Proposed Illinois law would make it illegal to smoke with kids in the car

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Recently-introduced legislation would fine motorists who are caught smoking in a vehicle if any passenger is under 18.

Illinois State Senator Ira Silverstein (D-Chicago) introduced Senate Bill 2659, which would prohibit any person from smoking tobacco, or anything else, while any minors are in the vehicle.

“Second-hand smoke has serious health effects, and Illinois already restricts smoking indoors. This protects children from prolonged, enclosed exposure to smoke in an even less-ventilated setting,” Silverstein said.

It would not be a primary offense, meaning police would not be able to pull over a driver simply because of the smoking violation.

Violations would be considered a petty offense with a maximum fine of $100.

The bill was introduced January 21, 2014.


  • Jim

    Do we really need the State of Illinois regulating what we do on our private property? This just seems to be yet another scheme by the state to generate revenue at the expense of the tax payers.

    • Pam

      i am a reformed smoker but it is wrong …really wrong for the government to tell you what you can do in and on your own property. sounds like some politicians are getting their pockets greased

      • Mary Canaday Gray

        They do it all the time…that is what laws are all about. Unfortunately some people have no common sense and put themselves ahead of their children, at the expense of children’s health, so yea, it needs to be a law.

    • truebob

      The state of Illinois would only be regulating the tools that smoke in confined spaces with minors. If you are so ignorant as to smoke in the car with kids, then ye, you really do need the state to smack you upside your head.

  • Jeremy

    not just tax payers but smokers. its always us smokers that get targeted and its BS. So tired of hearing about everyone elses rights and non smokers rights all while my rights are being totally violated.

    • just sayin

      I totally agree with you Jeremy. My smoking in the presence of anyone under 18 is of no concern to the State. That permission is determined by the minors parents. I, too, am sick of having my rights violated by righteous groups and individuals. I am over 21 and I can make my own choices.

  • Marlena Walsh

    I dont smoke but I still think thats not right untill they pay for your gas, insure your car and pay your sticker thay have no rights to tell you cant smoke in your car they dont pay for your car

  • kahy

    Our government is trying to turn OUR COUNTRY into a communist one where they want to regulate everything we do. We don’t have to let them do it they work for us we elected them and we should be able to control and protect our rights.

  • marie

    We are more like a communist country than others…I want to know who are the ones voting yes on these STUPID LAWS they are voting in and wanting to vote in. I will vote for the other person hoping they have more sense than the IDIOT’S that we have in there now…I am fed up with these lawmakers, who are they in there for, THE PEOPLE OR THE BIG COMPANY’S?????

  • Warrior

    I’m a smoker but never in my home period and not in the car when the kids are present. I find it selfish and disturbing when people do. It is harmful to others. I made the choice to smoke and harm my own lungs, it would be so wrong to force it upon kids. I agree with the fine. Don’t like it? Don’t smoke in the car with kids. Easy as that.

    • Jillian

      1000 % agree!!!!!! I hate smokers and the fact they think they have the “right” to force others to be around smoke, especially children who have no voice. My mom smoked around me (house, car) and I HATE her for it.
      I would respect smokers more if they quit throwing their butts on the ground… Wish they would fine them for that also!!!!

    • Mike Cantrell

      You are Not a “smoker”. More like a person who works for the American Lung or Heart Association. Same with Mary Canaday Gray.

      By the way don’t change screen names and 1000% agree with yourself!

  • Warrior

    Mike I smoke but think it’s wrong to force it upon kids. And Jillian is not me. But think what you want. I do smoke but will not in my home and not the car when a kid is in it with me. I think it’s selfish when people do. Just how I feel.

  • Hope Arias

    I am in Oregon and a former smoker. I think its a good idea. I think that any parent that cares about their child would automatically not smoke in their car or home with children present. So, this being said, people that are responsible parents wont have to change anything.

  • John

    Boo Hoo to the smokers that think it’s their God given right to force their children to breath in that pollution. I had to do that & I hated it & the grownups just didn’t care. Cry me a river that you can’t make your kids suffer! Die of cancer already.

    • Warrior

      A bit harsh John. I do find it selfish and disgusting to subject kids to secondhand smoke and it should be illegal, wishing death is just not the right approach.

  • Alex1908e7523

    I long for the day where smokers will not be allowed to smoke except in very limited places. It’s not fair if I have to smell your cigarette smoke. There is NOTHING redeeming about smoking, so when smokers lose rights, I celebrate it……celebrate! I’m not sympathetic, particularly when the majority of smokers throw their cigarette butts wherever they feel like it. No, don’t worry about littering the grounds with your disgusting butts. When a smoker gets a smoking-related disease, I feel no sympathy.

    • Alex1908e7523

      I should add that I would be embarrassed to be so addicted to something that I would risk my life and health for a substance. Right. I don’t understand addiction, and it’s probably because I am a strong person who isn’t manipulated by substances or companies.

    • Motherof2girls

      I cannot agree more. My mother has smoked my whole life and smokes around my kids. I remove them and leave when she lights up in the house. As for her given “right” to smoke in her car, what about my children’s rights to fresh air and not getting secondhand smoke? I wish everywhere was like this. Do you not see how much damage it does not only to your body, breath, teeth, lungs, etc. but how much you stink!? Nobody wants to be around that.

  • Maya Nadine

    We have this law in Canada and it works GREAT! Besides, no parent should make their kids suffer for their selfishness to smoke. If you can’t pass up smoking in the car with little children, then buy a god da@# electronic cigarettes! Sick and tired of hearing these smokers whining about their “freedom” being taken away. What about your kids LUNGS that you’re damaging? My parents used to smoke 2 packs a day each in the house. I now have chronic asthma because of this! My husband is NOT allowed to smoke in our house. He goes outside if he wants his cigarette that bad… if not, he uses an e-cig. In the car, he respects our kids and doesn’t smoke around them. Man, you guys have your priorities backwards. GET WITH THE PROGRAM!


    It should be a primary offense – and a $500 fine – it’s tantamount to child abuse as they are not in a position to remove themselves from the harmful second hand smoke. Smokers are nothing short of drug addicts anyway – being addicted to nicotine and willing to do almost anything to keep up their habit.

  • leftyraydy

    people believe that smokers shouldn’t have the rights come on. first off im not encouraging smoking with kids in the car, but anyone can have kids that is their right even if they are lets say 13 why not fine them its not healthy for a 13 year old to have a kid so lets fine anyone who has a kid under the age of 18. abortion is legal and that prevents a life to coming to be i mean smoking may harm a child but abortion is even worse… people can give tatoos and actual plastic surgery on children and their pets thats legal. people can live off the government because kids have kids which results in more kids having kids which leads to them living off the government. why dont we fix other things before this that are way more out of hand.

  • Dani

    We might as well have a king. Soon enough they are going to make a law on what we can believe in. For Pete’s sake they are talking about microchips being put into our bodies if we want to buy stuff eventually. Whether u are a non smoker or a smoker, it does not matter. The government is going to keep taking things away until people start standing up and saying “OK we have had enough”. We all have rights and we all have opinions. And I believe if something doesn’t happen to stop them we will end up not having either one.

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