ON APRIL 18, 2018, THE SENATE ADOPTED AMENDMENT #1. SENATE BILL 1759 FAILED TO RECEIVED A CONSTITUTIONAL MAJORITY VOTE AND WAS RE-REFERRED TO THE CALENDAR COMMITTEE.
AMENDMENT #1 rewrites this bill to make it an offense for the operator or a passenger of an enclosed motor vehicle to smoke cigarettes, pipes, or cigars in a motor vehicle when a child who is 14 years of age or less is also present in the vehicle, regardless of whether the windows of the motor vehicle are down. A violation of this amendment's prohibition will be punishable as follows:
(1) A first offense is punishable only by the issuance of a warning citation;
(2) A second offense is a Class C misdemeanor punishable only by a fine of $20.00 and court costs not to exceed $10.00, including, but not limited to, any statutory fees of officers; and
(3) A third or subsequent offense is a Class C misdemeanor punishable only by a fine of $50.00 and court costs not to exceed $10.00, including, but not limited to, any statutory fees of officers.