First Regular Session

Sixty-first General Assembly

LLS NO. 97­0294.01 MTJ SENATE BILL 97­098

STATE OF COLORADO

BY SENATOR Pascoe;

also REPRESENTATIVE McPherson.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING MEASURES TO PREVENT TOBACCO USE BY MINORS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Creates the offense of possession and use of cigarettes or tobacco products by a minor. Authorizes a court to order a minor violating this section to attend a tobacco education program in addition to a penalty fine or community service. Provides that criminal records of an offense are to be closed to inspection after satisfaction of the judgment.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 13 of title 18, Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

18­13­121.5.  Possession or use of cigarettes or tobacco products by minors. (1)  ANY PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE AND WHO POSSESSES OR USES ANY CIGARETTES OR TOBACCO PRODUCTS, AS DEFINED IN SECTION 39­28.5­101 (5), C.R.S., COMMITS A CLASS 2 PETTY OFFENSE, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE OF NO MORE THAN ONE HUNDRED DOLLARS, OR THE COURT SHALL ALLOW SUCH PERSON TO PERFORM COMMUNITY SERVICE AND BE GRANTED CREDIT AGAINST THE FINE AND COURT COSTS AT THE RATE OF FIVE DOLLARS FOR EACH HOUR OF WORK PERFORMED. THE COURT MAY ALSO ORDER SUCH PERSON TO ATTEND A TOBACCO EDUCATION PROGRAM.

(2)  FOR THE PURPOSES OF THIS SECTION, "USES" MEANS LIGHTS, CHEWS, OR SMOKES ANY CIGARETTE OR TOBACCO PRODUCT.

(3) AFTER A PERSON HAS PAID ANY FINE, COMPLETED ANY COMMUNITY SERVICE ORDERED BY THE COURT, AND FULFILLED ALL OTHER ORDERS BY THE COURT IN CONNECTION WITH A VIOLATION OF THIS SECTION, ALL RECORDS OF OFFICIAL ACTION REGARDING A VIOLATION OF THIS SECTION KEPT PURSUANT TO PART 3 OF ARTICLE 72 OF TITLE 24, C.R.S., SHALL BE CLOSED TO PUBLIC INSPECTION EXCEPT BY THE PERSON NAMED IN THE RECORD, NOTWITHSTANDING THE PROVISIONS OF SECTION 24­72­304, C.R.S., AND SHALL NOT BE USED IN CONNECTION WITH ANY OTHER CRIMINAL, JUVENILE, CIVIL, OR ADMINISTRATIVE PROCEEDING.

SECTION 2.  Effective date ­ applicability.  This act shall take effect July 1, 1997, and shall apply to offenses committed on or after said date.

SECTION 3.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.