101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. David A. Welter
SYNOPSIS AS INTRODUCED:
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.
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 Section 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.