Bill would restore juvenile court authority over young smokers

In adult court, a young offender can pay a fine without parents knowing a ticket was issued.

JEFFERSON CITY, Mo. -- When the Missouri Legislature stripped juvenile courts of jurisdiction over tobacco possession offenses a few years ago, juvenile officer Michael Davis said most of his colleagues felt it was a mistake. Now that lawmakers are reversing course, Davis said he is hopeful it improve efforts to combat underage tobacco use.

A provision of an omnibus crime bill the legislature passed last month allows tobacco possession citations issued to those under age 17 to be handled in juvenile court. Such matters are currently heard in adult criminal court under a 1999 law.

In adult court, a young offender can simply show up and pay a fine and court costs without his or her parents ever knowing a ticket had been issued, said Davis, the juvenile officer for Stoddard and Dunklin counties. Juvenile court is better place to handle tobacco offenses, Davis said, because it ensures the involvement of the offender's parents in the process and includes counseling on the health risks of smoking and use of other tobacco products.

"To me that was always a better take than a $5 fine and $75 court costs," Davis said. "You hit them in their pocket book, but you're not getting through to them."

State Rep. Scott Lipke, the bill's sponsor, said adult courts are ill-equipped to deal with underage smokers in any meaningful way. Many young offenders know that criminal court judges have limited jurisdiction over juveniles and take advantage of that fact to avoid consequences, said Lipke, R-Jackson.

"With these kids that are in adult court, if they won't pay the fine, the judge can't throw them in jail," Lipke said. "Juvenile courts are more suited to deal with that age group."

The legal age for possessing tobacco in Missouri is 18.

Although Lipke originally wanted to take adult courts completely out of the mix in tobacco cases involving juveniles, he said a few lawmakers felt such courts were adequately addressing the issue in their areas. As a compromise, the bill's leaves it to local discretion as to whether tobacco possession cases are referred to adult or juvenile court.

Gov. Matt Blunt hasn't yet acted on the measure, which includes numerous crime-related provisions.

The bill is HB 353.

mpowers@semissourian.com

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