HB 578

            
2020 SESSION

20100081D

HOUSE BILL NO. 578


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend and reenact � 46.2-810.1 of the Code of 
 Virginia, relating to smoking in motor vehicle with a minor present.
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Patrons-- Guzman, Coyner, Hope, Jenkins, Krizek, Levine, Lopez and Rasoul;
Senator: Morrissey


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Referred to Committee on Transportation

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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 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.