Bill Text: OR SB444 | 2013 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to smoking in a motor vehicle.

Spectrum: Moderate Partisan Bill (Democrat 12-3)

Status: (Passed) 2013-06-21 - Effective date, January 1, 2014. [SB444 Detail]

Download: Oregon-2013-SB444-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1671

                           A-Engrossed

                         Senate Bill 444
                 Ordered by the Senate March 11
           Including Senate Amendments dated March 11

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

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Creates offense of smoking in motor vehicle. Applies to persons
in motor vehicle who smoke while person under age of 18 is in
motor vehicle. Punishes by maximum fine of $250 for first offense
 { - , - }   { + and + } $500 for second   { - offense and $1,000
for third - }  or subsequent offense.  
                        A BILL FOR 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. + }
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