House Bill 824

AN ACT TO AMEND SECTION 97-32-9, MISSISSIPPI CODE OF 1972, TO PROHIBIT POSSESSION OF TOBACCO PRODUCTS BY MINORS; TO PROVIDE A CIVIL PENALTY FOR VIOLATIONS; TO REQUIRE EXPUNCTION OF RECORDS OF VIOLATIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-32-9, Mississippi Code of 1972, is amended as follows:

97-32-9. (1) No person under eighteen (18) years of age shall purchase or possess any tobacco product. No student of any high school, junior high school or elementary school shall possess tobacco on any educational property as defined in Section 97-37-17, Mississippi Code of 1972.

(2) If a minor is found by a court to be in violation of this section, the court may order the minor to perform up to three (3) hours of community service and to enroll in a tobacco education program.

(3) (a) Punishment ordered by the court under subsection (2) of this section is not a criminal offense and shall not be recorded as a criminal offense in the records of this state.

(b) All records of a proceeding under this section shall be permanently expunged from any record created or maintained by any agency, department, county or municipality.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.