101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2276

 

Introduced , by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1432 new

    Amends the Illinois Vehicle Code. Provides that a person shall not smoke in a motor vehicle containing a person under 18 years of age, regardless of whether the vehicle is in motion, at rest, or has its windows down. Defines smoking as inhaling, exhaling, burning, or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance. Provides that a police officer may not stop a motor vehicle solely for a violation of the Section. Provides that a violation is a petty offense with a maximum fine of $100 and that, for a second or subsequent offense, the fine is not to exceed $250.


LRB101 08230 TAE 53296 b

 

 

A BILL FOR

 

HB2276LRB101 08230 TAE 53296 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 11-1432 as follows:
 
6    (625 ILCS 5/11-1432 new)
7    Sec. 11-1432. Prohibit smoking in a motor vehicle with a
8minor present.
9    (a) For purposes of this Section:
10    "Smoke" means to inhale, exhale, burn, or carry a lighted
11cigarette, cigar, pipe, weed, plant, regulated narcotic, or
12other combustible substance.
13    "Vehicle" has the same meaning as defined in Section 1-217
14of this Code and does not include motorcycles as defined in
15Section 1-147.
16    (b) A person shall not smoke in a motor vehicle, whether it
17is in motion or at rest, if a person under 18 years of age is in
18the vehicle, regardless of whether the vehicle's windows are
19open.
20    (c) A police officer may not stop or detain a motor vehicle
21or its driver nor inspect or search the vehicle, the contents
22of the vehicle, or the operator or passenger of the vehicle
23solely for a violation or suspected violation of this Section.

 

 

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1    (d) A violation of this Section is a petty offense
2punishable by a fine not to exceed $100 and, for a second or
3subsequent offense, a fine not to exceed $250.