ASSEMBLY, No. 2490
STATE OF NEW JERSEY
INTRODUCED NOVEMBER 7, 1996
By Assemblymen WISNIEWSKI, KELLY, Barnes, Assemblywomen Friscia, Farragher, Assemblymen Impreveduto, Caraballo, Green, Assemblywomen Allen, Buono, J.Smith, Assemblymen Arnone and Stanley
An Act concerning the possession and purchase of cigarette papers by persons under the age of 18, supplementing Title 2A of the New Jersey Statutes and amending N.J.S.2A:170-51.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Any person under the age of 18 who possesses any cigarette paper in any public place shall be fined $100 for the first offense, $250 for the second offense, and $500 for the third and each subsequent offense.
b. When a person under the age of 18 is convicted of a third offense, the court shall also suspend or postpone the driving privilege of the defendant for one year. Upon the conviction of any person for their third offense under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver’s license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
2. N.J.S.2A:170-51 is amended to read as follows:
2A:170-51. a. Any person who directly or indirectly, acting as agent or otherwise, distributes for commercial purposes at no cost or at minimal cost or with coupons or rebate offers or sells, gives or furnishes to a minor under the age of 18 years, any cigarettes made of tobacco or of any other matter or substance which can be smoked, or any cigarette paper or tobacco in any form, including smokeless tobacco, either from a vending machine or by retail counter sales, is liable to a civil penalty of $250 for the first violation, $500 for the second violation and $1,000 for the third and each subsequent violation. In addition, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation may suspend or, after a second or subsequent violation, revoke the license issued under section 202 of P.L.1948, c.65 (C.54:40A-4) of a retail dealer. The licensee shall be subject to administrative charges based on a schedule issued by the Director of the Division of Taxation which may provide for a fine in lieu of the suspension.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser of the tobacco product or person receiving a promotional sample falsely represented, by producing either a driver's license or non-driver identification card issued by the Division of Motor Vehicles, a similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification card issued by a county clerk, that he was of legal age to make the purchase or receive the sample;
(2) that the appearance of the purchaser of the tobacco product or person receiving a promotional sample was such that an ordinary prudent person would believe him to be of legal age to make the purchase or receive the sample; and
(3) that the sale or distribution was made in good faith, relying upon the production of the identification in paragraph (1), the minor's appearance, and in the reasonable belief that the purchaser or recipient was actually of legal age to make the purchase or receive the sample.
c. Any person under the age of 18 years who purchases, attempts to purchase, or misrepresents his age for the purpose of purchasing any cigarette paper shall be punished by a fine of not more than $100.
(cf: P.L.1995, c.304, s.1)
3. This act shall take effect immediately.
This bill prohibits the use or possession of cigarette rolling papers by persons under the age of 18. A violator would be fined $100 for the first offense, $250 for the second offense, and $500 for the third or subsequent offense. In addition, a third or subsequent offender would have his driver's license suspended or postponed for one year.
This bill also makes it unlawful for a person less than 18 years of age to purchase, attempt to purchase, or misrepresent his age for the purpose of purchasing any cigarette rolling papers. A fine of not more than $100 would be imposed for this violation.
Prohibits persons under 18 from possessing and purchasing cigarette rolling papers.