| AN ACT |
To amend Title 39 Chapter 17 Offenses Against Public Health, Safety and Welfare to ban smoking in any motor vehicle with children present. |
BE IT ENACTED BY THE 2009 TENNESSEE 4-H CONGRESS:
SECTION 1: It is unlawful for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a minor. A minor being anyone 15 years of age or younger.
SECTION 2: For the purposes of this section, "to smoke" means to have in one's immediate possession a lighted pipe, cigar, or cigarette containing tobacco or any other plant.
SECTION 3: A violation of this section is an infraction punishable by a fine not exceeding one hundred dollars ($100) for each violation.
SECTION 4: 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.
SECTION 5: Violation of this Section shall be considered a primary offense, and any law enforcement officer may stop a motor vehicle solely because of a violation of this Section; however, a law enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this Section.
SECTION 6: A violation is a nonmoving violation, and a citation issued by a law enforcement officer is not included on the driver's operating record.
SECTION 7: This act shall become effective upon passage by the legislature and approval by the Governor or upon its otherwise becoming a law.
| Passed: _____________________ |
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Speaker of the Senate
Tennessee 4-H Congress |
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Speaker of the House of Representatives
Tennessee 4-H Congress
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Approved: ___________________ |
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Governor
Tennessee 4-H Congress
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