DISTRICT COURT: TOBACCO OFFENSES - S.B. 539 (S-1): FLOOR ANALYSIS

Senate Bill 539 (Substitute S-1 as reported)

Sponsor: Senator Robert Geake

Committee: Judiciary

CONTENT

The bill would amend the Revised Judicature Act to give the district court concurrent jurisdiction over cases involving certain tobacco offenses committed by a minor. Currently, the Act specifies that the family division of the circuit court has sole and exclusive jurisdiction over cases involving juveniles.

Under the Michigan Penal Code, it is a misdemeanor punishable by a maximum fine of $50 to use a tobacco product on school property. The Youth Tobacco Act prohibits a person under 18 from possessing or smoking cigarettes or cigars; possessing, chewing, sucking, or inhaling chewing tobacco or tobacco snuff; or possessing or using tobacco in any other form, on a public highway, street, alley, park, or other land used for public purposes, or in a public place of business or amusement; the offense is a misdemeanor punishable by a fine of up to $50, and community service or participation in a health promotion and risk reduction program. Under the bill, the district court would have concurrent jurisdiction if either offense were committed by a minor.

The bill is tie-barred to Senate Bills 537 and 538.

MCL 600.1021 & 600.8311 - Legislative Analyst: S. Lowe

FISCAL IMPACT

The bill would have a minimal fiscal impact regarding court costs.

Date Completed: 11-14-97 - Fiscal Analyst: B. Bowerman

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.