Bill Description: Senate Bill 1162 would make it illegal for anyone to smoke or vape in a vehicle if a minor was present. 

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Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?

Senate Bill 1162 would create Section 49-677, Idaho Code, to make it an infraction for a driver or passenger of a vehicle to "smoke or vape," "ignite an object for the purpose of smoking," or "activate a device for the purpose of vaping" if a minor is present in the vehicle. 

A person issued a citation under this section would be subject to a fine of $50.00 and associated court costs. 

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Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

Senate Bill 1162 would violate both the property rights and parental rights of adults by making it illegal to smoke or vape in their own vehicles if children are present.

It is also worth noting that the bill contains no exceptions related to the size of the vehicle, the ventilation system available, the type of device being used, or any other factors that might play into parental discretion in such matters. 

Additionally, this law could be used to double down on penalizing young people for smoking or vaping, because the wording of this statute would apply even if it was the minor who was smoking or vaping. Ironically, it could even apply if the smoking or vaping minor were the sole occupant of the vehicle.

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