HB2276 101ST GENERAL ASSEMBLY

LRB101 08230 TAE 53296 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2276

Introduced , by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1432 new

Amends the Illinois Vehicle Code. Provides that a person shall not smoke in a motor vehicle containing a person under 18 years of age, regardless of whether the vehicle is in motion, at rest, or has its windows down. 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 Section. Provides that a violation is a petty offense with a maximum fine of $100 and that, for a second or subsequent offense, the fine is not to exceed $250.

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:

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

"Vehicle" has the same meaning as defined in Section 1-217 of this Code and does not include motorcycles as defined in Section 1-147.

(b) A person shall not smoke in a motor vehicle, whether it is in motion or at rest, if a person under 18 years of age is in the vehicle, regardless of whether the vehicle's windows are open.

(c) A police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this Section.

(d) A violation of this Section is a petty offense punishable by a fine not to exceed $100 and, for a second or subsequent offense, a fine not to exceed $250.