senate Bill S1874

2021-2022 Legislative Session

Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to health
Jan 16, 2021 referred to health

S1874 (ACTIVE) - Details

See Assembly Version of this Bill:
A9879
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 13-F §1399-mm-4, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S6826

S1874 (ACTIVE) - Summary

Makes it unlawful for a person under the age of 21 to possess tobacco or vaping products; provides for a fine not exceeding fifty dollars and/or completion of a tobacco awareness program.

S1874 (ACTIVE) - Sponsor Memo

S1874 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1874
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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 twenty-one to possess tobacco and vaping
   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-4 to read as follows:
   § 1399-MM-4. UNLAWFUL POSSESSION OF  TOBACCO  OR  VAPING  PRODUCTS  BY
 PERSONS  UNDER  THE  AGE  OF  TWENTY-ONE YEARS. 1.   EXCEPT AS OTHERWISE
 PROVIDED IN THIS SECTION, NO PERSON UNDER THE AGE  OF  TWENTY-ONE  YEARS
 SHALL POSSESS ANY TOBACCO OR VAPING PRODUCT.
   2. ANY PERSON WHO UNLAWFULLY POSSESSES A TOBACCO OR VAPING 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 OR VAPING 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  TWENTY-ONE  YEARS  OF  AGE  OPENLY  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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