CHAPTER 11 - RULES OF THE ROAD

625 ILCS 5/11-1432

Sec. 11-1432. Prohibit smoking in a motor vehicle with a minor present.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Petty Offense

No incarceration authorized · Fine up to $1,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction SOS Administrative Action

Moving Violation (Point Assessment & Suspension Counter) · Conviction counts toward Illinois SOS license suspension threshold (3 convictions in 12 months for age 21+; 2 convictions in 24 months for under 21).

Classification Petty Offense
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 5000
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Smoking in motor vehicle with minor present (see section for specific provisions) Petty Offense Release on Notice Release Eligible 5000
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 11-1432. Prohibit smoking in a motor vehicle with a minor present.

(a)

(a) For purposes of this Section:

"Smoke" means to inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance.

"Vehicle" has the same meaning as defined in Section 1-217 of this Code and does not include motorcycles as defined in Section 1-147.

(b)

(b) A person shall not smoke in a motor vehicle, whether it is in motion or at rest, if a person under 18 years of age is in the vehicle, regardless of whether the vehicle's windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle.

(c)

(c) A police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this Section.

(d)

(d) A violation of this Section is a petty offense punishable by a fine not to exceed $100 and, for a second or subsequent offense, a fine not to exceed $250.

(Source: P.A. 101-468, eff. 6-1-20.)

Cross-Referenced ILCS Codes