Bill Text: VA HB578 | 2020 | Regular Session | Chaptered
Bill Title: Smoking; illegal in motor vehicle when a minor under the age of 15 is present.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2020-04-09 - Governor: Acts of Assembly Chapter text (CHAP0972) [HB578 Detail]
Download: Virginia-2020-HB578-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §46.2-810.1 of the Code of Virginia is amended and reenacted as follows:
§46.2-810.1. Smoking in vehicle with a minor present; civil penalty.
A. For the purposes of this section, "smoke" means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.
B. It is unlawful for a person to smoke in a motor vehicle,
whether in motion or at rest, when a minor under the age of eight 15
is present in the motor vehicle. A violation of this section is punishable by a
civil penalty of $100 to be paid into the state treasury and credited to the
Literary Fund. No demerit points shall be assigned under Article 19 (§46.2-489
et seq.) of Chapter 3 and no court costs shall be assessed for a violation of
this section. A violation of this section may be charged on the uniform traffic
summons form.
C. No citation for a violation of this section shall be issued unless the officer issuing such citation has cause to stop or arrest the driver of such motor vehicle for the violation of some other provision of this Code or local ordinance relating to the operation, ownership, or maintenance of a motor vehicle or any criminal statute.
