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2013 Session

Budget Amendments - HB1500 (Member Request)

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Chief Patron: Herring
Penalties for Counterfeit Cigarettes

Item 389 #12h

Item 389 #12h

First Year - FY2013 Second Year - FY2014
Public Safety
Corrections, Department of FY2013 $0 FY2014 $50,000 GF

Language
Page 341, line 18, strike "$94,276,988" and insert "$94,326,988".
Page 344, line 17, insert:
"11.  To increase the penalties for the distribution or possession with the intent to distribute counterfeit cigarettes -- $50,000."


Explanation
(This amendment provides for the criminal bed space needs associated with increasing the penalty for the distribution of counterfeit cigarettes or the possession of counterfeit cigarettes with the intent to distribute them. Where the amount is fewer than 10 cartons of counterfeit cigarettes the penalty would be a Class 1 misdemeanor for a first offense and a Class 6 felony for any second or subsequent offense. Where the amount is 10 cartons of counterfeit cigarettes or more, the penalty would be a Class 6 felony. A Class 1 misdemeanor is punishable by up to 12 months in jail and a fine of not more than $2,500. A Class 6 felony is punishable by up to 5 years in prison or 12 months in jail and a fine of not more than $2,500. The amendment is subject to the adoption of House Bill 2056 by the 2013 Session of the General Assembly.)