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                                                       PRINTER'S NO. 426

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 362 Session of 2007


        INTRODUCED BY DALEY, BENNINGTON, BLACKWELL, CARROLL, DeLUCA,
           FRANKEL, HORNAMAN, JOSEPHS, KULA, LEACH, MELIO, READSHAW,
           SCAVELLO, J. TAYLOR AND YOUNGBLOOD, FEBRUARY 13, 2007

        REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
           FEBRUARY 13, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, providing for second-hand smoke protection for
     3     children.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Title 75 of the Pennsylvania Consolidated
     7  Statutes is amended by adding a section to read:
     8  § 3701.2.  Protection of children from second-hand smoke.
     9     (a)  Offense.--An individual may not smoke in a vehicle which
    10  is transporting a child under eight years of age.
    11     (b)  Grading.--
    12         (1)  Except as set forth in paragraph (2), an individual
    13     who violates subsection (a) commits a summary offense and
    14     shall, upon conviction, be sentenced to pay a fine of $100.
    15         (2)  An individual who, after being sentenced under
    16     paragraph (1), violates subsection (a) commits a summary
    17     offense and shall, upon conviction, be sentenced to pay a


     1     fine of $250.
     2     (c)  Definition.--As used in this section, the term "smoke"
     3  means to carry a lighted cigar, cigarette, pipe or other smoking
     4  device.
     5     Section 2.  This act shall take effect in 60 days.

















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