Senate Bill 2072

AN ACT TO PROHIBIT THE OPERATOR OR A PASSENGER IN A MOTOR VEHICLE FROM SMOKING WHEN CHILDREN OF A CERTAIN AGE ARE PRESENT; TO PROVIDE PENALTIES FOR VIOLATIONS; TO PROVIDE FOR CITATION OF VIOLATION; TO PROHIBIT CERTAIN ACTIONS BY LAW ENFORCEMENT OFFICERS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) It shall be unlawful for the operator or any passenger in a motor vehicle to smoke cigarettes, pipes, or cigars in a motor vehicle, passenger van, or pickup truck, when a child who is under the age of eight (8) years is also present in such vehicle, regardless of whether windows of the motor vehicle are down. For purposes of this section, the term "smoke" shall mean inhaling, exhaling, burning, or carrying any lighted cigarette, cigar, pipe, weed, plant, or other combustible substance in any manner or in any form.

(2) Whoever violates the provisions of this section shall be fined One Hundred Fifty Dollars ($150.00) per offense, or at the discretion of the judge, may be sentenced to no less than twenty-four (24) hours of community service.

(3) 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 law enforcement officer may stop a motor vehicle solely because of a violation of this section; however, a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section.

(4) A violation of this section shall be considered a nonmoving violation and a citation issued by a law enforcement officer for such violation shall not be included on the person's driving record.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.