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3123Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990112Primary Sponsor: J. SmithAll Sponsors: J. Smith, Moody-Lawrence, Rutherford, LourieDrafted Document Number: l:\council\bills\gjk\20083sd99.docCompanion Bill Number: 1251Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Cigars, rolling paper, tobacco products; unlawful for minors to possess; Agriculture, Tobacco, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000316 Companion Bill No. 1251 House 19990203 Co-Sponsor added (Rule 5.2) by Rep. Lourie House 19990121 Co-Sponsor added (Rule 5.2) by Rep. Rutherford House 19990112 Introduced, read first time, 25 HJ referred to Committee House 19981216 Prefiled, referred to Committee 25 HJ Versions of This Bill
TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY CIGARS OR ROLLING PAPER, TO REVISE PENALTIES FOR VIOLATION, AND TO PROVIDE THAT ALL VIOLATIONS MUST BE TRIED IN MAGISTRATE'S COURT; AND TO ADD SECTION 20-7-8927 SO AS TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SUCH TOBACCO PRODUCTS AND PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It
shall be is unlawful for any a person to sell, furnish, give, or provide any a minor under the age of eighteen years with cigarettes, cigars, tobacco, cigarette or rolling paper, or any a substitute therefor. Any A person violating the provisions of this section, either in person, by agent, or in any other way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall must be punished as follows:
(1) for a first offense, by a fine not exceeding
twenty-five one hundred dollars;
(2) for a second offense, by a fine not exceeding
fifty two hundred dollars; and
(3) for a third or subsequent offense, by a fine of not less than
one two hundred dollars or imprisonment for not more than one year nor less than sixty days, or both. Notwithstanding any other provision of law, any violations of this section must be tried in magistrate's court.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-8927. (A) It is unlawful for a person under eighteen years of age to purchase or knowingly possess cigarettes, cigars, smokeless or chewing tobacco, tobacco samples, cigarette or rolling paper, or any substitute for these. Possession is prima facie evidence that it was knowingly possessed.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(C) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred.
(D) This section does not apply to a minor participating in the annual Youth Access to Tobacco Study, which is required by Section 1926 of federal Public Law 102-321 and conducted by the Department of Alcohol and Other Drug Abuse Services, or an employee who is a minor lawfully engaged in the sale or delivery of tobacco products in an unopened package."
SECTION 3. This act takes effect upon approval by the Governor.
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