Center for Safe Schools, Center for Safe Schools - Home Center for Safe Schools

Home Key Safe Schools Legislation Act 145 of 1997 (No Tobacco)

Act 145 of 1997 (No Tobacco)

Use of tobacco in schools prohibited
Senate Bill No. 1315 
Signed into law December 4, 1996
Effective Date February 3, 1997

The Center for Safe Schools is providing excerpts of recently enacted legislation that relate to school safety.  None of this information should be substituted for discussions and consultation with your district solicitor.  The information is provided as a resource.

Use of tobacco in schools prohibited
Section 6306.1

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 24 Pa. C.S. Section 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 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 the Act of March 10, 1949 (P.L. 30, No. 14), known as the Public School Code of 1949, including area vocational-technical schools and intermediate units.

"Tobacco." A lighted or unlighted cigarette, cigar, pipe or other lighted smoking product and smokeless tobacco in any form.