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575Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010411Primary Sponsor: BauerAll Sponsors: Bauer, Ford, Hawkins, Ryberg, Grooms, Giese, Elliott, Wilson, Ravenel, Richardson, Leatherman, J. Verne Smith, Courson, Gregory and RitchieDrafted Document Number: l:\council\bills\nbd\11448ac01.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Cigarettes, tobacco products, etc; unlawful for minors to purchase, drivers' licenses suspension when; AgricultureHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010411 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976 BY ADDING SECTION 20-7-8935 SO AS TO MAKE IT UNLAWFUL FOR A MINOR TO PURCHASE OR POSSESS CIGARETTES, TOBACCO, CIGARETTE PAPER, OR ANY PRODUCT CONTAINING TOBACCO, TO PROVIDE A PENALTY OF NOT LESS THAN TWENTY-FIVE DOLLARS AND NOT MORE THAN ONE HUNDRED DOLLARS, AND TO AUTHORIZE THE COURT TO SUSPEND OR RESTRICT THE MINOR'S DRIVER'S LICENSE FOR A PERIOD NOT TO EXCEED NINETY DAYS, AND TO GIVE MAGISTRATES COURTS AND MUNICIPAL COURTS CONCURRENT JURISDICTION FOR MINORS UNDER SEVENTEEN YEARS OF AGE FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-8935. (A) It is unlawful for a minor to purchase or possess cigarettes, tobacco, cigarette paper, or any product containing tobacco.
(B) It is unlawful for a minor to falsely represent his age for the purpose of procuring cigarettes, tobacco, cigarette paper, or any product containing tobacco.
(C) A person violating subsection (A) or (B) is guilty of a misdemeanor and upon conviction must be fined not less than twenty-five dollars and not more than one hundred dollars.
(D)(1) In addition to or in lieu of the penalty for a violation of subsection (A) or (B) as provided for in subsection (C), the court may suspend or restrict the minor's driver's license for a period set by the court but not to exceed ninety days.
(2) If the court suspends the minor's driver's license, the minor must submit the license to the court, and the court shall forward the license to the Department of Public Safety for suspension; however, this suspension may not result in increased insurance premiums.
(3) If the court restricts the minor's driver's license, the court may restrict the minor's driving privileges to driving only to and from school or to and from work or as the court considers appropriate. Upon the court restricting a minor's driver's license, the minor must submit the license to the court and the court shall forward the license to the Department of Public Safety for reissuance of the license with the restriction clearly noted.
(4) Upon suspending or restricting a minor's driver's license under this section, the judge shall complete a form provided by and which must be remitted to the Department of Public Safety.
(E) For purposes of this section 'minor' means a person under eighteen years of age.
(F) Notwithstanding any other provision of law, the magistrates' courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age."
SECTION 2. This act takes effect upon approval by the Governor.
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