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This document includes House Floor Amendments incorporated into the bill on Tue, Feb 12, 2013 at 10:25 AM by jeyring. --> 1
8 LONG TITLE
9 Committee Note:
10 The Health and Human Services Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Motor Vehicles Code by enacting a restriction on smoking in a
13 motor vehicle when a child is present.
14 Highlighted Provisions:
15 This bill:
16 . defines smoking;
17 . prohibits a person from smoking in a motor vehicle if a child who is 15 years of age
18 or younger is a passenger in the vehicle H. except in certain circumstances .H ;
19 . provides that violating the smoking prohibition is an infraction and has a maximum
20 fine of $45;
21 . provides that until July 1, 2014, a peace officer may not issue a citation to an
22 individual for a violation of this section but shall issue the individual a warning
23 informing the individual that smoking is prohibited in a motor vehicle if a child who
24 is 15 years of age or younger is a passenger in the vehicle;
25 . provides that a court may suspend the fine for a violation if the person has not
26 previously been convicted of smoking in a vehicle when a child is present and
27 proves that the person has enrolled in a smoking cessation program;
28 . provides that enforcement of the smoking prohibition shall be only as a secondary
29 action; and
30 . provides that a violation of the smoking prohibition may not be used as a basis for
31 or evidence of child abuse or neglect.
32 Money Appropriated in this Bill:
34 Other Special Clauses:
36 Utah Code Sections Affected:
38 41-6a-1717, Utah Code Annotated 1953
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 41-6a-1717 is enacted to read:
42 41-6a-1717. Smoking in a vehicle prohibited when child is present -- Penalty --
44 (1) As used in this section, "smoking" has the same meaning as defined in Section
45 26-38-2 .
46 (2) H. [
46a prohibited in a motor vehicle if a child who is 15 years of age or
47 younger is a passenger in the vehicle.
47a H. (b) A person may smoke in a motor vehicle while a child who is 15 years of age or
47b younger is a passenger in the vehicle if the person:
47c (i) is operating a convertible or open-body type motor vehicle; and
47d (ii) the roof on the convertible or open-body type motor vehicle is in the
47e open-air mode. .H
48 (3) A person who violates this section is guilty of an infraction and is subject to a
49 maximum fine of $45.
50 (4) Until July 1, 2014, a peace officer may not issue a citation to an individual for a
51 violation of this section but shall issue the individual a warning informing the individual that
52 smoking is prohibited in a motor vehicle if a child who is 15 years of age or younger is a
53 passenger in the vehicle.
54 (5) The court may suspend the fine for a violation of this section if:
55 (a) the person has not previously been convicted of a violation of this section; and
56 (b) the person proves to the court that the person has enrolled in a smoking cessation
58 (6) Enforcement of this section by a state or local law enforcement officer shall be only
59 as a secondary action when the vehicle has been detained for a suspected violation by any
60 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
61 (7) A violation of this section may not be used as a basis for or evidence of child abuse
62 or neglect.
Legislative Review Note
as of 9-26-12 3:13 PM