100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced 2/7/2017, by Sen. Ira I. Silverstein
SYNOPSIS AS INTRODUCED:
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
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Illinois Vehicle Code is amended by adding
Section 11-1432 as follows:
(625 ILCS 5/11-1432 new)
Prohibit smoking in a motor vehicle with a
(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
(d) A violation of this Section is a petty offense with a
fine not to exceed $100.