Prohibits smoking tobacco in motor vehicles where a minor less than 18 years of age is a passenger in such vehicle; provides for rebuttable presumption.
STATE OF NEW YORK
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6743
2025-2026 Regular Sessions
IN SENATE
March 21, 2025
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Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to prohibiting
smoking tobacco in motor vehicles where a minor is a passenger
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The vehicle and traffic law is amended by adding a new
2 section 1229-e to read as follows:
3 § 1229-e. Smoking in motor vehicles. 1. Smoking in a motor vehicle
4 located upon a public highway or right-of-way public highway where a
5 minor under eighteen years of age is a passenger is prohibited. Any
6 operator or passenger twenty-one years of age or older violating this
7 section shall be guilty of a traffic infraction.
8 2. A person who holds a lighted cigar, cigarette, pipe or any other
9 matter or substance which contains tobacco to, or in the immediate prox-
10 imity of their mouth, while in such vehicle is presumed to be engaging
11 in smoking within the meaning of this section. The presumption estab-
12 lished by this subdivision is rebuttable by evidence showing that the
13 person was not smoking a lighted cigar, cigarette, pipe or other matter
14 or substance which contains tobacco.
15 3. For purposes of this section "smoking" means the burning of a
16 lighted cigar, cigarette, pipe or any other matter or substance which
17 contains tobacco.
18 § 2. This act shall take effect on the one hundred twentieth day after
19 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00611-01-5
