§ 71.107 SMOKING PROHIBITED IN A MOTOR VEHICLE WITH A MINOR PRESENT.

   (A)   For purposes of this section:

      (1)   SMOKE. To inhale, exhale, burn, or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic, or other combustible substance.

      (2)   VEHICLE. The same meaning as defined in § 70.01 and does not include motorcycles as defined in § 70.01.

   (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 division does not apply to a person who is the sole occupant of a vehicle.

   (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)   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.

(ILCS Ch. 625, Act 5, § 11-1432)