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HOUSE DOCKET, NO. 459 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 2191
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
James K. Hawkins
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect little lungs.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James K. Hawkins2nd Bristol1/13/2023 1 of 2
HOUSE DOCKET, NO. 459 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 2191
By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2191) of
James K. Hawkins for legislation to prohibit smoking in motor vehicles in which young children
are passengers. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2315 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to protect little lungs.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 7AA of Chapter 90 of the General Laws is hereby amended by
2adding the following subsection at the end thereof:
3 (1) No person or persons shall be allowed to smoke, as defined in Section 22, Chapter
4270 of the General Laws, in a motor vehicle in which a child is required by the provisions of this
5chapter to be secured by a child passenger restraint.
6 An operator or passenger of a motor vehicle who violates the provisions of this section
7shall be subject to a fine of $100.
8 Law enforcement agencies shall enforce the provisions of this section. A law
9enforcement officer may not search or inspect a motor vehicle, its contents, the driver, or a 2 of 2
10passenger solely because of a violation of this section. For a period of 90 days following the
11effective date of this act, any law enforcement official who stops a motorist solely because of a
12violation of this section shall not issue a citation but shall issue a verbal or written warning.
13 A violation of this section shall not be used as evidence of contributory negligence in any
14civil action.
15 A person who receives a citation for a violation of any of the provisions of this section
16may contest such citation pursuant to section three of chapter ninety C. A violation of this
17section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws
18for the purpose of determining surcharges on motor vehicle premiums pursuant to section one
19hundred and thirteen B of chapter one hundred and seventy-five.