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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2724 Introduced , by Rep. David A. Welter SYNOPSIS AS INTRODUCED:
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Amends the Illinois Vehicle Code. Provides that 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. 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 new provisions. Provides that a violation is a petty offense with a maximum fine of $100. Provides that motorcycles and convertible motor vehicles in open-air or top down mode are exempt from this provision.
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| | A BILL FOR |
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| | HB2724 | | LRB101 07385 TAE 52425 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by adding |
| 5 | | Section 11-1432 as follows:
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| 6 | | (625 ILCS 5/11-1432 new) |
| 7 | | Sec. 11-1432. Prohibit smoking in a motor vehicle with a |
| 8 | | minor present. |
| 9 | | (a) For purposes of this Section: |
| 10 | | "Smoking" means to inhale, exhale, burn, or carry a lighted |
| 11 | | cigarette, cigar, pipe, weed, plant, regulated narcotic, or |
| 12 | | other combustible substance. |
| 13 | | (b) A person shall not operate or be in actual physical |
| 14 | | control of a motor vehicle while a person in the motor vehicle |
| 15 | | is smoking if a person under 18 years of age is in the motor |
| 16 | | vehicle. This Section does not apply to the operator of a |
| 17 | | motorcycle or a motor vehicle with a convertible or removable |
| 18 | | roof in top-down, topless, or open air mode. |
| 19 | | (c) A police officer may not stop or detain a motor vehicle |
| 20 | | or its driver solely for a violation or suspected violation of |
| 21 | | this Section. |
| 22 | | (d) A violation of this Section is a petty offense with a |
| 23 | | fine not to exceed $100. |