S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9879
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to making it unlawful
   for a person under the age of twenty-one to possess tobacco and vaping
   products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Article 13-F of the public health law is amended by adding
 a new section 1399-mm-4 to read as follows:
   § 1399-MM-4. UNLAWFUL POSSESSION OF  TOBACCO  OR  VAPING  PRODUCTS  BY
 PERSONS  UNDER  THE  AGE  OF  TWENTY-ONE YEARS. 1.   EXCEPT AS OTHERWISE
 PROVIDED IN THIS SECTION, NO PERSON UNDER THE AGE  OF  TWENTY-ONE  YEARS
 SHALL POSSESS ANY TOBACCO OR VAPING PRODUCT.
   2. ANY PERSON WHO UNLAWFULLY POSSESSES A TOBACCO OR VAPING PRODUCT MAY
 BE  SUMMONED  BEFORE AND EXAMINED BY A COURT HAVING JURISDICTION OF THAT
 CHARGE; PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL  AUTHORIZE
 OR  BE  CONSTRUED  TO  AUTHORIZE A PEACE OFFICER, A POLICE OFFICER OR AN
 ENFORCEMENT OFFICER TO ARREST A PERSON WHO UNLAWFULLY POSSESSES A TOBAC-
 CO OR VAPING PRODUCT.  IF A DETERMINATION IS MADE SUSTAINING SUCH CHARGE
 THE COURT MAY IMPOSE A CIVIL FINE NOT  EXCEEDING  FIFTY  DOLLARS  AND/OR
 COMPLETION  OF  A  TOBACCO  AWARENESS  PROGRAM  IF SUCH PROGRAM IS BEING
 OFFERED AND/OR AN APPROPRIATE AMOUNT OF COMMUNITY SERVICE NOT TO  EXCEED
 THIRTY HOURS.
   3.  NO  SUCH  DETERMINATION SHALL OPERATE AS A DISQUALIFICATION OF ANY
 SUCH PERSON SUBSEQUENTLY TO HOLD PUBLIC OFFICE, PUBLIC EMPLOYMENT OR  AS
 A FORFEITURE OF ANY RIGHT OR PRIVILEGE OR TO RECEIVE ANY LICENSE GRANTED
 BY  PUBLIC AUTHORITY; AND NO SUCH PERSON SHALL BE DENOMINATED A CRIMINAL
 BY REASON OF SUCH DETERMINATION, NOR SHALL SUCH DETERMINATION BE  DEEMED
 A CONVICTION.
   4.  WHENEVER A PEACE OFFICER, POLICE OFFICER OR AN ENFORCEMENT OFFICER
 SHALL  OBSERVE  A  PERSON  UNDER  TWENTY-ONE  YEARS  OF  AGE  OPENLY  IN
 POSSESSION  OF  A  TOBACCO OR VAPING PRODUCT, SUCH OFFICER MAY SEIZE THE
 TOBACCO OR VAPING PRODUCT AND SHALL DELIVER IT TO THE CUSTODY OF HIS  OR
 HER DEPARTMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06025-01-1
 A. 9879                             2
 
   5.  ANY  TOBACCO OR VAPING PRODUCT SEIZED IN VIOLATION OF THIS SECTION
 IS HEREBY DECLARED A NUISANCE. THE  OFFICIAL  TO  WHOM  THE  TOBACCO  OR
 VAPING  PRODUCT  HAS  BEEN  DELIVERED  SHALL, NO EARLIER THAN THREE DAYS
 FOLLOWING THE RETURN DATE FOR INITIAL APPEARANCE ON THE SUMMONS, DISPOSE
 OF  OR  DESTROY  THE  TOBACCO OR VAPING PRODUCT SEIZED OR CAUSE IT TO BE
 DISPOSED OF OR DESTROYED. ANY PERSON CLAIMING OWNERSHIP OF A TOBACCO  OR
 VAPING PRODUCT SEIZED UNDER THIS SECTION MAY, ON THE INITIAL RETURN DATE
 OF THE SUMMONS OR EARLIER ON FIVE DAYS NOTICE TO THE OFFICIAL OR DEPART-
 MENT  IN POSSESSION OF THE TOBACCO OR VAPING PRODUCT, APPLY TO THE COURT
 FOR AN ORDER PREVENTING THE DESTRUCTION OR DISPOSAL OF  THE  TOBACCO  OR
 VAPING  PRODUCT SEIZED AND ORDERING THE RETURN OF THAT TOBACCO OR VAPING
 PRODUCT. THE COURT MAY ORDER THE TOBACCO OR VAPING PRODUCT  RETURNED  IF
 IT  IS  DETERMINED THAT RETURN OF THE TOBACCO OR VAPING PRODUCT WOULD BE
 IN THE INTEREST OF JUSTICE OR THAT THE TOBACCO  OR  VAPING  PRODUCT  WAS
 IMPROPERLY SEIZED.
   6.  FOR PURPOSES OF THIS SECTION, "VAPING PRODUCTS" SHALL MEAN THE USE
 OF AN ELECTRONIC CIGARETTE OR ANY PRODUCTS ASSOCIATED WITH  THE  USE  OF
 SUCH.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.