Pennsylvania Act 1996-145 — CRIMES CODE (18 PA.C.S.) - AMEND PROHIBIT TOBACCO IN SCHOOLS

Act text

CRIMES CODE (18 PA.C.S.) - AMEND PROHIBIT TOBACCO IN SCHOOLS
                  Act of Dec. 4, 1996, P.L. 902, No. 145              Cl. 18
                             Session of 1996
                               No. 1996-145

     SB 1315

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for deceptive
        business practices; and prohibiting use of tobacco in
        schools.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 4107 heading, (a) and (c) of Title 18 of
     the Pennsylvania Consolidated Statutes are amended and the
     section is amended by adding subsections to read:
      § 4107.  Deceptive or fraudulent business practices.
        (a)  Offense defined.--A person commits [a misdemeanor of the
     second degree] an offense if, in the course of business, he:
            (1)  uses or possesses for use a false weight or measure,
        or any other device for falsely determining or recording any
        quality or quantity;
            (2)  sells, offers or exposes for sale, or delivers less
        than the represented quantity of any commodity or service;
            (3)  takes or attempts to take more than the represented
        quantity of any commodity or service when as buyer he
        furnishes the weight or measure;
            (4)  sells, offers or exposes for sale adulterated or
        mislabeled commodities[;]. As used in this paragraph, the
        term "adulterated" means varying from the standard of
        composition or quality prescribed by or pursuant to any
        statute providing criminal penalties for such variance, or
        set by established commercial usage. As used in this
        paragraph, the term "mislabeled" means varying from the
        standard of trust or disclosure in labeling prescribed by or
        pursuant to any statute providing criminal penalties for such
        variance or set by established commercial usage;
            (5)  makes a false or misleading statement in any
        advertisement addressed to the public or to a substantial
        segment thereof for the purpose of promoting the purchase or
        sale of property or services;
            (6)  makes a false or misleading written statement for
        the purpose of obtaining property or credit; [or]
            (7)  makes a false or misleading written statement for
        the purpose of promoting the sale of securities, or omits
        information required by law to be disclosed in written
        documents relating to securities[.];
            (8)  makes a false or misleading material statement to
        induce an investor to invest in a business venture. The
        offense is complete when any false or misleading material
        statement is communicated to an investor regardless of
        whether any investment is made. For purposes of grading, the
        "amount involved" is the amount or value of the investment
        solicited or paid, whichever is greater. As used in this
        paragraph, the following words and phrases shall mean:
        "Amount" as used in the definition of "material statement,"
        includes currency values and comparative expressions of
        value, including, but not limited to, percentages or
        multiples. "Business venture" means any venture represented
        to an investor as one where he may receive compensation
        either from the sale of a product, from the investment of
        other investors or from any other commercial enterprise.
        "Compensation" means anything of value received or to be
        received by an investor. "Invest" means to pay, give or lend
        money, property, service, or other thing of value for the
        opportunity to receive compensation. The term also includes
        payment for the purchase of a product. "Investment" means the
        money, property, service or other thing of value paid or
        given, or to be paid or given, for the opportunity to receive
        compensation. "Investor" means any natural person,
        partnership, corporation, limited liability company, business
        trust, other association, government entity, estate, trust,
        foundation or other entity solicited to invest in a business
        venture, regardless of whether any investment is made.
        "Material statement" means a statement about any matter which
        could affect an investor's decision to invest in a business
        venture including, but not limited to, statements about:
                (i)  the existence, value, availability or
            marketability of a product;
                (ii)  the number of former or current investors, the
            amount of their investments or the amount of their former
            or current compensation;
                (iii)  the available pool or number of prospective
            investors, including those who have not yet been
            solicited and those who already have been solicited but
            have not yet made an investment;
                (iv)  representations of future compensation to be
            received by investors or prospective investors; or
                (v)  the source of former, current or future
            compensation paid or to be paid to investors or
            prospective investors.
        "Product" means a good, a service or other tangible or
        intangible property of any kind; or
            (9)  obtains or attempts to obtain property of another by
        false or misleading representations made through
        communications conducted in whole or in part by telephone
        involving the following:
                (i)  express or implied claims that the person
