S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   919

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, DINOWITZ -- Multi-Sponsored by -- M.
  of A. JACOBS -- 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:

  Section 1. Article 13-F of the public health law is amended by  adding
a new section 1399-mm-1 to read as follows:
  S  1399-MM-1. UNLAWFUL POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER
THE AGE OF EIGHTEEN YEARS. 1.   EXCEPT AS  OTHERWISE  PROVIDED  IN  THIS
SECTION,  NO  PERSON  UNDER  THE AGE OF EIGHTEEN YEARS SHALL POSSESS ANY
TOBACCO PRODUCT.
  2. ANY PERSON WHO  UNLAWFULLY  POSSESSES  A  TOBACCO  PRODUCT  MAY  BE
SUMMONED  BEFORE  AND  EXAMINED  BY  A COURT HAVING JURISDICTION OF THAT
CHARGE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  AUTHORIZE
OR  BE  CONSTRUED  TO  AUTHORIZE A PEACE OFFICER, A POLICE OFFICER OR AN
ENFORCEMENT OFFICER TO ARREST A PERSON WHO UNLAWFULLY POSSESSES A TOBAC-
CO PRODUCT.  IF A DETERMINATION IS MADE SUSTAINING SUCH CHARGE THE COURT
MAY IMPOSE A CIVIL FINE NOT EXCEEDING FIFTY DOLLARS AND/OR COMPLETION OF
A TOBACCO AWARENESS PROGRAM IF SUCH PROGRAM IS BEING OFFERED  AND/OR  AN
APPROPRIATE AMOUNT OF COMMUNITY SERVICE NOT TO EXCEED THIRTY HOURS.
  3.  NO  SUCH  DETERMINATION SHALL OPERATE AS A DISQUALIFICATION OF ANY
SUCH PERSON SUBSEQUENTLY TO HOLD PUBLIC OFFICE, PUBLIC EMPLOYMENT OR  AS
A FORFEITURE OF ANY RIGHT OR PRIVILEGE OR TO RECEIVE ANY LICENSE GRANTED
BY  PUBLIC AUTHORITY; AND NO SUCH PERSON SHALL BE DENOMINATED A CRIMINAL
BY REASON OF SUCH DETERMINATION, NOR SHALL SUCH DETERMINATION BE  DEEMED
A CONVICTION.
  4.  WHENEVER A PEACE OFFICER, POLICE OFFICER OR AN ENFORCEMENT OFFICER
SHALL OBSERVE A PERSON UNDER EIGHTEEN YEARS OF AGE OPENLY IN  POSSESSION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05716-01-3
              

A. 919                              2

OF  A  TOBACCO  PRODUCT,  SUCH OFFICER MAY SEIZE THE TOBACCO PRODUCT AND
SHALL DELIVER IT TO THE CUSTODY OF HIS OR HER DEPARTMENT.
  5.  ANY  TOBACCO PRODUCT SEIZED IN VIOLATION OF THIS SECTION IS HEREBY
DECLARED A NUISANCE. THE OFFICIAL TO WHOM THE TOBACCO PRODUCT  HAS  BEEN
DELIVERED  SHALL,  NO  EARLIER THAN THREE DAYS FOLLOWING THE RETURN DATE
FOR INITIAL APPEARANCE ON THE SUMMONS, DISPOSE OF OR DESTROY THE TOBACCO
PRODUCT SEIZED OR CAUSE IT TO BE DISPOSED OF OR  DESTROYED.  ANY  PERSON
CLAIMING  OWNERSHIP  OF A TOBACCO PRODUCT SEIZED UNDER THIS SECTION MAY,
ON THE INITIAL RETURN DATE OF THE SUMMONS OR EARLIER ON FIVE DAYS NOTICE
TO THE OFFICIAL OR DEPARTMENT IN  POSSESSION  OF  THE  TOBACCO  PRODUCT,
APPLY  TO  THE COURT FOR AN ORDER PREVENTING THE DESTRUCTION OR DISPOSAL
OF THE TOBACCO PRODUCT SEIZED AND ORDERING THE RETURN  OF  THAT  TOBACCO
PRODUCT.  THE  COURT  MAY  ORDER  THE  TOBACCO PRODUCT RETURNED IF IT IS
DETERMINED THAT RETURN OF THE TOBACCO PRODUCT WOULD BE IN  THE  INTEREST
OF JUSTICE OR THAT THE TOBACCO PRODUCT WAS IMPROPERLY SEIZED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.