HOUSE BILL No. 5873


     May 19, 1998, Introduced by Rep. Griffin and referred to the Committee on Health Policy.


        A bill to amend 1915 PA 31, entitled

   "Youth tobacco act,"

   (MCL 722.641 to 722.645) by adding section 2b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2B.  (1) A PERSON UNDER 18 YEARS OF AGE SHALL NOT

 2    ATTEMPT TO PURCHASE CIGARETTES, CIGARS, CHEWING TOBACCO, TOBACCO

 3    SNUFF, OR TOBACCO IN ANY OTHER FORM.  A PERSON WHO VIOLATES THIS

 4    SUBSECTION IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY A FINE OF

 5    NOT MORE THAN $50.00 FOR EACH OFFENSE.

 6         (2) PURSUANT TO A PROBATION ORDER, THE COURT MAY REQUIRE A

 7    PERSON WHO VIOLATES SUBSECTION (1) TO PARTICIPATE IN A HEALTH

 8    PROMOTION AND RISK REDUCTION ASSESSMENT PROGRAM, IF AVAILABLE.  A

 9    PROBATIONER WHO IS ORDERED TO PARTICIPATE IN A HEALTH PROMOTION

10    AND RISK REDUCTION ASSESSMENT PROGRAM UNDER THIS SECTION IS

11    RESPONSIBLE FOR THE COSTS OF PARTICIPATING IN THE PROGRAM.


   05992'98                                                 LTB
                                              2

 1         (3) IN ADDITION TO ANY OTHER PENALTIES DESCRIBED IN THIS

 2    SECTION, A PERSON WHO VIOLATES SUBSECTION (1) IS SUBJECT TO THE

 3    FOLLOWING:

 4         (A) FOR THE FIRST VIOLATION, THE COURT MAY ORDER THE PERSON

 5    TO PERFORM NOT MORE THAN 16 HOURS OF COMMUNITY SERVICE IN A HOS-

 6    PICE, NURSING HOME, OR HOSPITAL LONG-TERM CARE FACILITY.

 7         (B) FOR A SECOND VIOLATION, THE COURT MAY ORDER THE PERSON

 8    TO PERFORM NOT MORE THAN 32 HOURS OF COMMUNITY SERVICE IN A HOS-

 9    PICE, NURSING HOME, OR HOSPITAL LONG-TERM CARE FACILITY.

10         (C) FOR A THIRD OR SUBSEQUENT VIOLATION, THE COURT MAY ORDER

11    THE PERSON TO PERFORM NOT MORE THAN 48 HOURS OF COMMUNITY SERVICE

12    IN A HOSPICE, NURSING HOME, OR HOSPITAL LONG-TERM CARE FACILITY.
































   05992'98          Final page.                            LTB