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.