H-2025.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1386

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Chandler, Hansen, Van Luven, Mielke, Valle, Ludwig, Padden, Foreman, Shin, Brough, Campbell, Edmondson, Springer, Flemming and Tate)

Read first time 03/03/93.

Making it unlawful for a minor to purchase, possess, or use tobacco.

          AN ACT Relating to tobacco products; adding new sections to chapter 26.28 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  It is unlawful for a person under the age of eighteen to purchase a tobacco product.  After August 31, 1993, a person under eighteen years of age who purchases or attempts to purchase a tobacco product is guilty of a misdemeanor under RCW 9A.20.021.

NEW SECTION. Sec. 2.  (1) It is unlawful for a person under the age of eighteen to possess or use a tobacco product.  It is a class 4 civil infraction under chapter 7.80 RCW for a person under eighteen years of age to possess or use a tobacco product.

          (2) A law enforcement officer may confiscate tobacco products found in the possession of a person under eighteen years of age and issue a  warning.  After August 31, 1993, a law enforcement officer may confiscate products found in the possession of a person under eighteen years of age and issue a notice of infraction.  Tobacco products confiscated under this section shall be destroyed by the law enforcement agency involved in the confiscation.  For purposes of this section, "law enforcement officer" means city, county, or state law enforcement personnel.

          (3) The principal, or principal's designee, of any public school operated under Title 28A RCW may confiscate tobacco products found in the possession of any person under the age of eighteen on school property, including a school bus.

NEW SECTION. Sec. 3.  Sections 1 and 2 of this act are each added to chapter 26.28 RCW.

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