Bill would shift tobacco possession cases to juvenile court

JEFFERSON CITY, Mo. -- When a juvenile is accused of a serious crime such as murder, he or she has to be certified as an adult in order to face criminal charges. But when a juvenile is caught with a pack of smokes, the case is automatically referred to adult criminal court.

Because the offender is a juvenile, however, the judge has limited jurisdiction.

"There is nothing we can do with them," said Cape Girardeau County Associate Circuit Court Judge Gary Kamp. "If they don't show up to court, we can't issue an arrest warrant if they are under 17. It just seems ludicrous to put a 13-year-old in adult court."

Legislation heard by the House Crime Prevention and Public Safety Committee on Wednesday would shift tobacco possession cases involving those age 16 and under to juvenile court.

State Rep. Scott Lipke, the bill's sponsor, said adult courts aren't equipped to deal with such cases in a meaningful way and as a result many police officers don't bother writing citations to teen smokers.

"If an officer issues a ticket, they have to appear in adult court and pay a $5 fine," said Lipke, R-Jackson. "If they don't pay, the judge can't do anything. It is a matter better suited to be handled in juvenile court rather than adult criminal court."

Legal age of 18

The legal age for possessing tobacco in Missouri is 18.

Traffic violations are the only offenses where adult courts have automatic jurisdiction when juveniles are involved. However, Lipke said in traffic cases action can be taken against the offender's driver's license.

Kamp said juvenile court judges would have the power to order youthful offenders to perform community service or undergo education about the ill effects of smoking.

"To me, giving a kid 10 hours of community service to go out and clean a park is more meaningful than giving them a $5 fine they can't pay," Kamp said.

mpowers@semissourian.com

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