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

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 75 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 3701.2. Protection of children from second-hand smoke.

9(a) Offense.--

10(1) An individual may not smoke in a vehicle which is
11transporting a child under eight years of age.

12(2) An individual shall not be convicted under this
13subsection unless the individual is also convicted for a
14violation of this title which occurred at the same time.

15(b) Grading.--

16(1) Except as set forth in paragraph (2), an individual
17who violates subsection (a) commits a summary offense and
18shall, upon conviction, be sentenced to pay a fine of $100.

1(2) An individual who, after being sentenced under
2paragraph (1), violates subsection (a) commits a summary
3offense and shall, upon conviction, be sentenced to pay a
4fine of $250.

5(c) Definition.--As used in this section, the term "smoke" 
6means to carry a lighted cigar, cigarette, pipe or other smoking 
7device.

8Section 2. This act shall take effect in 60 days.