Bill Text: WV SB61 | 2018 | Regular Session | Introduced
Bill Title: Prohibiting smoking in motor vehicle when minor 16 years old or less is present
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2018-02-14 - To Judiciary [SB61 Detail]
Download: West_Virginia-2018-SB61-Introduced.html
WEST virginia Legislature
2018 regular session
Introduced
Senate Bill 61
By Senators Takubo, Stollings, Prezioso, Woelfel, and Baldwin
[Introduced January
10, 2018; Referred
to the Committee on Health and Human Resources; and then to the Committee on
the Judiciary]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-11, relating to prohibiting smoking of tobacco products in a motor vehicle while an individual sixteen years of age or less is present; defining terms; violation of section a secondary misdemeanor offense; and providing a penalty.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.
§16-9A-11. Smoking prohibited in motor vehicle while a person sixteen years of age or less is present; penalty.
(a) The following words have the following meaning:
(1) A “lit tobacco product” means any lighted pipe, cigarette, cigar or other lighted device or product containing a tobacco based product manufactured or made for the purpose of smoking.
(2) A motor vehicle is defined as a Class A, Class B, Class H or Class J vehicle as those terms are defined in §17A-10-1 of this code.
(b) No person who is eighteen years of age or older may smoke or possess a lit tobacco product in a motor vehicle if an individual sixteen years of age or less is in the motor vehicle.
(c) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $25. No court costs or other fees may be assessed for a violation of this section.
(d) Enforcement of this section may only be accomplished as a secondary action when a driver of a vehicle, as defined in this section, has been detained for probable cause of violating another section of this code.
(e) Each time a driver of a vehicle is detained for probable cause of violating another provision of this code and is cited for the offense created pursuant to this section it shall be considered a single offense regardless of the number of individuals sixteen years of age or less in the motor vehicle.
NOTE: The purpose of this bill is to prohibit the use of lit tobacco products in a motor vehicle while individuals sixteen years of age or under of are present. The bill also provides that the misdemeanor offense created by this section is a secondary offense that may only be charged if a driver has been detained for violation of another vehicle law.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
