S T A T E   O F   N E W   Y O R K
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                                  3752

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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
OF A TOBACCO PRODUCT, SUCH OFFICER MAY SEIZE  THE  TOBACCO  PRODUCT  AND
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.
                                                           LBD07442-01-1
              

A. 3752                             2

  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.