Bill Text: NY S01874 | 2021-2022 | General Assembly | Introduced
Bill Title: Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products; provides for a fine not exceeding fifty dollars and/or completion of a tobacco awareness program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HEALTH [S01874 Detail]
Download: New_York-2021-S01874-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1874 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed 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 twenty-one to possess tobacco and vaping 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-4 to read as follows: 3 § 1399-mm-4. Unlawful possession of tobacco or vaping products by 4 persons under the age of twenty-one years. 1. Except as otherwise 5 provided in this section, no person under the age of twenty-one years 6 shall possess any tobacco or vaping product. 7 2. Any person who unlawfully possesses a tobacco or vaping product may 8 be 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 or vaping product. If a determination is made sustaining such charge 13 the court may impose a civil fine not exceeding fifty dollars and/or 14 completion of a tobacco awareness program if such program is being 15 offered and/or an appropriate amount of community service not to exceed 16 thirty hours. 17 3. No such determination shall operate as a disqualification of any 18 such person subsequently to hold public office, public employment or as 19 a forfeiture of any right or privilege or to receive any license granted 20 by public authority; and no such person shall be denominated a criminal 21 by reason of such determination, nor shall such determination be deemed 22 a conviction. 23 4. Whenever a peace officer, police officer or an enforcement officer 24 shall observe a person under twenty-one years of age openly in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06025-01-1S. 1874 2 1 possession of a tobacco or vaping product, such officer may seize the 2 tobacco or vaping product and shall deliver it to the custody of his or 3 her department. 4 5. Any tobacco or vaping product seized in violation of this section 5 is hereby declared a nuisance. The official to whom the tobacco or 6 vaping product has been delivered shall, no earlier than three days 7 following the return date for initial appearance on the summons, dispose 8 of or destroy the tobacco or vaping product seized or cause it to be 9 disposed of or destroyed. Any person claiming ownership of a tobacco or 10 vaping product seized under this section may, on the initial return date 11 of the summons or earlier on five days notice to the official or depart- 12 ment in possession of the tobacco or vaping product, apply to the court 13 for an order preventing the destruction or disposal of the tobacco or 14 vaping product seized and ordering the return of that tobacco or vaping 15 product. The court may order the tobacco or vaping product returned if 16 it is determined that return of the tobacco or vaping product would be 17 in the interest of justice or that the tobacco or vaping product was 18 improperly seized. 19 6. For purposes of this section, "vaping products" shall mean the use 20 of an electronic cigarette or any products associated with the use of 21 such. 22 § 2. This act shall take effect on the first of November next succeed- 23 ing the date on which it shall have become a law.
