House Bill 1042

AN ACT TO AMEND SECTION 63-7-301, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON FROM SMOKING WHILE TRANSPORTING A CHILD UNDER THE AGE OF FOUR IN A PASSENGER MOTOR VEHICLE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-7-301, Mississippi Code of 1972, is amended as follows:

63-7-301. (1) (a) Every person transporting a child under the age of four (4) years in a passenger motor vehicle,and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards.

(b) A person transporting a child under the age of four (4) years as provided in paragraph (a) of this subsection, is prohibited from smoking in the passenger motor vehicle while that child is present.

(2) The term "passenger motor vehicle" as used in Sections 63-7-301 through 63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3).

(3) Failure to provide and use a child passenger restraint device or system shall not be considered contributory or comparative negligence.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.