SB1221 100TH GENERAL ASSEMBLY

LRB100 09102 AXK 19256 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1221

Introduced 2/7/2017, by Sen. Ira I. Silverstein

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1432 new

Amends the Illinois Vehicle Code. Defines the term, "smoking." Prohibits operation of a motor vehicle while a person is smoking in the vehicle and a person under the age of 18 is present in the vehicle. Provides that police officers may not stop or detain a motor vehicle or its driver for violation or suspected violation of this Section. Makes a violation of this Section a petty offense with a fine not to exceed $100.

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 11-1432 as follows:

(625 ILCS 5/11-1432 new)

Sec. 11-1432. Prohibit smoking in a motor vehicle with a minor present.

(a) For purposes of this Section:

"Smoking" means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance.

(b) A person shall not operate or be in actual physical control of a motor vehicle while a person in the motor vehicle is smoking if a person under 18 years of age is in the motor vehicle. This provision does not apply to the operator of a motorcycle or a motor vehicle with a convertible or removable roof in top-down, topless, or open air mode.

(c) A police officer may not stop or detain a motor vehicle or its driver solely for a violation or suspected violation of this Section.

(d) A violation of this Section is a petty offense with a fine not to exceed $100.