HOUSE BILL No. 1056
DIGEST OF INTRODUCED BILL
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.
January 8, 2008, read first time and referred to Committee on Judiciary.
Second Regular Session 115th General Assembly (2008)
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HOUSE BILL No. 1056
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
(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.