Bill Text: MI SB0074 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; penalties; penalties for selling tobacco product to minor; increase. Amends secs. 1 & 2 of 1915 PA 31 (MCL 722.641 & 722.642).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-08 - Referred To Committee Of The Whole With Substitute S-1 [SB0074 Detail]
Download: Michigan-2017-SB0074-Introduced.html
SENATE BILL No. 74
January 31, 2017, Introduced by Senators BIEDA, JONES and ROCCA and referred to the Committee on Judiciary.
A bill to amend 1915 PA 31, entitled
"Youth tobacco act,"
by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended
by 2006 PA 236.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A person shall not sell, give, or furnish a
tobacco product to a minor. A person who violates this subsection
is guilty of a misdemeanor punishable by a fine of not more than
$50.00
$100.00 for each a first violation and not more than $500.00
for a second or subsequent violation.
(2) A person who sells tobacco products at retail shall post,
in a place close to the point of sale and conspicuous to both
employees and customers, a sign produced by the department of
community
health and human services that includes the following
statement:
"The purchase of tobacco products by a minor under 18 years of
age and the provision of tobacco products to a minor are prohibited
by law. A minor unlawfully purchasing or using tobacco products is
subject to criminal penalties.".
(3) If the sign required under subsection (2) is more than 6
feet
from the point of sale, it shall must be 5-1/2 inches by
8-1/2
inches
and the statement required under subsection (2) shall must
be printed in 36-point boldfaced type. If the sign required under
subsection
(2) is 6 feet or less from the point of sale, it shall
must be 2 inches by 4 inches and the statement required under
subsection
(2) shall must be printed in 20-point boldfaced type.
(4)
The department of community health and human services
shall produce the sign required under subsection (2) and have
adequate copies of the sign ready for distribution free of charge
to licensed wholesalers, secondary wholesalers, and unclassified
acquirers
of tobacco products. free of charge. Licensed
wholesalers, secondary wholesalers, and unclassified acquirers of
tobacco products shall obtain copies of the sign from the
department
of community health and
human services and distribute
them free of charge, upon request, to persons who are subject to
subsection
(2). The department of community health and human
services shall provide copies of the sign free of charge, upon
request, to persons subject to subsection (2) who do not purchase
their supply of tobacco products from wholesalers, secondary
wholesalers, and unclassified acquirers of tobacco products
licensed under the tobacco products tax act, 1993 PA 327, MCL
205.421 to 205.436.
(5) It is an affirmative defense to a charge under subsection
(1) that the defendant had in force at the time of arrest and
continues to have in force a written policy to prevent the sale of
tobacco products to persons under 18 years of age and that the
defendant enforced and continues to enforce the policy. A defendant
who proposes to offer evidence of the affirmative defense described
in
this subsection shall file and serve notice of the defense, in
writing,
upon with the court and serve a copy of the notice on the
prosecuting
attorney. The defendant shall
serve the notice shall be
served
not less than 14 days before the
date set for trial.
(6) A prosecuting attorney who proposes to offer testimony to
rebut the affirmative defense described in subsection (5) shall
file
and serve a notice of rebuttal, in writing, upon with the
court
and serve a copy of the notice on
the defendant. The notice
shall
be served prosecuting
attorney shall serve the notice not
less
than 7 days before the date set for trial and shall contain
include in the notice the name and address of each rebuttal
witness.
(7) Subsection (1) does not apply to the handling or
transportation of a tobacco product by a minor under the terms of
that minor's employment.
Sec. 2. (1) Subject to subsection (3), a minor shall not do
any of the following:
(a) Purchase or attempt to purchase a tobacco product.
(b) Possess or attempt to possess a tobacco product.
(c) Use a tobacco product in a public place.
(d) Present or offer to an individual a purported proof of age
that is false, fraudulent, or not actually his or her own proof of
age for the purpose of purchasing, attempting to purchase,
possessing, or attempting to possess a tobacco product.
(2) An individual who violates subsection (1) is guilty of a
misdemeanor
punishable by a fine of not more than $50.00 $100.00
for
each a first violation and
not more than $500.00 for a second
or
subsequent violation. Pursuant to a
probation order, the The
court may also, by an order of probation, require an individual who
violates subsection (1) to participate in a health promotion and
risk reduction assessment program, if available. An individual who
is ordered to participate in a health promotion and risk reduction
assessment program under this subsection is responsible for the
costs of participating in the program. In addition, an individual
who violates subsection (1) is subject to the following:
(a) For the first violation, the court may order the
individual to do 1 of the following:
(i) Perform not more than 16 hours of community service in a
hospice, nursing home, or long-term care facility.
(ii) Participate in a health promotion and risk reduction
program, as described in this subsection.
(b) For a second violation, in addition to participation in a
health promotion and risk reduction program, the court may order
the individual to perform not more than 32 hours of community
service in a hospice, nursing home, or long-term care facility.
(c) For a third or subsequent violation, in addition to
participation in a health promotion and risk reduction program, the
court may order the individual to perform not more than 48 hours of
community service in a hospice, nursing home, or long-term care
facility.
(3) Subsection (1) does not apply to a minor participating in
any of the following:
(a) An undercover operation in which the minor purchases or
receives a tobacco product under the direction of the minor's
employer and with the prior approval of the local prosecutor's
office as part of an employer-sponsored internal enforcement
action.
(b) An undercover operation in which the minor purchases or
receives a tobacco product under the direction of the state police
or a local police agency as part of an enforcement action, unless
the initial or contemporaneous purchase or receipt of the tobacco
product by the minor was not under the direction of the state
police or the local police agency and was not part of the
undercover operation.
(c) Compliance checks in which the minor attempts to purchase
tobacco products for the purpose of satisfying federal substance
abuse block grant youth tobacco access requirements, if the
compliance checks are conducted under the direction of a substance
abuse
coordinating agency as defined in section 6103 of the public
health
code, 1978 PA 368, MCL 333.6103, and
with the prior approval
of the state police or a local police agency.
(4) Subsection (1) does not apply to the handling or
transportation of a tobacco product by a minor under the terms of
that minor's employment.
(5) This section does not prohibit the individual from being
charged with, convicted of, or sentenced for any other violation of
law arising out of the violation of subsection (1).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
