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Introduced Version House Bill 2803 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2803


(By Delegate Kessler)

[Introduced January 9, 2008; referred to the

Committee on Roads and Transportation then the Judiciary.]





A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking tobacco products in a motor vehicle when a minor is present; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-9A-10, to read as follows:

ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-10. Smoking in motor vehicle prohibited; penalties.

(a) No person may, while occupying a motor vehicle, consume a tobacco product that emits smoke if a person under the age of eighteen is also occupying the vehicle.

(b) A person violating this section is guilty of a misdemeanor and, upon conviction thereof shall be:

(1) For the first offense, fined at least one hundred dollars;

(2) For the second offense, fined at least one hundred dollars, and sentenced to serve three days in jail; and

(3) For the third and all subsequent offenses, fined at least five hundred dollars and have his or her motor vehicle operator?s license suspended for a period up to six months.




NOTE: The purpose of this bill is to
prohibit the smoking of tobacco products in a motor vehicle when a minor is present.


Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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