Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 46.2-112.1 as follows:
§ 46.2-112.1. Smoking in vehicle with a minor present; civil penalty.
A. For the purposes of this section, "smoke" means to carry or hold any lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or to light or inhale or exhale smoke from a pipe, cigar, or cigarette of any kind or any other lighted smoking equipment.
B. It is unlawful for a person [ eighteen years of
age or older ] to smoke in a motor vehicle, whether in motion
or at rest, when a minor under the age of 15 is present in the motor vehicle. A
violation of this section is punishable by a civil penalty of $100 to be paid
into the state treasury and credited to the Literary Fund. No demerit points
shall be assigned under Article 19 (§ 46.2-489 et seq.) of Chapter 3 [