HB 1177 - AS INTRODUCED
2001 SESSION
05/10
HOUSE BILL 1177
AN ACT enforcing the prohibition on the possession and use of tobacco products by minors through the juvenile statutes.
COMMITTEE: Children and Family Law
This bill enforces the prohibition on the possession and use of tobacco products by minors through the juvenile statutes and expands the definition of a child in need of services to specifically include a minor who possesses or uses tobacco products.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2209
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT enforcing the prohibition on the possession and use of tobacco products by minors through the juvenile statutes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Youth Access to Tobacco Products; Possession and Use of Tobacco Products by Minors; Enforcement Through Juvenile Statutes. Amend RSA 126-K:6, IV to read as follows:
IV. [Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older] A minor who violates this section [shall not] may be considered a delinquent under RSA 169-B or a child in need of services under RSA 169-D.
2 Youth Access to Tobacco Products; Possession and Use of Tobacco Products by Minors; Penalties. RSA 126-K:6, V is repealed and reenacted to read as follows:
V. Any minor who violates this section shall:
(a) Complete up to 20 hours of community service for a first offense.
(b) Complete up to 20 hours of community service and participate in an approved tobacco-use cessation program for a second offense.
(c) Complete up to 20 hours of community service, participate in an approved tobacco-use cessation program, and pay a fine not to exceed $100 for a third or subsequent offense.
3 Definition of Child in Need of Services Expanded. Amend RSA 169-D:2, IV(c)-(d) to read as follows:
(c) A child who has exhibited willful repeated or habitual conduct constituting offenses which would be violations under the criminal code of this state if committed by an adult or, if committed by a person 16 years of age or older, would be violations under the motor vehicle code of this state; [and] or
(d) A child who violates RSA 126-K:6 relative to the possession and use of tobacco products by minors; and
(e) Is expressly found to be in need of care, guidance, counseling, discipline, supervision, treatment, or rehabilitation.
4 Effective Date. This act shall take effect January 1, 2003.