            contacted has won or is about to win a prize;
                (ii)  express or implied claims that the person
            contacted may be able to recover any losses suffered in
            connection with a prize promotion; or
                (iii)  express or implied claims regarding the value
            of goods or services offered in connection with a prize
            or a prize promotion.
        As used in this paragraph, the term "prize" means anything of
        value offered or purportedly offered. The term "prize
        promotion" means an oral or written express or implied
        representation that a person has won, has been selected to
        receive or may be eligible to receive a prize or purported
        prize.
        (a.1)  Grading of offenses.--
            (1)  A violation of this section constitutes:
                (i)  a felony of the third degree if the amount
            involved exceeds $2,000;
                (ii)  a misdemeanor of the first degree if the amount
            involved is $200 or more but $2,000 or less;
                (iii)  a misdemeanor of the second degree if the
            amount involved is less than $200; or
                (iv)  when the amount involved cannot be
            satisfactorily ascertained, the offense constitutes a
            misdemeanor of the second degree.
            (2)  Amounts involved in deceptive or fraudulent business
        practices pursuant to one scheme or course of conduct,
        whether from the same person or several persons, may be
        aggregated in determining the grade of the offense.
            (3)  Where a person commits an offense under subsection
        (a) and the victim of the offense is 60 years of age or
        older, the grading of the offense shall be one grade higher
        than specified in paragraph (1).
        (a.2)  Jurisdiction.--
            (1)  The district attorneys of the several counties shall
        have the authority to investigate and to institute criminal
        proceedings for any violation of this section.
            (2)  In addition to the authority conferred upon the
        Attorney General by the act of October 15, 1980 (P.L.950,
        No.164), known as the Commonwealth Attorneys Act, the
        Attorney General shall have the authority to investigate and
        to institute criminal proceedings for any violation of this
        section or any series of such violations involving more than
        one county of this Commonwealth or involving any county of
        this Commonwealth and another state. No person charged with a
        violation of this section by the Attorney General shall have
        standing to challenge the authority of the Attorney General
        to investigate or prosecute the case, and, if any such
        challenge is made, the challenge shall be dismissed and no
        relief shall be available in the courts of this Commonwealth
        to the person making the challenge.
        * * *
        [(c)  Definitions.--As used in this section the following
     words shall have the meanings given to them in this subsection:
        "Adulterated."  Varying from the standard of composition or
     quality prescribed by or pursuant to any statute providing
     criminal penalties for such variance, or set by established
     commercial usage.
        "Mislabeled."  Varying from the standard of trust or
     disclosure in labeling prescribed by or pursuant to any statute
     providing criminal penalties for such variance, or set by
     established commercial usage.]
        Section 2.  Title 18 is amended by adding a section to read:
      § 6306.1.  Use of tobacco in schools prohibited.
        (a)  Offense defined.--A pupil who possesses or uses tobacco
     in a school building, a school bus or on school property owned
     by, leased by or under the control of a school district commits
     a summary offense.
        (b)  Grading.--A pupil who commits an offense under this
     section shall be subject to prosecution initiated by the local
     school district and shall, upon conviction, be sentenced to pay
     a fine of not more than $50 for the benefit of the school
     district in which such offending pupil resides, and to pay court
     costs. When a pupil is charged with violating subsection (a),
     the court may admit the offender to an adjudication alternative
     as authorized under 42 Pa.C.S. § 1520 (relating to adjudication
     alternative program) in lieu of imposing the fine.
        (c)  Nature of offense.--A summary offense under this section
     shall not be a criminal offense of record, shall not be
     reportable as a criminal act and shall not be placed on the
     criminal record of the offending school-age person if any such
     record exists.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Pupil."  A person between the ages of 6 and 21 years who is
     enrolled in school.
        "School."  A school operated by a joint board, board of
     directors or school board where pupils are enrolled in
     compliance with Article XIII of the act of March 10, 1949
     (P.L.30, No.14), known as the Public School Code of 1949,
     including area vocational schools and intermediate units.
        "Tobacco."  A lighted or unlighted cigarette, cigar, pipe or
     other lighted smoking product and smokeless tobacco in any form.
        Section 3.  Section 3.5 of the act of April 27, 1927
     (P.L.465, No.299), referred to as the Fire and Panic Act, is
     repealed insofar as it is inconsistent with the requirements of
     section 6306.1.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 4th day of December, A. D. 1996.

     THOMAS J. RIDGE