Senate Bill 2216

AN ACT TO PROHIBIT ANY OPERATOR OF A MOTOR VEHICLE WHICH IS TRANSPORTING A CHILD REQUIRING A PASSENGER RESTRAINT DEVICE 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 motor vehicle transporting a child requiring a passenger restraint device under Section 63-7-301 shall not smoke any tobacco product in the vehicle and shall prohibit smoking of any tobacco product by any occupant of such motor vehicle.

(2) For the purposes of this section:

(a) "Motor vehicle" shall be defined as in Section 63-7-301, Mississippi Code of 1972.

(b) "Child" shall be defined as in Section 63-7-301.

(3) The operator of a motor vehicle may be in violation of this section by his or her 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 he or she has entered into a smoking cessation program, may have his or her fine waived 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 stop a 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, 2010.