Introduced Version




Citations Affected: IC 35-46-1-11.4.

Synopsis: Smoking in passenger vehicles. Provides a $25 penalty for a person who smokes in a passenger motor vehicle while a minor who is less than 13 years of age is in the vehicle. Prohibits stopping, inspecting, or detaining a person solely to determine compliance. Provides that the penalty for a subsequent violation is $100. Deposits penalties into the tobacco use prevention and cessation trust fund.

Effective: July 1, 2008.

Brown C

    January 8, 2008, read first time and referred to Committee on Judiciary.


Second Regular Session 115th General Assembly (2008)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-46-1-11.4; (08)IN1056.1.1. -->     SECTION 1. IC 35-46-1-11.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11.4. (a) As used in this section, "passenger motor vehicle" means a motor vehicle designed to:
        (1) carry passengers; and
        (2) operate on a public highway (as defined in IC 9-25-2-4).
The term does not include a motor scooter (as defined in IC 9-13-2-104), a motorcycle (as defined in IC 9-13-2-108), a motorized bicycle (as defined in IC 9-13-2-109), or an off-road vehicle (as defined in IC 14-8-2-185).
    (b) A person may not smoke or carry a lighted cigarette, cigar, or pipe or other lighted smoking equipment in a passenger motor vehicle while a child who is less than thirteen (13) years of age is in the passenger motor vehicle.
    (c) A person may not be stopped, inspected, or detained solely to determine compliance with this section.
    (d) A person who violates this section commits a Class C

infraction. Notwithstanding IC 34-28-5-4(c), a person who violates this section is subject to a civil penalty of:
        (1) twenty-five dollars ($25) for the first violation; and
        (2) one hundred dollars ($100) for the second and each subsequent violation.
    (e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Indiana tobacco use prevention and cessation trust fund established by IC 4-12-4-10.