HB0889 96TH GENERAL ASSEMBLY

LRB096 03873 AJT 13907 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0889

Introduced 2/10/2009, by Rep. Mike Boland

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1431 new

Amends the Illinois Vehicle Code. Provides that a person may not smoke in a vehicle while a child 8 years of age or younger is in the vehicle, and a violation is a petty offense punishable by a fine of not more than $25. Provides that a violation may not be considered evidence of negligence, does not limit the liability of an insurer, and does not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. Provides that a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of the provision. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 11-1431 as follows:

(625 ILCS 5/11-1431 new)

Sec. 11-1431. No smoking with young children in the vehicle.

(a) A person may not smoke in a vehicle if any person in the vehicle is a child 8 years of age or younger.

(b) A violation of this Section may not be considered evidence of negligence, does not limit the liability of an insurer, and does not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

(c) A violation of this Section is a petty offense punishable by a fine of not more than $25.

(d) A law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section.

Section 99. Effective date. This Act takes effect upon becoming law.