H.B. 82

1

PROTECTION OF CHILDREN RIDING IN
2 MOTOR VEHICLES
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: F. Jay Seegmiller
6 Senate Sponsor: Peter C. Knudson
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:
16 . a child is a passenger in the vehicle; and
17 . the child is younger than eight years of age and is restrained or is required to be
18 restrained in a child restraint device;
19 . provides that violating the smoking prohibition is an infraction and has a maximum
20 fine of $45;
21 . provides that a court may suspend the fine for a violation if the person proves that
22 the person has enrolled in a smoking cessation program;
23 . provides that enforcement of the smoking prohibition shall be only as a secondary
24 action; and
25 . provides that a violation of the smoking prohibition may not be used as a basis for
26 or evidence of child abuse or neglect.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 ENACTS:
33 41-6a-1717, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 41-6a-1717 is enacted to read:
37 41-6a-1717. Smoking in a vehicle prohibited when child is present -- Penalty --
38 Enforcement.
39 (1) As used in this section, "smoking" has the same meaning as defined in Section
40 26-38-2 .
41 (2) Smoking is prohibited in a motor vehicle if:
42 (a) a child is a passenger in the vehicle; and
43 (b) the child described in Subsection (2)(a) is:
44 (i) younger than eight years of age; and
45 (ii) restrained or required to be restrained in a child restraint device while riding in the
46 vehicle in accordance with Section 41-6a-1803 .
47 (3) A person who violates this section is guilty of an infraction and is subject to a
48 maximum fine of $45.
49 (4) The court may suspend the fine for a violation of this section if:
50 (a) the person has not previously been convicted of a violation of this section; and
51 (b) the person proves to the court that the person has enrolled in a smoking cessation
52 program.
53 (5) Enforcement of this section by a state or local law enforcement officer shall be only
54 as a secondary action when the vehicle has been detained for a suspected violation by any
55 person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
56 (6) A violation of this section may not be used as a basis for or evidence of child abuse
57 or neglect as defined in Section 62A-4a-402 .

Legislative Review Note
as of 11-30-09 2:41 PM

Office of Legislative Research and General Counsel