45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO TOBACCO PRODUCTS; PRESCRIBING PENALTIES FOR A MINOR IN POSSESSION OF TOBACCO PRODUCTS; ENACTING A NEW SECTION OF THE TOBACCO PRODUCTS ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Tobacco Products Act is enacted to read:

"[NEW MATERIAL] MINOR IN POSSESSION OF TOBACCO PRODUCTS--PENALTIES.--

A. A minor shall not be in possession of tobacco products.

B. A violation of the provisions of Subsection A of this section is a misdemeanor and the offender shall be punished as follows:

(1) for a first violation, the offender shall be:

(a) fined an amount not more than one thousand dollars ($1,000); and

(b) ordered by the sentencing court to perform thirty hours of community service with a tobacco cessation and prevention program;

(2) for a second violation, the offender shall:

(a) be fined an amount not more than one thousand dollars ($1,000);

(b) be ordered by the sentencing court to perform forty hours of community service with a tobacco cessation and prevention program; and

(c) have his driver's license suspended for a period of ninety days. If the minor is too young to possess a driver's license at the time of the violation, then ninety days shall be added to the date he would otherwise become eligible to obtain a driver's license; and

(3) for a third or subsequent violation, the offender shall:

(a) be fined an amount not more than one thousand dollars ($1,000);

(b) be ordered by the sentencing court to perform sixty hours of community service with a tobacco cessation and prevention program; and

(c) have his driver's license suspended for a period of two years or until the offender reaches twenty-one years of age, whichever period of time is greater."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.