H.B. 89

1

PROTECTION OF CHILDREN RIDING IN MOTOR
2 VEHICLES
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patrice M. Arent
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by enacting a restriction on smoking in a
11 motor vehicle when a child is present.
12 Highlighted Provisions:
13 This bill:
14 . defines smoking;
15 . prohibits a person from smoking in a vehicle if a child who is 15 years of age or
16 younger is a passenger in the vehicle;
17 . provides that violating the smoking prohibition is an infraction and has a maximum
18 fine of $45;
19 . provides that a court may suspend the fine for a violation if the person proves that
20 the person has enrolled in a smoking cessation program;
21 . provides that enforcement of the smoking prohibition shall be only as a secondary
22 action; and
23 . provides that a violation of the smoking prohibition may not be used as a basis for
24 or evidence of child abuse or neglect.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 41-6a-1717, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 41-6a-1717 is enacted to read:
35 41-6a-1717. Smoking in a vehicle prohibited when child is present -- Penalty --
36 Enforcement.
37 (1) As used in this section, "smoking" has the same meaning as defined in Section
38 26-38-2 .
39 (2) Smoking is prohibited in a motor vehicle if a child who is 15 years of age or
40 younger is a passenger in the vehicle.
41 (3) A person who violates this section is guilty of an infraction and is subject to a
42 maximum fine of $45.
43 (4) The court may suspend the fine for a violation of this section if:
44 (a) the person has not previously been convicted of a violation of this section; and
45 (b) the person proves to the court that the person has enrolled in a smoking cessation
46 program.
47 (5) Enforcement of this section by a state or local law enforcement officer shall be only
48 as a secondary action when the vehicle has been detained for a suspected violation by any
49 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
50 (6) A violation of this section may not be used as a basis for or evidence of child abuse
51 or neglect.




Legislative Review Note
as of 1-5-11 5:29 PM

Office of Legislative Research and General Counsel