Rep. Paul Heroux, a freshman representative from Attleboro, wants to make it illegal to smoke with children in the car, citing health risks from secondhand smoke. Heroux said the proposed law could be enforced in a manner similar to the law banning texting while driving.
"If an officer sees it, you are busted," Heroux said after testifying Tuesday on his legislation (H 1984), dubbed "an act to protect little lungs" and cosponsored by Reps. Mary Keefe, D-Worcester; Thomas Sannicandro, D-Ashland; and Marjorie Decker, D-Cambridge.
Any driver or passenger who violates the law would be subject to a $100 fine. Police officers would not be able to search or inspect a motor vehicle, or its contents, the driver, or a passenger solely because the vehicle was pulled over for the smoking violation, according to the legislation, which would apply to vehicles including children who are required to be secured by a child passenger restraint.
Heroux acknowledged his proposal would not be easy to enforce but said he hopes it would make smokers think twice before lighting up with children in the car.
Heroux also said a smoking ban when children are in the car would raise awareness about the dangers of secondhand smoke, which led the Legislature and Gov. Mitt Romney to pass a 2004 law banning smoking in most workplaces.
Image: Cigarettes and pacifier, via Shutterstock