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.


LRB100 09102 AXK 19256 b

 

 

A BILL FOR

 

SB1221LRB100 09102 AXK 19256 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    "Smoking" means to inhale, exhale, burn, or carry a lighted
11cigarette, cigar, pipe, weed, plant, regulated narcotic, or
12other combustible substance.
13    (b) A person shall not operate or be in actual physical
14control of a motor vehicle while a person in the motor vehicle
15is smoking if a person under 18 years of age is in the motor
16vehicle. This provision does not apply to the operator of a
17motorcycle or a motor vehicle with a convertible or removable
18roof in top-down, topless, or open air mode.
19    (c) A police officer may not stop or detain a motor vehicle
20or its driver solely for a violation or suspected violation of
21this Section.
22    (d) A violation of this Section is a petty offense with a
23fine not to exceed $100.