AB 877

Current law prohibits, with exceptions, a person from smoking in specified

enclosed or outdoor locations, including in a "public conveyance," which is a mass

transit vehicle, school bus, or other device by which persons are transported for hire

except in interstate commerce. A person who violates this prohibition is subject to

a forfeiture of not less than $100 nor more than $250 for each violation.

Also under current law, the Department of Health Services administers a

tobacco use control program (program) to award grants for specified purposes,

including to reduce tobacco use and promote tobacco use cessation and prevention.

This bill prohibits a person from smoking in a motor vehicle while a person

under 16 years of age is present in the motor vehicle, regardless of whether the motor

vehicle is on a highway. However, the bill does not apply to smoking in a public

conveyance. A person who violates this prohibition must forfeit $25 for the first

offense and $50 for each subsequent offense and must also pay a surcharge in the

same amount. The surcharge proceeds provide additional funding for the program.

A law enforcement officer may not stop or inspect a vehicle solely to determine

compliance with this smoking prohibition but may issue a citation for a violation

observed in the course of a stop or inspection made for other purposes.