2012 Regular Session
To: Judiciary, Division B; Public Health and Welfare
By: Senator(s) Frazier
AN ACT TO PROHIBIT ANY OPERATOR OF A MOTOR VEHICLE THAT IS BEING USED TO TRANSPORT A CHILD FROM ALLOWING THE SMOKING OF ANY TOBACCO PRODUCT IN THE MOTOR VEHICLE; TO PROVIDE DEFINITIONS; TO PROVIDE MISDEMEANOR PENALTIES FOR VIOLATION OF THIS ACT; TO PROVIDE FOR ENFORCEMENT BY LAW ENFORCEMENT OFFICERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The driver or operator of any passenger motor vehicle transporting a child shall not smoke any tobacco product in the vehicle and shall not permit smoking of any tobacco product by any occupant of the passenger motor vehicle.
(2) For the purposes of this section:
(a) "Passenger motor vehicle" has the meaning given in Section 63-2-1.
(b) "Child" means a person under the age of seventeen (17).
(c) "Smoke and smoking" has the meaning given in Section 29-5-161.
(3) The operator of a passenger motor vehicle may be in violation of this section by the operator's own action or by the action of an occupant of the vehicle.
(4) A violation of this section shall be a misdemeanor, punishable by a fine of Fifty Dollars ($50.00) upon conviction. A violation of this section shall be considered a nonmoving violation and shall not be entered on the driving record of any individual so convicted.
(5) Any operator cited who proves to the court that the operator has entered into a smoking cessation program is eligible for a waiver of fine for a first offense violation of this section.
(6) Probable cause for a violation of this section shall be based solely upon a law enforcement officer's clear and unobstructed view of a person smoking as prohibited by this section. Violation of this section shall be considered a primary offense, and any duly sworn law enforcement officer may effect a stop of a passenger motor vehicle because of a violation of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.