Be it enacted by the General Assembly of Virginia:

1. That §46.2-810.1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding in Article 4 of Chapter 8 of Title 18.2 a section numbered 18.2-371.5 as follows:

§18.2-371.5. Smoking with a minor under the age of 15 present; penalty.

A. For the purposes of this section, "smoke" means the same as that term is defined in §46.2-810.1. "Smoke" includes the use of marijuana in the forms described in §46.2-810.1.

B. Any person who intentionally smokes in the presence of a minor under the age of 15 and directly exposes such minor to secondhand smoke is guilty of a Class 3 misdemeanor. This section shall not apply to (i) any public area unless such area has been designated as a non-smoking zone or (ii) any private establishment that has a designated smoking area and the person smoking is in the designated smoking area.

C. Notwithstanding any other provision of law or applicable evidentiary rule, a conviction under this section shall be admissible in any proceeding in which it is alleged that a child is abused and neglected.

§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 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 law-enforcement officer shall stop a motor vehicle for a violation of this section. No evidence discovered or obtained as the result of a stop in violation of this subsection, including evidence discovered or obtained with the operator's consent, shall be admissible in any trial, hearing, or other proceeding.

D. Notwithstanding any other provision of law or applicable evidentiary rule, a conviction under this section shall be admissible in any proceeding in which it is alleged that a child is abused and neglected.