Report Title:
Tobacco Use by Minors; Deceptive Identification
Description:
Makes it an offense for any minor under the age of 18 to use any tobacco product. Makes it an offense to create or use a deceptive identification document for use by a minor to purchase tobacco or enter an age-restricted establishment.
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THE SENATE |
S.B. NO. |
2027 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to criminal offenses by minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§709- Tobacco use by a minor; penalties. (1) A person commits the offense of tobacco use by a minor if the person is a minor under eighteen years of age and uses any tobacco product, including but not limited to tobacco cigarettes, chewing tobacco, and snuff.
(2) A person who violates this section shall be sentenced to any one or more of the following:
(a) A maximum fine of $500;
(b) A maximum of fifty hours of community service during hours when the person is not employed and is not attending school; and
(c) A maximum of ten hours of substance abuse counseling."
SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§710- Making or using a deceptive identification document; penalties. (1) A person commits the offense of making or using of a deceptive identification document if the person intentionally or knowingly makes or uses a deceptive identification document to allow a minor to:
(a) Enter or attempt to enter an alcohol-serving or other establishment restricted to patrons older than the minor's age; or
(b) Purchase or attempt to purchase alcohol, any tobacco product, or any other product that can be purchased only by persons older than the minor's age.
(2) As used in this section, "deceptive identification document" means any identification document, including but not limited to a driver's license, identification card, birth certificate, passport, or social security card, that is made, altered, or obtained to deceive a reasonable person into believing that it is an identification document issued by a governmental agency.
(3) A person eighteen years or older who violates this section shall be sentenced to any one or more of the following:
(a) A maximum fine of $2,000;
(b) A maximum of one year in prison;
(c) A maximum of one hundred fifty hours of community service; and
(d) Suspension of the person's license and privilege to operate a vehicle for a period not more than one year.
(4) Any person under the age of eighteen who violates this section shall be sentenced to any one or more of the following:
(a) A maximum fine of $2,000;
(b) A maximum of one hundred hours of community service during hours when the person is not employed and is not attending school;
(c) A maximum of ten hours of substance abuse counseling; and
(d) Suspension of the person's license and privilege to operate a vehicle for a period not more than one year."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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