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

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.--An individual may not smoke in a vehicle which
10is transporting a child under 12 years of age.

11(b) Grading.--

12(1) Except as set forth in paragraph (2), an individual
13who violates subsection (a) commits a summary offense and
14shall, upon conviction, be sentenced to pay a fine of $100.

15(2) An individual who, after being sentenced under
16paragraph (1), violates subsection (a) commits a summary
17offense and shall, upon conviction, be sentenced to pay a
18fine of $250.

1(c) Definition.--As used in this section, the term "smoke" 
2means to carry a lighted cigar, cigarette, pipe or other smoking 
3device.

4Section 2. This act shall take effect in 60 days.