Bill 3888

                    Current Status

Bill Number:                    3888
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19970409
Primary Sponsor:                J. Smith
All Sponsors:                   J. Smith, J. Hines, Hodges,
                                Martin, Maddox, Miller, Byrd, Bauer,
                                Parks and Lloyd 
Drafted Document Number:        gjk\20468sd.97
Residing Body:                  House
Current Committee:              Judiciary Committee 25 HJ
Date of Last Amendment:         19980408
Subject:                        Rolling paper, unlawful for minor
                                to use or have in possession;
                                Agriculture, Tobacco, Crimes and
                                Offenses, Minors

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19980408  Recommitted to Committee                 25 HJ
House   19980408  Amended
House   19980402  Request for debate withdrawn
                  by Representative                                Sheheen
                                                                   Simrill
House   19980401  Request for debate by Representative             Simrill
                                                                   Sheheen
                                                                   Phillips
                                                                   Battle
                                                                   Littlejohn
                                                                   Fleming
                                                                   Rhoad
                                                                   Kennedy
                                                                   Bailey
                                                                   Beck
House   19980401  Co-Sponsor removed (Rule 5.2) by Rep.            Battle
House   19980331  Debate adjourned until
                  Wednesday, 19980401
House   19980326  Amended
House   19980325  Committee report: Favorable with         25 HJ
                  amendment
House   19970409  Introduced, read first time,             25 HJ
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

AMENDED--NOT PRINTED IN THE HOUSE

Amendment No. 3--P:\AMEND\GJK\21419SD.98

April 8, 1998

Amendment No. 1--P:\AMEND\GJK\21401SD.98

March 26, 1998

H. 3888

Introduced by Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Battle, Bauer, Parks and Lloyd

S. Printed 3/25/98--H.

Read the first time April 9, 1997.

A 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 ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.

Amend Title To Conform

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 person to sell, furnish, give, or provide any minor under the age of eighteen years with cigarettes, cigars, tobacco, cigarette or rolling paper, or any substitute therefor. Any 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 shall 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 any 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.