PRINTER'S NO.  2385

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1859

Session of

2011

  

  

INTRODUCED BY DALEY, BISHOP, BRADFORD, V. BROWN, CALTAGIRONE, CARROLL, COHEN, DAVIDSON, HARHAI, JOSEPHS, MAHONEY, MICOZZIE, MOUL, STABACK, SWANGER AND TOOHIL, SEPTEMBER 22, 2011

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 22, 2011  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, providing for second-hand smoke protection for

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children.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 75 of the Pennsylvania Consolidated

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Statutes is amended by adding a section to read:

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

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(a)  Offense.--

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(1)  An individual may not smoke in a vehicle which is

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transporting a child under eight years of age.

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(2)  An individual shall not be convicted under this

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subsection unless the individual is also convicted for a

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violation of this title which occurred at the same time.

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(b)  Grading.--

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(1)  Except as set forth in paragraph (2), an individual

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who violates subsection (a) commits a summary offense and

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shall, upon conviction, be sentenced to pay a fine of $100.

 


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(2)  An individual who, after being sentenced under

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paragraph (1), violates subsection (a) commits a summary

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offense and shall, upon conviction, be sentenced to pay a

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fine of $250.

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(c)  Definition.--As used in this section, the term "smoke"

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means to carry a lighted cigar, cigarette, pipe or other smoking

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device.

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

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