S T A T E O F N E W Y O R K
________________________________________________________________________
337
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Health
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:
Section 1. The vehicle and traffic law is amended by adding a new
section 1229-e to read as follows:
§ 1229-E. SMOKING IN MOTOR VEHICLES. 1. SMOKING IN A MOTOR VEHICLE
LOCATED UPON A PUBLIC HIGHWAY OR RIGHT-OF-WAY PUBLIC HIGHWAY WHERE A
MINOR UNDER EIGHTEEN YEARS OF AGE IS A PASSENGER IS PROHIBITED. ANY
OPERATOR OR PASSENGER TWENTY-ONE YEARS OF AGE OR OLDER VIOLATING THIS
SECTION SHALL BE GUILTY OF A TRAFFIC INFRACTION.
2. A PERSON WHO HOLDS A LIGHTED CIGAR, CIGARETTE, PIPE OR ANY OTHER
MATTER OR SUBSTANCE WHICH CONTAINS TOBACCO TO, OR IN THE IMMEDIATE PROX-
IMITY OF THEIR MOUTH, WHILE IN SUCH VEHICLE IS PRESUMED TO BE ENGAGING
IN SMOKING WITHIN THE MEANING OF THIS SECTION. THE PRESUMPTION ESTAB-
LISHED BY THIS SUBDIVISION IS REBUTTABLE BY EVIDENCE SHOWING THAT THE
PERSON WAS NOT SMOKING A LIGHTED CIGAR, CIGARETTE, PIPE OR OTHER MATTER
OR SUBSTANCE WHICH CONTAINS TOBACCO.
3. FOR PURPOSES OF THIS SECTION "SMOKING" MEANS THE BURNING OF A
LIGHTED CIGAR, CIGARETTE, PIPE OR ANY OTHER MATTER OR SUBSTANCE WHICH
CONTAINS TOBACCO.
§ 2. This act shall take effect on the one hundred twentieth day after
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
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