
14 A TOBACCO AWARENESS PROGRAM IF SUCH PROGRAM IS BEING OFFERED AND/OR AN
15 APPROPRIATE AMOUNT OF COMMUNITY SERVICE NOT TO EXCEED THIRTY HOURS.
16 3. NO SUCH DETERMINATION SHALL OPERATE AS A DISQUALIFICATION OF ANY
17 SUCH PERSON SUBSEQUENTLY TO HOLD PUBLIC OFFICE, PUBLIC EMPLOYMENT OR AS
18 A FORFEITURE OF ANY RIGHT OR PRIVILEGE OR TO RECEIVE ANY LICENSE GRANTED
19 BY PUBLIC AUTHORITY; AND NO SUCH PERSON SHALL BE DENOMINATED A CRIMINAL
20 BY REASON OF SUCH DETERMINATION, NOR SHALL SUCH DETERMINATION BE DEEMED
21 A CONVICTION.
22 4. WHENEVER A PEACE OFFICER, POLICE OFFICER OR AN ENFORCEMENT OFFICER
23 SHALL OBSERVE A PERSON UNDER EIGHTEEN YEARS OF AGE OPENLY IN POSSESSION
24 OF A TOBACCO PRODUCT, SUCH OFFICER MAY SEIZE THE TOBACCO PRODUCT AND
25 SHALL DELIVER IT TO THE CUSTODY OF HIS OR HER DEPARTMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08440-01-5
A. 4670 2
1 5. ANY TOBACCO PRODUCT SEIZED IN VIOLATION OF THIS SECTION IS HEREBY
2 DECLARED A NUISANCE. THE OFFICIAL TO WHOM THE TOBACCO PRODUCT HAS BEEN
3 DELIVERED SHALL, NO EARLIER THAN THREE DAYS FOLLOWING THE RETURN DATE
4 FOR INITIAL APPEARANCE ON THE SUMMONS, DISPOSE OF OR DESTROY THE TOBACCO
5 PRODUCT SEIZED OR CAUSE IT TO BE DISPOSED OF OR DESTROYED. ANY PERSON
6 CLAIMING OWNERSHIP OF A TOBACCO PRODUCT SEIZED UNDER THIS SECTION MAY,
7 ON THE INITIAL RETURN DATE OF THE SUMMONS OR EARLIER ON FIVE DAYS NOTICE
8 TO THE OFFICIAL OR DEPARTMENT IN POSSESSION OF THE TOBACCO PRODUCT,
9 APPLY TO THE COURT FOR AN ORDER PREVENTING THE DESTRUCTION OR DISPOSAL
10 OF THE TOBACCO PRODUCT SEIZED AND ORDERING THE RETURN OF THAT TOBACCO
11 PRODUCT. THE COURT MAY ORDER THE TOBACCO PRODUCT RETURNED IF IT IS
12 DETERMINED THAT RETURN OF THE TOBACCO PRODUCT WOULD BE IN THE INTEREST
13 OF JUSTICE OR THAT THE TOBACCO PRODUCT WAS IMPROPERLY SEIZED.
14 S 2. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
