77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 444

Sponsored by Senator STEINER HAYWARD, Representatives THOMPSON,
  CLEM; Senators BOQUIST, BURDICK, DINGFELDER, MONNES ANDERSON,
  MONROE, ROSENBAUM, SHIELDS, Representatives GELSER, GREENLICK,
  KENY-GUYER, TOMEI (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to smoking in a motor vehicle.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + (1)(a) A person commits the offense of smoking
in a motor vehicle if the person smokes in a motor vehicle while
a person under 18 years of age is in the motor vehicle.
  (b) As used in this subsection, 'smokes' means to inhale,
exhale, burn or carry a lighted cigarette, cigar, pipe, weed,
plant, regulated narcotic or other combustible substance.
  (2) Notwithstanding ORS 810.410, a police officer may enforce
this section only if the police officer has already stopped and
detained the driver operating the motor vehicle for a separate
traffic violation or other offense.
  (3) Smoking in a motor vehicle is a:
  (a) Class D traffic violation for a first offense.
  (b) Class C traffic violation for a second or subsequent
offense. + }
                         ----------

Passed by Senate March 13, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 3, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 444 (SB 444-A)                        Page 1

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 444 (SB 444-A)                        Page 2