Report Title:
Tobacco Products; Minors
Description:
Prohibits use of tobacco products by minors. Requires minor to complete tobacco use cessation program for a first offense and to repeat the program and perform community restitution for any subsequent offenses. Requires issuance of a citation and provides for disposition in the same manner as a traffic infraction. Gives district court jurisdiction over the offense and the offender.
|
THE SENATE |
S.B. NO. |
3056 |
|
TWENTY-THIRD LEGISLATURE, 2006 |
||
|
STATE OF HAWAII |
||
|
|
A BILL FOR AN ACT
relating to tobacco products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 328K, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328K- Use of tobacco products; minors; citation. (a) It shall be unlawful for a minor to use any tobacco product.
(b) Any minor who violates subsection (a) shall:
(1) Participate in a tobacco use cessation program established pursuant to section 328L-5(c) the cost which shall be borne by the minor's parent or guardian; and
(2) Perform four hours of community restitution for the first offense, and eight hours for any subsequent offense, when the minor is not employed and is not attending school. Community restitution shall be performed for an organization, agency, or program dedicated to reduction of underage use of tobacco products including, but not limited to, the Coalition for a Tobacco Free Hawaii and the Tobacco Prevention and Education Program of the department of health.
(c) Any enforcement officer who observes a violation of this section shall issue to the alleged violator a summons or citation printed in the form described in this section, warning the alleged violator to appear and answer to the charge at a certain place and at a time within seven days after such notice.
(d) The summons or citation shall be printed in a form comparable to the form of other summonses and citations used for arresting offenders and shall be designed to provide for inclusion of all necessary information. The form and content of the summons or citation shall be adopted or prescribed by the district courts.
(e) The original of a summons or citation shall be given to the alleged violator and the other copy or copies distributed in the manner prescribed by the district courts; provided that the district courts may prescribe alternative methods of distribution of the original and any other copy.
(f) Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
(g) Any minor who fails to appear at the place and within the time specified in the summons or citation shall be detained.
(h) When an enforcement officer issues a citation for a violation of this section, the citation shall be treated as a traffic infraction for purposes of disposition pursuant to chapter 291D. The district court shall have jurisdiction over the offense and the offender, notwithstanding section 571-11.
(i) For purposes of this section unless the context clearly requires otherwise:
"Enforcement officer" means an investigator or police officer;
"Minor" means any person under eighteen years of age; and
"Tobacco product" means tobacco in any shape or form, including chewing tobacco and snuff."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2007.
|
INTRODUCED BY: |
_____________________________ |